[HISTORY: Adopted by the Town Board of the Town of Fishkill 1-19-1993 by L.L. No.
1-1993. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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:
The noise occurs at night between 8:00 p.m. and 8:00 a.m.
The source of the sound is permanent rather than temporary.
The noise is of a periodic or impulsive character rather than
continued and steady.
The noise intrudes into a residential district or any area with
sleeping facilities, including residences, apartments, motels, hotels,
schools or camps.
The duration of the noise is prolonged rather than short.
The noise is louder and more intense than the volume and intensity
of the background noise prevailing in the residential district.
The noise is man-made rather than a sound normally occurring
in nature.
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.
A.
The following acts are declared to violate this chapter:
(1)
The sounding of any horn or audible signal device on any automobile,
motorcycle, bus or truck while moving or stationary, except as a danger
signal.
(2)
The operation of any radio receiver, television receiver, compact
disc player, audio tape player or phonograph or use of any musical
instrument in such a manner with such volume as to disturb the quiet,
comfort or repose of persons in any dwelling.
(3)
The keeping of any animal or bird which creates frequent and sustained
noise and disturbs the quiet, comfort or repose of any person in any
dwelling.
(4)
The use of any automobile, motorcycle or motor vehicle out of repair,
overloaded or equipped in such a manner as to create loud and unnecessary
noise such as grating, grinding and rattling.
(5)
The operation of any noise-creating steam engine, air compressor,
punch press, press brake or pneumatic hammer either:
(a)
On Sundays and legal holidays between the hours of 8:00 p.m.
and 8:00 a.m., except in the case of urgent necessity or in the interest
of public safety with a temporary permit issued by the Town Clerk
with authorization by the Zoning Enforcement Officer; or
(b)
On all other days between the hours of 9:00 p.m. and 7:00 a.m.,
except where the operations are conducted indoors and the noise created
by such operations is inaudible beyond the property boundaries of
the property where the noise originates.
(6)
Excavation of earth or rock, including the digging and grading attendant
thereto, including the processing and transport of such excavated
materials or the erection or demolition of any building:
(a)
On Sundays and legal holidays is not permitted at any time,
except in the case of urgent necessity with a temporary permit issued
by the Town Clerk upon the recommendation of the Zoning Enforcement
Officer; and
(b)
On all other days is not permitted between the hours of 8:00
p.m. and 7:00 a.m., except in the case of urgent necessity upon the
issuance of a temporary permit from the Town Clerk upon the recommendation
of the Zoning Enforcement Officer.
(7)
The creation of any unreasonable noise on any public street or way
adjacent to any school, institution of learning, court, public building
or church, while the same is in use, or adjacent to any hospital,
which noise unreasonably inhibits the public or private functions
in any such building.
(8)
Loud noise caused by voice or any device caused by peddlers, hawkers
or vendors which is unreasonable noise or which noise disturbs the
quiet, comfort or repose of persons in any dwelling.
B.
Noise emanating from the operation of motor vehicles on public highways
is regulated by the New York State Vehicle and Traffic Law.
A.
The Code Enforcement Officer of the Town of Fishkill and the Zoning
Enforcement Officer shall be empowered to issue appearance tickets
to persons for alleged violations of this chapter upon the filing
of a sworn complaint by any aggrieved person. Such appearance ticket
shall be returnable in the Town of Fishkill Justice Court and may
be prosecuted by the Code Enforcement Officer or the Zoning Enforcement
Officer according to his discretion. Any duly sworn police officer
with jurisdiction in the Town of Fishkill shall also have the authority
to issue appearance tickets for alleged violations of this chapter.
Alleged violations of this chapter may be prosecuted by the public
official who issues the appearance ticket without the requirements
of approval by the Town Board of the Town of Fishkill.
B.
Any person who is convicted of violating this chapter shall be guilty
of an offense which shall carry with it the following penalties:
C.
Upon the failure or refusal of the proper enforcement official of
the Town to prosecute any such alleged violation or proceeding within
a period of 30 days after the sworn complaint is filed with such enforcement
official, any three aggrieved persons may institute an action to enjoin
such conduct in the Supreme Court, upon the posting of such security
as is required by the Court.
A.
Any person to whom this chapter applies may apply for a variance
from the Town Board where there are practical difficulties in the
way of carrying out the strict letter of this chapter. Such variance
may be granted where the applicant has demonstrated good and sufficient
cause for the granting of such variance, which determination shall
include consideration of the following factors:
(1)
The social and economic utility of the activity for which a variance
is sought.
(2)
The degree of noise beyond the standards prescribed in this chapter
that the desired variance would extend and the proposed duration of
said variance.
(3)
The reasonably anticipated impacts of the health of residents if
such variance is granted.
(4)
The availability of reasonable measures to mitigate the impact of
such activity if the variance is granted.
(5)
The existence of a permit, permits or approvals that permit the activity
for which the variance is sought. The Town Board may attach such conditions
to the variance as are appropriate in the particular circumstances
presented by the application. The decision by the Town Board must
be approved and filed within 30 days of the filing of the application
for the variance by the applicant. Any aggrieved person may contest
any such decision by the Town Board by an action under Article 78
of the Civil Practice Law and Rules, which must be commenced within
30 days of the filing of such final determination of the variance
in the Town Clerk's office.
