[HISTORY: Adopted by the Town Board of the Town of Copake 3-9-2000 by L.L. No. 3-2000. Amendments noted where applicable.]
This chapter shall be known as "the Town of Copake Noise Regulation Law."
It is hereby determined by the Town Board of the Town of Copake as follows:
The making, creation, allowance or maintenance of loud, unnecessary or unusual noises which are prolonged and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the Town of Copake.
The necessity of the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity and the peace and quiet of the Town of Copake and its citizens.
The following acts are declared to be loud, unusual and unnecessary noises in violation of this chapter:
The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any highway or public place in the town, except as a danger warning; the creation by means of such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable length of time.
The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operating and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter.
The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound between the hours of 11:00 p.m. and 7:00 a.m. which is audible beyond the boundaries of the property on which such device is located.
Yelling, shouting, hooting, whistling or singing on the public streets or highways, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
Loud, unusual or explosive noises caused by the discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
[Amended 7-12-2007 by L.L. No. 3-2007]
Any person, firm or corporation who is guilty of a violation of this chapter shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both. Each day after notice that a violation continues shall be deemed a separate offense. In addition, a civil penalty of $100 per day may be assessed for any such violation, which civil penalty shall be recovered by the Town of Copake in a civil action.
Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person found guilty of such an offense.
Appropriate actions and proceedings may be taken at law or in equity to prevent or remedy unlawful violations or infractions of any portion of this chapter, and these remedies shall be in addition to penalties otherwise prescribed by law.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.