[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.
A.
The Common Council of the City of Cohoes finds that:
(1)
Unnecessary noise degrades the environment of the city
to a degree which:
(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.
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.
The permits authorized by this chapter may be obtained from the office
of the City Clerk who shall promulgate the necessary regulations relating
thereto.
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.
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.
