[HISTORY: Adopted by the Council of the City of Watervliet 4-20-1972
as Art. II of Ch. 14 of the Code of Ordinances of 1972. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 127.
As used in this chapter, the following terms shall have the meanings
ascribed to them:
Any individual, firm, association or corporation, whether the person
is the owner, lessee or his charterer or his servants, agents or employees.
Any radio device or apparatus or any device or apparatus for the
amplification of sounds from any radio, phonograph or other sound-making or
sound-producing device or any device or apparatus for the reproduction or
amplification of the human voice or other sounds.
To use or operate or cause to be used or operated any sound device
or apparatus in front of or outside of any building, place or premises or
in or through any window, doorway or opening of any building, place or premises,
abutting on or adjacent to any public street, park or place or in or upon
any vehicle operated, standing or being in or upon any public street, park
or place where the sounds therefrom may be heard upon any public street, park
or place or from any stand, platform or other structure or from any airplane
or other device used for flying, flying over the city or in any boat or on
the waters within the jurisdiction of the city or anywhere on or in the public
streets, parks or places.
That which is not required by the usual circumstances.
The normal noise range for a particular type of vehicle mechanism.
A.
It is hereby declared to be the policy of the Council
to prevent any unreasonably loud, disturbing and unnecessary noise. Noise
of such character, intensity and duration as to be detrimental to the life
or health of any individual or contrary to the public welfare is prohibited.
B.
It is hereby declared that the use or operation of any
radio device or apparatus or any device or apparatus for the amplification
of sounds from any radio, phonograph or other sound-making or sound-producing
device or any device or apparatus for the reproduction or amplification of
the human voice or other sounds in front of or outside of any building, place
or premises or in or through any window, doorway or opening of any building,
place or premises, abutting on or adjacent to any public street, park or place
or in or upon any vehicle operated, standing or being in or upon any public
street, park or place where the sounds therefrom may be heard upon any public
street, park or place or from any stand, platform or other structure or from
any airplane or other device used for flying, flying over the city or in any
boat or on the waters within the jurisdiction of the city, or anywhere on
or in the public streets, parks or places for commercial or business advertising
purposes is detrimental to the health, welfare and safety of the inhabitants
of the city in that such use or operation diverts the attention of pedestrians
and vehicle operators in the public streets, parks and places, thus increasing
traffic hazards and causing injury to life and limb. It is hereby further
declared that such use or operation disturbs the public peace and comfort
and the peaceful enjoyment by the people of their right to use the public
streets, parks and places for street, park and other public purposes and disturbs
the peace, quiet and comfort of the neighboring inhabitants. Therefore, it
is hereby declared that the prohibition of such use or operation for commercial
or business advertising purposes is essential to protect and to secure the
health, welfare, safety, comfort, convenience and peaceful enjoyment by the
inhabitants of the city of their right to use the public streets, parks and
places for street, park and other public purposes and to secure the peace,
quiet, enjoyment and comfort of the city inhabitants.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but any enumeration in
this section shall not be deemed to be exclusive:
A.
Radios, phonographs, musical instruments. The operation
of any radio or phonograph or the use of any musical instrument 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.
[Amended 9-20-1990 by Ord. No. 1538]
B.
Animals and fowl. The keeping of any animal or bird which,
by causing frequent or long continued noise, shall disturb the comfort and
repose of any person in the vicinity.
C.
Vehicles. The use of any automobile, motorcycle or vehicle
so out of repair, so loaded or in such manner as to create loud and unnecessary
grating, grinding, rattling or other noise.
D.
Steam whistles. The blowing of any steam whistle attached
to any stationary boiler, except to give notice of the time to begin or stop
work or as a warning of danger.
E.
Engines and motors. The discharge into the open air of
the exhaust of any steam engine, stationary internal combustion engine or
motor vehicle engine, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
F.
Building construction. The erection, including excavating,
demolition, alteration or repair, of any building other than between 7:00
a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the
interest of public safety, and then only with a permit from the Building Department,
which permit may be renewed for a period of three (3) days or less while the
emergency continues.
G.
Noises near schools, hospitals and similar buildings.
The creation of any excessive noise on any street adjacent to any school,
institution of learning or court, while the same is in session, or adjacent
to any hospital which unreasonably interferes with the workings of such institutions,
provided that conspicuous signs are displayed in such streets indicating that
the street is a school, hospital or court street.
H.
Unloading vehicles; emptying boxes. The creation of a
loud and excessive noise in connection with loading or unloading any vehicle
or the opening and destruction of bales, boxes, crates and containers.
I.
Hawkers and vendors. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
J.
Drums, loudspeakers. The use of any drum, loudspeaker
or other instrument or device for the purpose of attracting attention to any
sale or display of merchandise by the creation of noise.
K.
Vehicle warning devices. The sounding of any horn or
signal device on any automobile, motorcycle, bus or other vehicle, except
as a warning signal pursuant to the provisions of § 15 of the Vehicle
and Traffic Law of the State of New York.
L.
Outside amplifiers. The use of any radio apparatus, talking
machine, loudspeaker or amplifier attached thereto in such a manner that the
loudspeaker shall cause the sound from such radio apparatus or talking machine
to be projected directly therefrom to the outside of any building or out of
doors; or the use of any radio apparatus, talking machine, loudspeaker or
amplifier which is in any way fastened to or connected with any outside wall
or window in any building or structure so that the sound therefrom is projected
outside of such outside wall or window. Nothing herein contained shall be
construed to prevent the operation of a radio apparatus or talking machine
used in a reasonable manner by any person within any building or structure,
provided that the radio apparatus or talking machine or loudspeaker is not
so arranged so that such loudspeaker shall project the sound therefrom directly
outside of any building or out of doors.
[Amended 9-20-1990 by Ord. No. 1538]
M.
Machinery. The operation of any machinery, equipment,
pump, fan, exhaust fan, attic fan, air-conditioning apparatus or similar mechanical
device in such a manner as to create any excessive noise at the adjoining
property line.
N.
Sound devices. Use and operation of sound devices and
apparatus for commercial or business advertising purposes prohibited. It shall
be unlawful for any person to use or operate or cause to be used or operated
any sound device or apparatus in, on, near or adjacent to any public street,
park or place for commercial or business advertising purposes.
A.
It shall be unlawful for any person to use or operate
or cause to be used or operated any sound device or apparatus in, on, near
or adjacent to any public street, park or place for commercial or business
advertising purposes.
B.
It shall be unlawful for any person to operate or drive
or to employ, procure or induce another to operate, drive, lend, lease or
donate any automobile, truck or other type of vehicle or to operate or aviate
or procure or induce another to operate, aviate, lend, lease or donate any
airplane or other type of flying device for commercial or business advertising
by means of any sound device or apparatus in violation of this chapter.
C.
The use of the name of any person or of any proprietor,
vendor or exhibitor or the use of any trade business or corporate name in
connection with such commercial or business advertising shall be presumptive
evidence that such advertising was conducted by reason of employment, procurement
or induction on the part of such person, proprietor, vendor or exhibitor or
the person or persons represented by the trade, business or corporate name.
[Amended 9-20-1990 by Ord. No. 1538[1]]
Any person, firm, corporation or other, violating any provisions of this chapter shall be deemed guilty of a violation as defined by § 10.00, Subdivision 3, of the Penal Law of the State of New York and, upon conviction thereof, shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty.
