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.
It is the purpose of this chapter to prohibit
unnecessary noise.
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.
[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.
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.
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.
[Amended 4-9-2013 by L.L. No. 2-2013; 12-14-2017 by L.L. No. 10-2017]
Any person found guilty of a violation of any provision of this
chapter shall be punished by a fine of up to $2,500 or a sentence
of imprisonment not to exceed 15 days, or both. Any person found guilty
of a second offense of any provision of this chapter within 18 months
from the date of the first conviction shall be punished by a fine
of not less than $2,500 and not more than $5,000 or a sentence of
imprisonment not to exceed 15 days, or both. Any person found guilty
of a third offense of any provision of this chapter within 18 months
from the date of the second conviction shall be punished by a fine
of not less than $7,500 and not more than $10,000 or a sentence of
imprisonment not to exceed 15 days, or both. Any person found guilty
of a fourth or subsequent offense of any provision of this chapter
within 18 months from the date of the third conviction shall be punished
by a fine of not less than $10,000 and not more than $15,000 or a
sentence of imprisonment not to exceed 15 days, or both. Each day's
continued violation, when charged separately or listed as a separate
count in any accusatory instrument, shall constitute a separate violation.
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.