[HISTORY: Adopted by the Town Board of the Town of Mamakating at
time of adoption of Code 10-4-1990 by L.L. No.
7-1990; see Ch. 1, General Provisions, Art. I. Amendments noted where
applicable.]
For the purpose of this chapter, the terms used herein are defined as
follows:
One-tenth of a bel, and a unit of a level when the base of a logarithm
is the 10th root of 10 and the quantities concerned are proportioned to power.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
That which is not required by the usual circumstances.
[Amended 2-7-1991 by L.L. No. 1-1991]
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 or phonograph 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, shall disturb 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 a 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 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, including excavation, demolition, alteration
or repair, of any building other than between 7:00 a.m. and 9:00 p.m., except
in the case of urgent necessity in the interest of public safety as determined
by the Code Enforcement Officer or other applicable laws in the Code of the
Town of Mamakating.
G.
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
street indicating that the same is a school, hospital or court street.
H.
The creation of a loud and excessive noise in connection
with the loading or unloading of any vehicle or the opening and destruction
of bales, boxes, 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,
motorcycle, bus or other device, except as a warning signal, pursuant to the
provisions of Subdivision 1 of § 375 of the Vehicle and Traffic
Law of the State of New York.
L.
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 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 said radio apparatus
or talking machine or loudspeaker is not so arranged that such loudspeaker
shall project the sound therefrom directly outside of any building or out
of doors.
M.
The creation of any noise which causes public inconvenience
or alarm or disturbs the public's peace, comfort or tranquillity.
N.
The creation of any noise which exceeds 75 decibels at
the adjoining property line.
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
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 church bells or chimes.
B.
Sounds created by any government agency by the use of
public warning devices.
C.
Sounds created by lawn mowers between the hours of 8:00
a.m. and 9:00 p.m. weekdays and 10:00 a.m. and 9:00 p.m. Sundays.
D.
Sounds created by public utilities in carrying out the
operation of their franchises.
E.
Sounds connected with sporting events of any public or
private school or authorized carnival, fair, exhibition, parade, etc., allowed
by permit of the Town Board.
F.
Sounds on private property which do not carry beyond
the boundary lines of the property on which they are created.
G.
Use of loudspeakers in connection with voter registration
projects and, within 30 days prior to an election, the use of loudspeakers
in connection with election campaigns between 9:00 a.m. and 8:00 p.m., prevailing
time.
H.
Between the hours of 6:00 a.m. and 9:00 p.m., sounds
created in the exercise of any trade, industry, business or employment, provided
that it is not conducted in such a manner as to create any unreasonable or
unnecessary noise of an unreasonable extent and duration.
