[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.]
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 unreasonable noise or disturbance during
the operation of a motor vehicle, including but not limited to, generating
excessive or unreasonable noise from the vehicle's exhaust system,
or operating the vehicle in such a manner as to cause excessive squealing
or other excessive noise of the tires.
[Amended 4-4-2023]
(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.
