[HISTORY: Adopted by the Board of Trustees of the Village of Kiryas
Joel 5-21-1993 as L.L. No. 4-1993. Amendments
noted where applicable.]
[Added 4-28-1995 by L.L. No. 5-1995[1] ]
The Board of Trustees finds, due to the densely compacted residential
development and the very high population of children in the village, that
regulation of noise furthers the general welfare of village residents. This
Board finds in particular that mobile loudspeakers pose a threat to the general
welfare due to the ability of a mobile loudspeaker within the small area of
the village to repeatedly disturb the quiet and comfort of persons in their
homes and of students and congregants in their schools and places of worship.
For the purpose of this chapter, the terms used herein are defined as
follows:
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sound(s).
[Repealed 4-28-1995 by L.L.
No. 5-1995]
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but the enumeration herein
shall not be deemed to be exclusive:
A.
The operation of any radio, phonograph, tape recorder,
microphone or other sound device or 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.
B.
The keeping of any animal or bird which, by causing frequent
or long-continued noise, disturbs the comfort and repose of any person in
the vicinity.
C.
The use of any automobile, motorcycle, trail bike, minibike,
snowmobile, bus or vehicle so loaded or in such manner as to create loud and
unnecessary grating, grinding, rattling or other noise.
D.
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.
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.
The erection or construction, including excavation, demolition,
alteration or repair, of any structure other than between 8:00 a.m. and 8:00
p.m., prevailing time, except in case of urgent necessity in the interest
of public safety as determined by the Code Enforcement Officer or pursuant
to other applicable law adopted by the Board of Trustees of the Village of
Kiryas Joel.
G.
The creation of any loud or raucous noise on any street
or public place so as to be disruptive to any school or other institution
of learning, place of worship or hospital.
[Amended 4-28-1995 by L.L. No. 5-1995]
H.
The creation of loud and excessive noise in connection
with the loading or unloading of any vehicle, or the opening and destruction
of bales, crates and containers in such a manner as to create an unreasonable
or unnecessary noise of unreasonable extent and duration.
I.
The shouting and crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood.
J.
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.
The sounding of any horn or signal device on any vehicle,
except as a warning signal pursuant to the provisions of Subsection 1 of § 375
of the Vehicle and Traffic Law of the State of New York.
L.
Except as otherwise permitted herein, the use of any
sound device, loudspeaker or amplifier in such a manner that the sound is
projected directly therefrom outside of any building or out-of-doors, or the
use of any sound device, 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 wall or window. Nothing
herein contained shall be construed to prevent the operation of a sound device,
loudspeaker or amplifier used in a reasonable manner by any person within
any building or structure, provided that said sound device, loudspeaker or
amplifier is not so arranged that the sound is projected therefrom directly
outside of any building or out-of-doors.
M.
The creation of any loud or raucous noise or any noise
which causes public inconvenience or alarm or disturbs the public's peace,
comfort or tranquility.
[Amended 4-28-1995 by L.L. No. 5-1995]
It shall be unlawful for any person to use or operate, or cause to be
used or operated, any sound device apparatus in, on, near or adjacent to any
public street, park or place for commercial or business advertising purposes,
or for any person to operate or drive any automobile, truck or other vehicle
for commercial or business advertising by means of any sound device or apparatus.
The use of any trade, business or corporate name or the name of any person,
proprietor or vendor in such commercial or business advertising shall be presumptive
evidence that such advertising was conducted by that person, business or corporation.
The following sounds shall not be deemed to be a violation of this chapter:
A.
Sounds created by any government agency for a public
purpose.
[Amended 4-28-1995 by L.L. No. 5-1995]
B.
Sounds created by lawn mowers between the hours of 9:00
a.m. and 8:00 p.m., prevailing time, weekdays, and 10:00 a.m. and 8:00 p.m.,
prevailing time, Sundays.
C.
Sounds created by public utilities in carrying out operation
of their franchises pursuant to a permit issued by the Board of Trustees.
D.
Sounds connected with an authorized sporting event of
any public or private school, carnival, fair, exhibition, parade or similar
event, pursuant to a permit issued by the Board of Trustees. Use of loudspeakers
to publicize any such event is permitted pursuant to a permit issued by the
Board of Trustees. Any permit required herein for an event or loudspeaker
use must be obtained at least 48 hours prior to such event or use.
E.
Sounds on private property which do not carry beyond
the boundary lines of the property on which they are created.
F.
Use of loudspeakers not prohibited by § 92-3 above is permitted pursuant to a permit granted by the Board of Trustees under the following conditions:
[Amended 4-28-1995 by L.L. No. 5-1995]
(1)
Permit applications shall be made on forms prescribed
by the village and will be considered by the Board at regularly scheduled
meetings. Applications must be submitted to the Village Clerk at least 48
hours prior to the regularly scheduled Board meeting.
(2)
One permit only shall be exercised on a given day at
a particular time, and applications for a permit to be exercised at a particular
day and time will be considered by the Board on a first-come-first-served
basis.
(3)
A permit shall not be exercised for a period in excess
of two hours per day, which two-hour period shall be continuous.
(4)
A loudspeaker may be used only between the hours of 12:00
noon and 9:00 p.m.
(5)
Notwithstanding the above, no loudspeaker use shall be
permitted after 3:00 p.m. on Saturdays or Sundays.
(6)
The volume of any sound shall not be loud or raucous,
nor shall the volume be loud enough to be plainly audible so as to be disruptive
to normal activities within any residence, place of worship, school or hospital.
(7)
No vehicle equipped with a loudspeaker shall be stopped
for longer than two minutes at any time in any public right-of-way while the
loudspeaker is broadcasting.
(8)
No public street shall be obstructed.
(9)
No loudspeaker shall be operated unless the permit holder
is in attendance.
(10)
Notwithstanding conditions in Subsection F(2) through F(5), inclusive, a religious congregation may apply for and obtain one permit to use loudspeakers for weddings and funerals. Said permit may be exercised only on one tax parcel owned or leased by the congregation. Said permit shall be in the name of the congregation and shall expire after one year, at or prior to which time the congregation may apply for renewal.
A.
Any violation of any provision of this chapter or of
any term or provision of any permit issued hereunder shall be a violation
of this chapter and is an offense.
[Amended 4-28-1995 by L.L. No. 5-1995]
B.
Upon determination that a violation exists, an enforcement
officer shall serve a written notice of violation which orders the remedying
of the violation. Such order shall state the nature of the violation and the
provision or term violated, shall state that immediate compliance is required
and shall state that failure to comply may result in proceedings to compel
compliance and/or assess penalties. Such order shall be served personally
and if the violation is the result of sound caused by or emanating from private
real property, shall be served personally on the property owner or by certified
mail to the last known address of the property owner. If service is by certified
mail, then a copy of the notice of violation shall be posted at the property.
If a person served with a notice of violation fails to cease the violation
within 30 minutes after such service, then such failure shall be deemed a
separate and distinct violation. If such person fails to cease the violation
for an additional 15 minutes or longer after this initial 30 minute time period,
then each additional 15 minute time period shall be deemed a separate and
distinct violation.
C.
Any person convicted of a violation of this chapter shall,
for a first conviction thereof, be punished by a fine of not more than $250
or by imprisonment for not more than 15 days, or both; for a second such conviction
within six months thereafter, such person shall be punished by a fine of not
more than $400 or by imprisonment for not more than 15 days, or both; for
a third or subsequent conviction within six months after the first conviction,
such person shall be punished by a fine of not more than $500 or by imprisonment
for not more than 15 days, or both, for each such conviction.
D.
In addition to the above, any person who violates this
chapter shall, for a first violation, be liable to the village for a civil
penalty of not more than $250; for a second such violation within six months
thereafter, such person shall be liable for a civil penalty of not more than
$400; for a third or subsequent violation within six months after the first
violation, such person shall be liable for a civil penalty of not more than
$500 for each such violation. Where a violation of this chapter is caused
by or is projected from private real property, the owner of such property
shall also be liable to the village for said civil penalties. Said civil penalties
shall be recoverable in an administrative proceeding held by and before the
Board of Trustees pursuant to the following procedure:
[Amended 4-28-1995 by L.L. No. 5-1995]
(1)
Whenever a violation has not been remedied within the
time specified in the notice of violation, the enforcement officer may issue
an order to show cause before the Board of Trustees why such penalties should
not be imposed.
(2)
Service of order to show cause.
(a)
Such order to show cause shall be served personally;
or by mailing a copy of such order by certified mail to the property owner,
to the owner's last known address as shown by the records of the village
and by posting a copy of such order on said premises.
(b)
Where practical, a copy of such order may be served personally
on the residents of the premises. Such personal service on the residents shall
not be a substitute for the service otherwise required, nor shall the failure
to provide such personal service invalidate any proceedings pursuant to this
chapter.
(c)
A copy of said order may be filed in the County Clerk's
Office, which order shall be filed in the same manner as a notice of pendency
pursuant to Article 65 of the Civil Practice Law and rules and shall have
the same effect as a notice of pendency as therein provided. An order so filed
shall be effective for a period of one year from the date of filing. It may
be terminated upon an order of a Judge or Justice of a court of record or
upon the written consent of the attorney for the village. The County Clerk
shall mark the order to show cause and any record or docket thereof as canceled
of record upon the presentation and filing and a certified copy of such judicial
order or of such consent.
(3)
Content of order. Said order to show cause shall state
the nature of the violation; the provision or term violated; and the date,
time and place for a hearing before the Board of Trustees. The hearing shall
be set for a date not less than seven days after the date the order to show
cause is mailed.
(4)
Conduct of hearing.
(a)
The Board of Trustees shall conduct a hearing at the
date, time and place specified in the order to show cause. The hearing may
be adjourned from time to time and shall continue until interested persons
subject to the order to show cause are heard. No formal rules of evidence
shall apply nor shall a stenographic transcript be required.
(b)
Any person subject to the order to show cause may be
represented by an attorney and shall have the right to present evidence and
examine witnesses to show why penalties should not be assessed.
(c)
After the hearing is closed, the Board of Trustees shall
make findings of fact and a final determination. Such determination shall
indicate the basis and reason for the decision, shall state the dollar amount
of any civil monetary penalty imposed and shall be supported by substantial
evidence.
(d)
In the event that a civil monetary penalty is imposed,
that penalty plus the costs to the village of the proceeding, including but
not limited to attorneys' fees and administrative costs, shall be immediately
due and payable.
(e)
The final determination of the Board of Trustees may
be reviewed in a proceeding pursuant to Article 78 of the Civil Practice Law
and Rules, provided that such proceeding is commenced within 30 days of the
filing of the final determination in the Village Clerk's office. Judicial
review shall not stay payment of any civil monetary payment and costs imposed.
(5)
Assessment of civil monetary penalties and costs. Where
a violation is caused by or is projected from private real property and the
owner of such property is subject to the order for show cause, all civil monetary
penalties imposed against the owner and costs incurred by the village in connection
with the administrative proceeding against the owner, if unpaid, shall be
a lien on the real property and shall be assessed against such property, together
with 9% interest per annum, and shall be levied and collected in the same
manner as real property taxes.
E.
Any person determined by the Board of Trustees or a court
of competent jurisdiction to have violated any provision of this chapter by
conduct for which a permit issued by the Board of Trustees is required shall
be just cause to prohibit issuance of such a permit for a period of six months
after the determination of the violation.
[Added 4-28-1995 by L.L. No. 5-1995]
[Amended 4-28-1995 by L.L. No. 5-1995]
A.
This chapter shall be administered by the Village Clerk
and by any other person appointed by resolution of the Board of Trustees and
shall be enforced by the Code Enforcement Officer, any village constable and
the New York State police.
B.
All enforcement officers are hereby authorized
to issue notices of violation and appearance tickets to secure enforcement
of this chapter. A village constable, in addition to or in lieu of issuance
of a notice of violation, is authorized to arrest a person who commits a violation
of this chapter.
