Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown 2-23-1993 by L.L. No. 2-1993. Amendments noted where applicable.][1]
GENERAL REFERENCES
Burglar alarm device control — See Ch. 91.
Circuses and carnivals — See Ch. 117.
Dogs and other animals — See Ch. 125.
Explosives — See Ch. 136.
Filming — See Ch. 139.
Firearms — See Ch. 140.
Peddling, hawking and soliciting — See Ch. 208.
Quarrying and blasting — See Ch. 220.
[1]
Editor's Note: Former Ch. 205, Peace and Good Order, adopted 4-3-1974 by L.L. No. 2-1974 as part of Ch. 74 of the 1974 Code, as amended, was repealed 2-23-1993 by L.L. No. 1-1993.

§ 205-1 Intent.

It is the intent of the Town Board of the Town of Clarkstown to provide by this chapter an environment that is free from any noise which unreasonably and unnecessarily interferes with the health, safety and welfare of all persons within the town and which promotes the comfort and repose of all residents so as to protect, promote and improve the quality of life and commerce within the unincorporated portion of the Town of Clarkstown.

§ 205-2 Purpose.

It is the purpose of this chapter to prohibit unnecessary noise.

§ 205-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
UNNECESSARY NOISE
Any unreasonable noise as such term is defined in this chapter for which no exception has been established by § 205-6 herein. Unnecessary noise also includes the sound produced by the activities set forth in § 205-4.
UNREASONABLE NOISE
Any sound, whether produced by the human voice or any instrument or equipment or by the operation of machinery or by use of any mechanical or electronic device, which is audible to any person when such sound threatens to or actually annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivities.

§ 205-4 Certain sounds deemed unnecessary.

[Amended 6-11-1996 by L.L. No. 10-1996; 12-14-1999 by L.L. No. 7-1999]
Any sound produced under the following circumstances is hereby declared to be unnecessary noise:
A. 
Any sound caused by the operation of any lawn mower, leaf blower, chain saw, hedge clipper, mulching or chipping machine during the week from Monday through Friday prior to 7:00 a.m. and after 8:00 p.m., on Saturdays prior to 8:00 a.m. and after 6:00 p.m., and on Sundays prior to 11:00 a.m. and after 5:00 p.m. in any residential zone or any other zone as such zone is established or may be established by any zoning ordinance or local law enacted by the Town Board of the Town of Clarkstown.
B. 
Any sound of any bulldozer, backhoe or other excavation or earthmoving equipment operated anywhere in the unincorporated portion of the Town of Clarkstown during the week from Monday through Friday prior to 7:00 a.m. and after 8:00 p.m., on Saturdays prior to 8:00 a.m. and after 6:00 p.m., and on Sundays prior to 11:00 a.m. and after 5:00 p.m.
C. 
The sound of any gasoline or diesel engine or the sound produced by the operation of any motor vehicle, as defined by the Vehicle and Traffic Law of the State of New York, when said engine or vehicle is not properly equipped with a muffler, or which has defective equipment, or is operated so as to produce a sound not commonly associated with the operation of such vehicle, which is of a level that constitutes unreasonable noise.
D. 
The sound of any power tool, machinery or equipment in use in any construction project or the repair of any building or in any commercial activity or manufacturing process not wholly contained within a closed structure, prior to 7:00 a.m. or after 8:00 p.m. in any zone other than a residential zone and during the week from Monday through Friday prior to 7:00 a.m. and after 8:00 p.m., on Saturdays prior to 8:00 a.m. and after 6:00 p.m., and on Sundays prior to 11:00 a.m. and after 5:00 p.m. in any residential zone when such sound is of a level that constitutes unreasonable noise.
E. 
Any sound produced by the operation of any pump, compressor or generator during the week from Monday through Friday between the hours of 8:00 p.m. and 7:00 a.m., on Saturdays between the hours of 6:00 p.m. and 8:00 a.m., and on Sundays between the hours of 5:00 p.m. and 11:00 a.m. in any zone when such equipment is not housed within a closed structure or equipped with sound-suppressing equipment so as to prevent the sound of operation from reaching the adjoining property line.

§ 205-5 Prohibited noise.

Any person who creates any unnecessary noise within the unincorporated portion of the Town of Clarkstown shall be guilty of a violation of this chapter.

§ 205-6 Exceptions.

The sound produced by the following activities shall not be deemed unnecessary noise:
A. 
The sound produced by any siren, alarm or other warning device operated by any ambulance service, police or fire department or any governmental agency when intended to warn the public of any danger or emergency.
B. 
The sound produced by any equipment being used at any time to restore or repair any public utility or to repair any roadway, bridge or traffic safety equipment when such operation has been authorized by a duly issued permit, or when the same occurs during the existence of any emergency condition which threatens personal safety or endangers property.
C. 
Any sound associated with any sporting event, carnival, fair, exhibition or parade occurring on any public or private property when such event has been duly authorized by any governmental body or agency.
D. 
Any sound associated with any quarrying or blasting operation conducted in accordance with the provisions of Chapter 136, Explosives, or Chapter 220, Quarrying and Blasting, of the Town Code.

§ 205-7 Penalties for offenses.

[Amended 4-9-2013 by L.L. No. 2-2013]
Any person found guilty of a violation of any provision of this chapter shall be punished by a fine of up to $2,500. Any person found guilty of a second offense of any provision of this chapter within 18 months of the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000. Any person found guilty of a third offense of any provision of this chapter within 18 months of the date of the second conviction shall be punished by a fine of not less than $7,500 and not more than $10,000. Any person found guilty of a fourth or subsequent offense of any provision of this chapter within 18 months of the date of the third conviction shall be punished by a fine of not less than $10,000 and not more than $15,000. Each day’s continued violation, when charged separately or listed as a separate count in any accusatory instrument, shall constitute a separate violation.

§ 205-8 Enforcement.

This chapter shall be enforced by members of the Clarkstown Police Department who shall take action on their own initiative or on the complaint of any person when it reasonably appears that an unnecessary noise has been created by any person.