This chapter shall be known and may be cited as the "Village
of Monticello Noise Law."
The Village Board finds that unreasonable noises, as that term
is defined herein, degrade the environment of the Village to a degree
which is harmful and detrimental to the public health, safety and
welfare of its inhabitants. Such noises interfere with the comfortable
enjoyment of life, property and recreation and with the conduct and
operation of business and industry. Effective control and elimination
of unreasonable noises is essential to the furtherance of the public
health, safety and welfare of the Village's inhabitants and to
the conduct of the normal pursuits of life, recreation, commerce and
industrial activity.
Unless the context otherwise clearly indicates, the words and
phrases used in this chapter are defined as follows:
EMERGENCY WORK
Work made necessary to restore property to a safe condition
following a public calamity or work necessary to protect persons or
property from an imminent exposure to danger.
IMPULSIVE SOUND
A sound of short duration, usually less than one second,
and of high intensity, with an abrupt onset and rapid decay.
NOISE
Any sound created or caused to be created by any person,
animal, equipment or machinery that causes public annoyance or alarm.
PERSON
Includes the singular and plural and also any individual;
any property owner and/or lessee; any firm; a corporation; a political
subdivision; a government agency, including any agency of the Village
of Monticello; an association or an organization, including but not
limited to officers, directors, employees, agents and/or independent
contractors thereof; or any legal entity whatsoever.
SOUND-AMPLIFYING EQUIPMENT
Any machine or device for the amplification of the human
voice, instrumental music or any other sound. Sound-amplifying equipment
shall not include warning devices on authorized emergency vehicles
or horns or other warning devices on any vehicle or construction equipment
used only for traffic safety purposes or authorized fire horns or
other authorized emergency alarms.
VILLAGE
Village of Monticello, Sullivan County, New York.
This section contains a list of specific acts constituting unreasonable noise. The provisions of this section complement and supplement §
185-4 hereof and are in addition to and not in lieu of that section. This list is not exclusive, and any noise that meets the criteria set forth in §
185-4 may be deemed to be a violation of this chapter. Notwithstanding, a permit may be issued in accordance with this chapter to conditionally allow noise that may otherwise constitute an unreasonable noise.
A. The use of any sound-amplifying equipment or musical instrument outside
a structure either on private property or on a public right-of-way
or public space at any time within the Village which, by causing noise,
annoys or disturbs the quiet, comfort or repose of a reasonable person
of normal sensitivities.
B. The use of any sound-amplifying equipment or musical instrument inside
a structure in such a manner as to result in the sound or any part
thereof from such apparatus to be projected therefrom outside of the
structure or out-of-doors at any time whereby the sound can be audibly
heard more than 100 feet from the real property boundary line from
which the noise emanates which would annoy or disturb the quiet, comfort
or repose of a reasonable person of normal sensitivities.
C. The use of any sound-amplifying equipment or musical instrument within
500 feet of any school, religious facility, hospital, clinic or courthouse
while the same is in session or conducting business therein so as
to interfere with the functions of such activities.
D. The use of any motor vehicle, including any automobile, motorcycle,
trail bike, mini-bike, snowmobile, bus, vehicle, truck, all-terrain
vehicle, motor-driven equipment or motor-driven vehicle, or water-going
vessel, boating and watercraft, hereof, in such a manner as to create
noise which would annoy or disturb a reasonable person with normal
sensitivities or if it injures or endangers the comfort, repose, health,
hearing, peace or safety of another person.
E. The sounding
of any horn, alarm or signal device on any automobile, motorcycle,
bus, truck or other vehicle or water-going vessel, boating and watercraft,
hereof, except as a warning signal such as provided by New York State
Vehicle and Traffic Law Article 9, § 375(1)(a).
[Amended 4-21-2021 by L.L. No. 4-2021]
F. Repeated or continuous yelling or shouting on or open to the public
space or public right-of-way that either annoys or disturbs a reasonable
person with normal sensitivities or if it injures or endangers the
comfort, repose, health, hearing, peace or safety of another person.
G. Construction activity.
(1) Except as provided for in this section, no person shall engage in
the erection, construction (including excavating), grading, dredging
or pneumatic hammering, demolition, alteration or repair of any building
or structure other than on weekdays between the hours of 7:00 a.m.
and 6:00 p.m. or on Saturdays, Sundays or holidays between the hours
of 10:00 a.m. and 4:00 p.m.
(2) Any person desiring to engage in construction activity beyond the stated hours of limitation, based upon cases of urgent necessity or in the interests of public health, safety and convenience, may request the Building Department for authorization allowing such activity. The request shall include all of the information required by §
185-7D(1)(a) through
(e).
(3) No permit fee shall be charged. The authorization, if granted, shall be limited to a period of up to three days' duration but, at the sole discretion of the Code Enforcement Officer, may be renewed for additional periods of up to three days each, to a maximum of 15 days, if the emergency or need continues. The Building Department shall keep written records of all requests and their disposition. Permittees seeking more than a fifteen-day total period must make application to the Village Clerk in accordance with §
185-7E and pay the required permit fee.
H. Operation of machinery.
(1) It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined and described in §§
185-4 and
185-5 of this chapter. In making such determination with respect to the matters governed by this section, additional factors to be considered shall include:
(a)
The necessity or purpose of the work being done; and
(b)
The ability of the creator of the noise to minimize or reduce
the amount of noise created or to otherwise minimize its adverse effects.
(2) The operation of gasoline, electric or diesel power equipment or
machinery in residential zones outdoors or covered structures with
large openings, such as a carport or a garage with the garage door
open, between the hours of 9:30 p.m. and 7:00 a.m. the following day,
and on weekends between 9:30 p.m. and 8:00 a.m. the following day,
is declared to be prima facie evidence of violation of this chapter.
I. Nothing contained in this section shall be construed to prevent the issuance of a permit pursuant to §
185-7 that will authorize particular sound sources.
[Amended 3-17-2021 by L.L. No. 1-2021]
Any person who violates any provision of this chapter shall be deemed guilty of an offense and, upon conviction thereof, shall be subject to the penalties provided in Article
III, General Penalty, of Chapter
1 of the Code of the Village of Monticello. Each day that a violation shall continue shall constitute a separate offense.