As used in this chapter, the following terms shall have the
meanings indicated:
DISTRICT
The zoning district within which a particular premises is situated shall be as indicated by Chapter
150, Zoning, and the Zoning Map of the Town in effect at the time of the alleged violation.
UNREASONABLE NOISE
A.
Any excessive or unusually loud sound which injures or endangers
the repose, health, peace or safety of a reasonable person or which
causes injury to animal life or damage to a person's property
or business. The factors which will be employed to determine whether
noise is unreasonable are as follows:
(1)
The noise occurs at night between 8:00 p.m. and 8:00 a.m.
(2)
The source of the sound is permanent rather than temporary.
(3)
The noise is of a periodic or impulsive character rather than
continued and steady.
(4)
The noise intrudes into a residential district or any area with
sleeping facilities, including residences, apartments, motels, hotels,
schools or camps.
(5)
The duration of the noise is prolonged rather than short.
(6)
The noise is louder and more intense than the volume and intensity
of the background noise prevailing in the residential district.
(7)
The noise is man-made rather than a sound normally occurring
in nature.
B.
Unreasonable noise emanating from privately owned and occupied
property shall be determined at the property boundary line of any
person complaining of a violation of this chapter or, if no complainant
is known, at the property boundary line of the property from which
the alleged unreasonable noise is being created. In the case of unreasonable
noise emanating within a multiple residence, such determination shall
be made within any adjoining or adjacent apartment or hallway or common
area. Unreasonable noise emanating from public property shall be determined
at the complainant's property boundary line or, if no complainant
is known, at the property boundary line of the property where the
noise is being created.
The creation of an unreasonable noise, as defined in this chapter,
is prohibited within the Town of Fishkill.