[HISTORY: Adopted by the Common Council of the City of Rensselaer 7-20-1994 by L.L. No.
2-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise by dogs — See Ch. 89.
[1]
Editor's Note: This local law also superseded former Ch. 131,
Noise, adopted 7-7-1993 by L.L. No. 3-1993.
[Amended 6-16-2021 by L.L. No. 4-2022]
A.
It shall be unlawful for any person within the City of Rensselaer
to make, continue or cause to be made or continued any loud, unnecessary
or unusual noise which either annoys, disturbs or endangers the comfort,
repose, health, peace or safety of others within the limits of the
City.
B.
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this section:
(1)
Vehicles: horns, signaling devices, car radios, tape players, compact
disc players, amplifiers and loud speakers; the sounding of any horn
or signaling device on any automobile, motorcycle or any other vehicle
on any street or public place in the City, except as a danger warning;
the creation by means of any such signaling device of any unreasonably
loud or harsh sound, the sounding of any such device for any unnecessary
and unreasonable period of time, the use of any horn, whistle or other
device operated by engine exhaust and the use of any such signaling
device when traffic is for any reason held up; and the playing, using,
operating or permitting to be played, used or operated of any radio,
tape player, compact disc player, amplifier, loud speaker or other
machine or device for the producing or reproducing of any sound which
is cast upon the public streets, sidewalks, parks, plaza or any other
public areas of the City. Authorized emergency vehicles may use warning
sounds. Weddings, parades and other organized events which customarily
use motor vehicles and sound their horns during the event are exempt
from the operation of this chapter.
(a)
No person shall use compression brakes while operating a motor
vehicle upon any street where signs prohibit the use of compression
brakes, except as such use is necessary in an emergency.
(b)
COMPRESSION BRAKES
EMERGENCY
Definitions. As used in this section, the following terms shall
have the meanings indicated:
A device which, when manually activated, retards the forward
motion of a motor vehicle by the direct and sole use of the compression
of the engine of the vehicle.
Contemplates that an immediate stoppage or slowing of the
vehicle is necessary in order to prevent injury to persons or damage
to property or to remedy an injury that has already occurred, and
that friction brakes are either not available or would not have been
as effective in bringing the vehicle to a stop or slowing it down.
(c)
This subsection shall not apply to vehicles of a municipal fire
department, whether or not responding to an emergency, participating
in an exercise in emergency management, or rendering assistance under
a mutual aid agreement.
(2)
Engine exhausts: the discharge into the open air within the City
of the exhaust of any steam engine, gasoline engine, stationary internal-combustion
engine or any other type of engine, motorboat or motor vehicle, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(3)
The construction or repairing of buildings: the creation of noise
associated with an excavation, demolition, alteration or repair of
any building within the City other than between the hours of 6:00
a.m. and 9:00 p.m. except in the case of urgent necessity in the interest
of public health and safety, and then only with a permit from the
Building Inspector, which permit may be renewed for periods of three
days while the emergency continues.
(4)
Loudspeakers, amplifiers, paging systems, portable radios, portable
tape and compact disc players and sound on the streets: the playing,
using or operating of or permitting to be played, used or operated
any radio receiver, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing
of any sound which is cast upon the public streets, sidewalks, parks,
plaza areas or any public areas of the City. Practice sessions by
school bands are exempt from the operation of this chapter.
(5)
Radios and phonographs, use on private property. Playing, using,
operating or permitting to be played, used or operated any radio receiving
set, musical instrument, phonograph, tape or compact disc player,
television receiving set or other machine or device for the producing
or reproducing of sound, including but not limited to machines or
devices in motor vehicles, is prohibited if such sound is loud enough
to disturb the peace and quiet of any neighborhood or that causes
discomfort or annoyance to any reasonable person of normal sensitiveness
residing in the area.
(6)
Yelling and shouting: yelling, shouting, hooting or singing on the
public streets of the City or at any time or place so as to annoy
the peace, quiet, comfort or repose of persons in any office or in
any dwelling or any other type of residence or of persons within the
vicinity, within the limits of the City.
(7)
Animals. No person shall keep, permit or maintain any animal under
his control that causes unreasonable or unnecessary noise by continued
barking, howling or other animal noises.
A.
It shall be unlawful for any person to willfully make or continue
or cause to be made or continued any loud or unnecessary or unusual
noises hereinabove defined which disturb the peace and quiet of any
neighborhood or which cause discomfort or annoyance to any reasonable
person of normal sensitiveness residing in the area.
B.
The standard which may be considered in determining whether a violation
of the provisions of this section exists may include but not be limited
to the following:
(1)
The level of the noise.
(2)
Whether the nature of the noise is usual or unusual.
(3)
Whether the origin of the noise is natural or unnatural.
(4)
The level and intensity of the background noise, if any.
(5)
The proximity of the noise to residential sleeping facilities.
(6)
The nature and zoning of the area within which the noise emanates.
(7)
The density of the inhabitation of the area within which the noise
emanates.
(8)
The time of the day and night the noise occurs.
(9)
The duration of the noise.
(10)
Whether the noise is recurrent, intermittent or constant.
Any person, firm or corporation violating any provision of this
chapter shall be fined not less than $50 nor more than $500 for each
offense, and a separate offense shall be deemed committed on each
day during or on which a violation occurs or continues. The Police
Department may, in its discretion, confiscate the offending device
at the scene of the offense, and the return of said device shall be
in the sound discretion of the court.
