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City of Middletown, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Middletown 7-13-1998[1] (Ch. 58 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 152.
Animals — See Ch. 161.
Curfew — See Ch. 216.
Entertainment — See Ch. 240.
[1]
Editor's Note: This ordinance also repealed original Ch. 58, Noise, adopted 11-13-1984.
The making and creating of disturbing, excessive, or offensive noises within the jurisdictional limits of the City is a condition which has persisted, and the level and frequency of occurrences of such noises continue to increase. These noise levels are a detriment to the public health, comfort, convenience, safety, and welfare of the citizens of the City of Middletown and affect their life, health and enjoyment of property. Every person is entitled to an environment in which disturbing, excessive, or offensive noise is not present. This chapter is to be construed liberally but it is not intended to be construed so as to discourage the enjoyment by residents of normal, reasonable and usual activities.
A. 
No person, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, shall cause, suffer, allow or permit to be made unreasonable noise. For the purpose of this chapter, "unreasonable noise" is defined as any disturbing, excessive, or offensive sound that disturbs a reasonable person of normal sensitivities.
B. 
The following acts are declared to be prima facie evidence of a violation of this chapter. This enumeration shall not be deemed exclusive.
(1) 
Any unnecessary noise from any source between the hours of 11:00 p.m. and 7:00 a.m. the following day.
(2) 
Noise from a dog or other pet animal that is continuous and exceeds 15 minutes.
(3) 
Noise from a burglar alarm or other alarm system of any building, motor vehicle, or boat which is continuous and exceeds 15 minutes.
(4) 
Noise from any sound reproduction system, operating or playing any radio, portable radio or tape player, television, tape deck or similar device that reproduces or amplifies sound in such a manner as to be heard 60 feet from its source, or over any property line.
(5) 
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 case of public safety and emergency situations.
(6) 
The operation of power equipment in residential zones outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following day and on weekends between 10:00 p.m. and 8:00 a.m.
(7) 
The sounding of any horn or signaling device of an automobile, motorcycle or other vehicle for any unnecessary or unreasonable period of time.
(8) 
The making of improper noise or disturbance or operating an automobile or motorcycle in such a manner as to cause excessive squealing or other excessive noise of the tires.
(9) 
Offering for sale anything by shouting or outcrying upon the public streets and sidewalks.
The provisions of this chapter shall not apply to the following acts:
A. 
The emission of sound for the purpose of alerting persons to the existence of an emergency.
B. 
Noise from municipally sponsored celebrations or events.
C. 
Noise from individually sponsored events where a permit for public assembly or other relevant permission has been obtained from the Common Council.
D. 
The operation or use of any organ, radio, bell, chimes or other instrument, apparatus, or device by any church, synagogue, or school licensed or chartered by the State of New York, provided that such operation or use does not occur between the hours of 10:00 p.m. and 7:00 a.m.
E. 
Noise generated by the installation and maintenance of utilities.
[Amended 11-15-2010]
Any person who violates any provision of this chapter shall be guilty of a violation and shall be subject to a fine not to exceed $250 for each offense or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense. The City may also seek injunctive relief to prevent the continued violation of this chapter.