[HISTORY: Adopted by the Common Council of the City of Gloversville 7-28-1987 by L.L. No. 12-1987; amended in its entirety 9-23-1997 by L.L. No. 8-1997. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 3.
Peace and good order — See Ch. 198.
The Common Council of the City of Gloversville finds that the public interest is served by the prevention of unreasonable noise. The provisions of this chapter are enacted for the purpose of preserving and protecting the public health, safety and welfare and shall be liberally construed to effectuate the purpose. Nothing in this chapter shall be construed to abridge the emergency powers of any city department or the right of such department to engage in any necessary or proper activity. Furthermore, nothing herein shall abridge or circumvent the powers and responsibilities of any police department or law enforcement agency to enforce the provisions of § 240.20 of the Penal Law of the State of New York or the provisions of any other applicable law.
It shall be unlawful for any person to make any unreasonable noise within the boundaries of the City of Gloversville. For purposes of this chapter, "unreasonable noise" shall mean any noise which is of such character that a reasonable person of normal sensitivities would not tolerate under the circumstances or is detrimental to the life or welfare of any individual or causes a risk of public inconvenience or alarm.
The standards which may be considered in determining whether a violation of this chapter exists may include but not be limited to the following:
A. 
The level or volume of the noise.
B. 
The time of day or night the noise occurs.
C. 
The duration of the noise.
D. 
Whether the noise is recurrent, intermittent or constant.
E. 
Whether the making of the noise is reasonably necessary for the protection or preservation of property or of the health, safety and welfare of a person or persons.
F. 
Whether the noise is reasonably necessary for temporary building or construction operations.
G. 
Whether reasonable methods are available for deadening or muffling the noise.
H. 
The proximity of the noise to residential property or property customarily used by persons for sleeping.
I. 
The proximity of the noise to hospitals.
J. 
The proximity of the noise to schools during school hours.
In addition to and not in limitation of the standards enumerated in § 182-3, the following acts are deemed to be in violation of this chapter and to constitute unreasonable noise:
A. 
The conducting of any building or construction operations between the hours of 11:00 p.m. and 7:00 a.m., except when necessary in an emergency to protect or preserve property.
B. 
In any residential or nonresidential zoning district, the use of any device or apparatus for the amplification of sound between the hours of 11:00 p.m. and 7:00 a.m., either outdoors or inside a building or structure so as to allow the amplified sound from such apparatus to be clearly and distinctly heard outside such building or structure.
[Amended 6-27-2006 by Ord. No. 4-2006]
C. 
In any nonresidential zoning district, the playing of any music from whatever source, acoustical, electric or other, between the hours of 12:00 midnight and 8:00 a.m., Monday through Friday, either outdoors or inside a building or structure so as to allow the music to be clearly and distinctly heard outside such building or structure.
D. 
In any nonresidential zoning district, the playing of any music from whatever source, acoustical, electric or other, between the hours of 1:00 a.m. and 8:00 a.m., Saturday and Sunday, either outdoors or inside a building or structure so as to allow the music to be clearly and distinctly heard outside such building or structure.
A. 
It shall be the duty of the Police Department of the City of Gloversville to enforce the provisions of this chapter.
B. 
Any person violating any of the provisions of this chapter shall first be issued a warning of violation by any police officer or other person authorized hereunder who shall require that the violation immediately cease. Such warning may be either verbal or written. If after such warning the person shall not comply, they shall be subject to the penalties provided in § 182-6.
C. 
In addition to and not in limitation of any power otherwise granted by law, the Police Department is hereby authorized to issue appearance tickets for violations of this chapter.
Any person violating any of the provisions of this chapter as defined herein shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment not exceeding more than 15 days, or by both.