[HISTORY: Adopted by the Board of Trustees
of the Village of Rouses Point 10-6-2008 by L.L. No. 3-2008.
Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 60.
This chapter provides for the control of excessive,
unnecessary and unreasonable noise in order to protect and promote
public health, safety and welfare and to foster peace, quiet, convenience
and comfort of its inhabitants within the Village of Rouses Point
for the quality of life and prosperity of the residents of the Village
of Rouses Point.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
Any structure located within industrial and commercial districts.
The person who has the right to occupy property owned by
another for a period of at least 30 consecutive days in consideration
for the payment of rent, whether or not such right of occupancy is
granted by written lease or instrument.
A building containing two or more dwellings, including duplexes,
triplexes and townhouses.
Those areas designated as C1, C2, C3, C4, C5, C6, C7, M1,
M2, M3, I1, I2, and I3, under the Village of Rouses Point Zoning Ordinance[1] as of the date of the alleged violation.
The person who has record title to the property.
Any individual, association, partnership or corporation.
Any highway, street, sidewalk, public park, public playground
or Village-owned building.
Those areas designated R7, R9, R10, R12A, R12B, and R40,
under the Village of Rouses Point Zoning Ordinance as of the date
of the alleged violation.
The following persons shall be responsible for
a violation of this chapter:
A.
The owner, or person making the noise or operating
the equipment or device that makes the noise.
B.
The owner or lessee of premises which is the source
of noise, provided that the lessee, or an employee or agent of an
owner or lessee, is present on that part of the premises where the
noise is produced when the noise violation occurs.
It shall be a violation of this chapter to make
unreasonable noise. The following factors may be considered in determining
whether noise is unreasonable at the time and under the circumstance
it is made:
A.
The volume, intensity and duration of the noise.
B.
Whether the noise is normally associated with the
permitted use of property in the zoning district where the noise is
created.
C.
The ambient or background noise in the area where
noise is created.
D.
The time of day the noise occurs.
E.
Whether the noise occurs at a time when residents
in the vicinity are likely to be sleeping.
F.
Whether the noise occurs in the vicinity of a school,
court, house of worship, public library, hospital or nursing home
and disturbs persons using or residing in such facilities.
G.
Whether the person making the noise, or the owner
or occupant of the property or dwelling where the noise occurs, has
received prior complaints or notice about noise from the property
or dwelling and how he/she has responded.
H.
Whether there are reasonable measures the person making
the noise could have taken to make the noise not unreasonable.
I.
Sound levels that exceed 61 dB(A) in residential districts.
It shall be a violation of this chapter to:
A.
Operate, play or permit the operation or playing of
any radio, television, phonograph, tape recorder, sound amplifier,
musical instrument or similar device which produces, reproduces or
amplifies sound:
(1)
In a residential district, if the sound is plainly
audible at the boundary of the property on which the sound is produced.
(2)
In a dwelling unit in a multiple-family dwelling,
at a volume where the sound is plainly audible in other dwellings
in the building.
(3)
In a motor vehicle on a public right-of-way or public
space in such a manner that sound is plainly audible at a distance
of 50 feet from the source of sound.
B.
Yell, shout, hoot, whistle or sing on any public place
within residential districts of the Village of Rouses Point so as
to annoy or disturb the peace, quiet, comfort or repose of a reasonable
person of normal sensitivity.
C.
Operate machinery or equipment in a residential dwelling
or garage that makes noise that is plainly audible at the boundary
of the property or in an adjoining dwelling unit in a multifamily
dwelling, except that noise made in connection with the repairs or
improvements to the dwelling unit shall not constitute a violation
of this chapter.
D.
Operate any tools or equipment used in construction,
drilling, excavation or demolition work in the evening hours in a
residential district.
E.
Operate a motor vehicle on public streets, which is
not equipped with a muffler or other device which effectively prevents
the discharge of loud or explosive noises.
F.
Operate a motor vehicle on public streets in such
a manner that the tires of the vehicle emit unnecessary noise.
G.
The noise caused by a domestic animal's barking, howling,
whining or screeching that continues for more than 15 minutes and
which is plainly audible at the boundary of the property or dwelling
unit in a multifamily dwelling.
This chapter shall not apply to noise or sounds
caused by the following:
A.
Church bells, fire alarms, horns, sirens of trains
and authorized emergency vehicles.
B.
Parades, concerts or other public gatherings for which
a permit has been issued under this chapter or any other local law
of the Village of Rouses Point, or which has been authorized to be
held by resolution of the Village Board of the Village of Rouses Point.
C.
Noncommercial public speaking and public assembly
activities conducted in any public place.
D.
The use of domestic power tools for property repair
or improvements, lawnmowers and other lawn maintenance tools.
E.
The use of snow removal equipment at any time.
F.
Persons in nonresidential zones operating their businesses
in a normal fashion.
Any person violating this chapter shall have
committed an offense and shall be subject to a fine of not more than
$250. Persons committing a subsequent offense within 12 months of
the date of a prior conviction shall be subject to a fine of $500.
A separate offense shall be deemed committed on each day during which
violation occurs or continues.
This chapter may be enforced by any officer
of the Village of Rouses Point Police Department, the Clinton County
Sheriff's Department, the New York State Police, or the Code Enforcement
Office of the Village of Rouses Point.
