Town of Catskill, NY Chapter 123 Noise

[HISTORY: Adopted by the Town Board of the Town of Catskill 9-16-2015 by L.L. No. 6-2015.[1] Amendments noted where applicable.]

[1] Editor’s Note: This local law also repealed former Ch. 123, Noise, adopted 8-7-2001 by L.L. No. 5-2001.

§ 123-1 Declaration of policy.

It is the public policy of the Town of Catskill that every person is entitled to ambient noise levels that are not detrimental to life, health and the enjoyment of his or her property. It is hereby declared that the making, creation or maintenance of excessive or unreasonable noises within the Town of Catskill affects and is a menace to public health, comfort, convenience, safety, welfare and prosperity of the people of the Town. The provisions and prohibitions hereinafter contained and enacted are for the abovementioned purpose.

§ 123-2 Noises prohibited.

No person shall make or cause to be made any distinctly and loudly audible sound that unreasonably annoys, disturbs, injures, endangers or affects the comfort, repose, health, peace, safety or welfare of any reasonable person of ordinary sensibilities or precludes their enjoyment of property or affects their property's value within the geographical boundaries of the Town of Catskill.

§ 123-3 Enforcement.

A. The Code Enforcement Officer of the Town of Catskill, Greene County Sheriff's Department or New York State Police shall enforce this chapter as set forth herein.

B. To assist in the enforcement of § 123-2, the following noise events shall constitute prima facie evidence of a violation of this chapter when occurring between the hours of 10:00 p.m. and 7:00 a.m., except as otherwise noted. This list shall not be deemed exclusive:

(1) Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle, except as a danger warning.

(2) Radios, tape and disc players, etc. The using, operating or permitting to be played of any radio receiving set, tape or disc player, musical instrument, phonograph, paging system or other equipment, machine or device, whether moving or stationary, that produces or reproduces sound that is plainly audible at the property line of the parcel at which the source of the sound is located, in the hallway or adjacent apartment if within a building, or otherwise in a manner which disturbs the peace, quiet or repose of a person or persons of ordinary sensibilities, considering the time, place and purpose for which the sound is produced.

(3) Sounds from vehicles. When a vehicle is being used for purposes other than lawful travel on a roadway and such vehicle produces or reproduces a sound in a manner which disturbs the peace, quiet or repose of a person or persons of ordinary sensibilities, considering the time, place and purpose for which the sound is produced. In such event, the vehicle's owner or, if the vehicle's owner is not present at the time of the violation, then the person in charge or control of the vehicle is responsible for the violation.

(4) Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device that produces or reproduces sound that is cast upon the public streets for commercial advertising or attracting the attention of the public to any building or structure.

(5) Yelling and shouting. Yelling, shouting, hooting, whistling or singing that annoys or disturbs the quiet, comfort or repose of any person in any office, dwelling, hotel, motel or other place of residence or in the vicinity.

(6) Animals. Noise from a dog or other harbored animal that is continuous and exceeds 15 continuous minutes in duration at any time of the day.

(7) Whistles and sirens. The blowing of a locomotive whistle or steam whistle attached to any stationary boiler or any siren, except whistles or sirens that give notice of the time to begin or stop work, warn of fire or danger, train crossings, or are used by public emergency vehicles.

(8) Exhaust. The discharge into the open air of exhaust from a steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile, except through a muffler or other device that will effectively prevent loud or explosive noises and complies with all applicable laws and regulations.

(9) Defective vehicles or loads. The use of any automobile, motorcycle or other motor vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling or other noise that disturbs the comfort or repose of any person in the vicinity at any time of day.

(10) Sound trucks for advertising purposes. The use of sound trucks or any other vehicle equipped with sound amplifying devices to advertise any program, project or meeting of any public agency, private business, religious organization, civic group, political party or charitable organization.

(11) Loading, unloading, opening boxes. The creation of a loud and excessive noise in loading or unloading any vehicle or opening and destroying bales or boxes, crates and containers.

(12) Building construction and repair. The erection, excavation, demolition, alteration or repair of any building between 9:00 p.m. and 6:00 a.m. of the following day on weekdays and all day Sunday except owner-occupancy work on single-family residences. The Town Code Enforcement Officer or Town Supervisor may, in cases of emergency, grant permission to repair at any time when the inspector finds that the repair work will not affect the health or safety of persons in the vicinity.

(13) Schools, courts, churches, hospitals. The creation of any excessive noise on any street or private property adjacent to any school, institution of learning, church, court or hospital while these institutions are in use that unreasonably interferes with the property's use if conspicuous signs are displayed in the streets indicating that the institution or property is a school, hospital or court street.

(14) Noisy gatherings. Participation in any party or other gathering of people giving rise to noise, unreasonably disturbing the peace, quiet or repose of another person at any time of day. When a police officer determines that a gathering is creating a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disburse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of the premises who has knowledge of the disturbance shall make every reasonable effort to stop the disturbance.

(15) Alarm systems. Noise from a burglar alarm or other alarm system associated with a building, motor vehicle or boat that disturbs the comfort or repose of any person in the vicinity, provided frequent or long-continued noise exceeds 15 continuous minutes in duration at any time of day.

(16) Power equipment. Noise from the operation of power equipment outdoors such as lawn mowers, leaf blowers, chainsaws, trimmers and other similar equipment, but not including snow blowers, except in the case of public or personal safety or emergency.

C. The following shall not constitute a violation of this chapter:

(1) Amplifying equipment used in connection with activities the Town authorizes, sponsors or permits if the activity is conducted pursuant to the conditions of the license, permit or contract authorizing the activity.

(2) Church bells or chimes or carillons.

(3) School bells.

(4) Antitheft devices, except as identified in § 123-3B(15).

(5) Machines or devices producing sound on or in authorized emergency vehicles.

(6) Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal.

§ 123-4 Landlord's liability.

Violations of this chapter shall be the act of the owner of the residential dwelling unit, even if the owner does not reside in the unit, as well as the persons on the premises who violate this chapter. The owner will only be liable for those violations occurring after receipt of written notice from the Code Enforcement Officer, County Sheriff's Department or New York State Police of a violation of this chapter.

§ 123-5 Waiver.

The Town Board may waive any of this chapter's provisions if it determines that strict enforcement of the provision would cause any undue hardship.

§ 123-6 Remedies.

A. Civil penalties. Any person who is found to have violated this chapter shall be subject to a civil penalty not to exceed $1,000 per violation. Each violation shall be a separate and distinct offense.

B. Injunction. The Code Enforcement Officer, the Town Board or the Town Attorney may commence an action in a court of competent jurisdiction to enjoin any violation of this chapter.

C. Criminal penalties. In addition to any civil penalties available under law, any person violating this shall be guilty of a misdemeanor. Each violation and each day a violation occurs or continues shall be a separate offense. The penalty for each separate offense will be $250 and/or imprisonment as provided for under law.