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.
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.