City of Cohoes, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Cohoes 7-8-1986 by Ord. No. 48-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Music in restaurants — See Ch. 218.

§ 189-1 Findings; intent.

A. 
The Common Council of the City of Cohoes finds that:
(1) 
Unnecessary noise degrades the environment of the city to a degree which:
(a) 
Is harmful and detrimental to the health, welfare and safety of its inhabitants.
(b) 
Interferes with the comfortable enjoyment of life, property and recreation and with the conduct and operation of business and industry.
(c) 
Causes nuisances.
(2) 
No one has any right to create unnecessary noise.
(3) 
Effective control and elimination of unnecessary noise is essential to the furtherance and health and welfare of the city's inhabitants and to the conduct of the normal pursuits of life, recreation, commerce and industrial activity.
(4) 
Many inhabitants of the City of Cohoes must sleep during the daylight hours in order that they may be employed in the night time and that infants, invalids and illness require that unnecessary noise be eliminated, and the Council is mindful of the fact that a busy city creates sufficient noise by its own activity which cannot be eliminated, therefore, it is in the public interest that unnecessary noise, especially unnecessary recreational noise, be eliminated with the corporate limits.
B. 
It shall be an expression of the legislative intent of this Council:
(1) 
That the proliferation of portable radios and tape players being played outside of dwellings, upon the public way, on public sidewalks and in parks and plaza areas and on porches and steps of buildings be discouraged. Individuals that find it necessary to operate these devices out of doors at loud levels should operate them with headsets or headphones attached so that the persons who desire to listen to these devices may enjoy them in comfort and that they not be permitted to create a nuisance in the neighborhood.
(2) 
That commercial establishments which provide live entertainment or jukebox entertainment or entertainment through some sound amplification system should be discouraged from having such entertainment audible outside of said premises and on the public ways and streets and be specifically discouraged from loud or noisy entertainment being conducted with their doors open to the public way.
(3) 
To discourage the use of any horn or signaling device on any automobiles, motorcycle or other vehicles, except as a danger warning, and especially to discourage the use of a vehicle horn in closely settled neighborhoods to signal a resident to come down or out of a building except in a situation where the driver of the vehicle, due to disability is incapable of leaving the vehicle to go to the door of the residence to be addressed.

§ 189-2 Prohibited acts.

It shall be unlawful for any person within the City of Cohoes to make, continue or cause to be made or continued, any loud, unnecessary or unusual noise which either annoys, disturbs or endangers the comfort, repose, health, peace or safety of others within the limits of the city. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter:
A. 
Vehicles.
(1) 
Horns and signaling devices. The sounding of any horn or signaling device on an automobile, motorcycle or any other vehicle on any street or public place in the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound, the sounding of any such device for an unnecessary and unreasonable period of time, the use of any horn, whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is for any reason held up. Authorized emergency vehicles may use warning sounds. Weddings, parades and other organized events which customarily use motor vehicles and sound their horns during the event are excepted from the operation of this chapter.
(2) 
Engine exhausts. The discharge into the open air within the city of the exhaust of any steam engine, gasoline engine, stationery internal combustion engine or any other type of engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
B. 
The construction or repairing of buildings. The creation of noise associated with an excavation, demolition, alteration or repair of any building within the city other than between the hours or 6:00 a.m. and 9:00 p.m. except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be renewed for periods of three days while the emergency continues.
C. 
Loudspeakers, amplifiers, paging systems, portable radios and portable tape players in the streets. The playing, using or operating or permitting to be played, used or operated of any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of any sound which is cast upon the public streets, sidewalks, parks, plaza areas or any public areas of the city. Permits for the operation of these devices may be obtained for the conduct of any approved event or celebration. Practice sessions by school bands are exempt from the operation of this chapter.
D. 
Radios, phonographs on private property. Playing, using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, tape player, television receiving set or other machine or device for the producing or reproducing of sound, if such sound is loud enough to be clearly heard 25 feet from the boundary of the property on which the sound is produced or reproduced.
E. 
Yelling, shouting. Yelling, shouting, hooting or singing on the public streets of the city or at any time or place so as to annoy the peace, quiet, comfort or repose of persons in any office or in any dwelling or any other type of residence or of persons within the vicinity, within the limits of the city.

§ 189-3 Permits.

The permits authorized by this chapter may be obtained from the office of the City Clerk who shall promulgate the necessary regulations relating thereto.

§ 189-4 Standards.

It shall be unlawful for any person to willfully make or continue or cause to be made or continued any loud or unnecessary or unusual noises hereinabove defined which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standard which may be considered in determining whether a violation of the provisions of this chapter exist may include, but not be limited to, the following:
A. 
The level of the noise.
B. 
Whether the nature of the noise is usual or unusual.
C. 
Whether the origin of the noise is natural or unnatural.
D. 
The level or intensity of the background noise, if any.
E. 
The proximity of the noise to residential sleeping facilities.
F. 
The nature and zoning of the area within which the noise emanates.
G. 
The density of the habitation of the area within which the noise emanates.
H. 
The time of the day and night the noise occurs.
I. 
The duration of the noise.
J. 
Whether the noise is recurrent, intermittent or constant.

§ 189-5 Penalties for offenses; confiscation of devices. [1]

Any person, firm or corporation violating any provisions of this chapter shall be fined not more than $250 or imprisonment for not more than 15 days, or both, for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. The Police Department may, in its discretion, confiscate the offending device at the scene of the offense, and the return of said device shall be in the sound discretion of the Court.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).