This chapter shall be known and may be cited as the "Noise Law."
The making and creating of disturbing or offensive noises within the
jurisdiction of the Town of Putnam Valley is a condition which has persisted,
and the level and frequency of occurrences of such noises continues to increase.
These noise levels are a detriment to the public health, comfort, convenience,
safety and welfare of the citizens. Every person is entitled to an environment
in which disturbing, excessive or offensive noise is not a detriment to his
or her life, health or enjoyment of property. This chapter is to be construed
liberally but is not intended to be construed so as to discourage the enjoyment
by residents of normal, reasonable and usual activities.
As used herein, the following terms shall have the meaning indicated:
PERSONS
One or more natural persons of either sex, corporations, partnerships,
associations, membership societies and all other entities capable of being
sued.
SELF-PROPELLED VEHICLE
Any vehicle which is propelled or drawn on land or on the surface
of a lake by a motor, such as but not limited to passenger cars, trucks, truck
trailers, semitrailers, campers, go-carts, snowmobiles, amphibious craft on
land, dune buggies, all-terrain vehicles, racing vehicles, motorboats, jet
skis and motorcycles.
SOUND REPRODUCTION DEVICE
Any device that is designed to be used or is actually used for the
production or reproduction of sound, including but not limited to any amplified
musical instrument, radio, television, tape recorder, phonograph, loudspeaker,
public address system or any other sound-amplifying device.
UNREASONABLE, UNREASONABLY LOUD, DISTURBING OR UNNECESSARY NOISE
Any excessive or unusually loud sound or any sound which either annoys,
disturbs, injures or endangers or interferes with the sleep, comfort, repose,
health or safety of a reasonable person of normal sensitivities or which causes
injury to animal life or damage to property or business.
WEEKEND/WEEKDAYS
For the purposes of this chapter, a weekend is a period of time from
Friday at 7:00 p.m. until Monday at 6:00 a.m. All other times of the week
will be considered weekdays.
No person shall make, cause or permit to be made unreasonable, unreasonably
loud, disturbing or unnecessary noise within the geographical boundaries of
the Town of Putnam Valley.
The creation of unreasonably loud, disturbing or unnecessary noise by
any of the following acts and their causes is declared to be a violation of
this chapter.
A. Between the hours of 8:00 p.m. and 8:00 a.m. on weekdays
(8:00 p.m. and 6:00 a.m. for the Town of Putnam Valley Highway Department,
or any of its contractors repairing or maintaining public roads and highways,
from June 1 through September 30), and the hours of 7:00 p.m. and 9:00 a.m.
on weekends and holidays, the following acts are not permitted:
(1) The use of heavy equipment, motorized lawn equipment
or any noise-making equipment.
(2) The operation of engines in residential zones outdoors.
This would include the stationary idling of any engine, including but not
limited to automobiles, trucks, motorcycles, motorboats, minibikes, snowmobiles
or all-terrain vehicles for more than five minutes.
(3) Any noise from a vehicle, machine or signaling device
for an unnecessary or unreasonable period of time.
(4) The use of explosives, firearms or similar devices.
(5) The operation of any audio equipment or the use of any
musical instrument or human voice, including but not limited to in parked
or moving vehicles, in such a manner or with such volume as to annoy or disturb
the quiet, comfort or repose of persons in any dwelling, hotel or other type
of residence.
(6) Every motorboat over two horsepower shall be provided
with an underwater exhaust or muffler so constructed and used as to muffle
the noise so that the noise of the motor shall be effectively muffled. The
use of cutouts or similar appliances is prohibited.
B. The act of singing or talking, partying sounds or radio
and recording sounds which are audible more than 100 feet from the source
between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 11:00 p.m. and
9:00 a.m. on weekends and holidays are prohibited.
C. Machines to hammer, crush or shatter rock are permitted
for use only as follows:
(1) Hours of operation must be between 9:00 a.m. and 4:00
p.m. weekdays; operation is not permitted on weekends or holidays.
(2) The property owner or designee must obtain a permit from
the Code Enforcement Officer which shall be valid only for a maximum of 10
days of operation.
D. In the PD (Preservation District), CD (Conservation District), R-3 (Low-Density Residence District), R-2 (Moderate-Density Residence District), R-1 (Medium-Density Residence District) and LP (Lake Peekskill Residence District) persons may not engage in the acts listed in Subsection
A(1) through
(6) above in more than four instances during any two-week period without first obtaining a permit from the Code Enforcement Officer.
The owner, tenant and person in charge of the premises on which a violation
under the provisions of this chapter has been committed shall be deemed to
have permitted such violation on the subject premises and, as such, shall
be guilty of such violation.
The provisions of this chapter shall not apply to the following acts:
A. The emissions of sound for the purpose of alerting persons
of an existing emergency.
B. Noise from municipally sponsored celebrations or events.
C. Noise from individually sponsored events where a permit
for public assembly or other relevant permission has been obtained from the
Town Clerk.
D. The operation or use of any organ, radio, bell, chimes
or other instrument, apparatus or device by any church, synagogue or school
licensed or chartered by the State of New York, provided that such operation
or use does not occur between the hours of 10:00 p.m. and 8:00 a.m.
E. Noise generated by the installation and maintenance of
utilities or by any generator during a power outage.
F. Noise generated by a municipality during any emergency
repair and maintenance or any other repair or maintenance undertaken by the
municipality.
Any person who violates any provision of this chapter shall be guilty
of a violation and shall be subject to a fine not to exceed $500 for each
offense, imprisonment not to exceed 15 days, or both such fine and imprisonment.
The town may also seek injunctive relief to prevent the continued violation
of this chapter.
The Town Board shall by resolution set application fees for the permits
authorized in this chapter.