Village of Highland Falls, NY Chapter 143 Noise

[HISTORY: Adopted by the Board of Trustees of the Village of Highland Falls 8-10-1971 by L.L. No. 5-1971 as Ch. 77 of the 1971 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Animals — See Ch. 53.

Excavations — See Ch. 85.

Explosives — See Ch. 89.

Vehicles and traffic — See Ch. 108.

Jukeboxes and live entertainment — See Ch. 126.

Peace and good order — See Ch. 152.

Peddling and soliciting — See Ch. 155.

§ 143-1 Unnecessary noise unlawful.

[Amended 10-4-2000 by L.L. No. 4-2000]

It shall be unlawful to make, create, cause, suffer, encourage or permit to be made any unnecessary, loud, prolonged or disturbing noise within the limits of the Village of Highland Falls. Where the source of any such unlawful noise is located on private property, then the owner of that property shall also be subject to the penalties of this chapter. For the purposes of this chapter, "unnecessary" noise is any sound which is not required under normal circumstances.

§ 143-2 Enumeration of unnecessary noises.

The following are declared to be unnecessary and disturbing noises and a violation of this chapter, but this enumeration shall not be deemed to be exclusive:

A. The sounding of any horn or signal device on any premises, within any building or on any automobile, motorcycle, bus or other vehicle, except as a necessary warning or danger signal.

B. The playing, using, operating, permitting, suffering or allowing to be played, used or operated any radio, television set, recorder, phonograph or any other machine or device for the producing or reproducing of sound in such manner as to be plainly audible inside any residence, dwelling unit, school or building to those who are not voluntary listeners thereto or of any time such that the sound is heard outside of the place, room, vehicle or chamber in which such machine or device is played or operated. Further, the playing or operation of any such machine or device in such manner as to be plainly audible within any residence between the hours of 11:00 p.m. and 8:00 a.m. shall be prima facie evidence of a violation of this section.

[Amended 10-4-2000 by L.L. No. 4-2000]

C. The use of any drum, band, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any rally, performance, show, carnival, fair or the sale of either real or personal property, except when permission has been granted by the Village or some authorized person or committee acting under its authority. This shall not be construed to prevent or limit religious, nonsubversive political or patriotic activities if conducted between the hours of sunrise and sunset, except insofar as the same may be limited by Subsection G hereof.

D. The use, operation or running of any automobile, motorcycle, mechanical equipment or vehicle so out of repair or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise, whether upon the streets or highways or adjacent thereto.

E. The blowing of any steam whistle attached to any boiler, except to give notice of the time to begin or stop work or as a warning or danger signal.

F. The discharge into the open air of the exhaust of any motor vehicle or engine, except through a muffler which effectively prevents loud, explosive noises therefrom, or discharging any pistol, gun, firearm, weapon or explosive.[1]

[1] Editor's Note: See Ch. 89, Explosives.

G. The creation of any excessive or unnecessary noise on any street or grounds adjacent thereto within 500 feet of any school, place of worship, public meeting or court, while the same is in session, or any hospital, rest home or sanitarium at any time, which interferes with the orderly, quiet and effective conduct and operation of the same.

H. The erection (including excavating), demolition, alteration or repair of any building other than between the hours of sunrise and sunset Monday through Saturday, Sundays excepted in cases of urgent necessity or in the interest of public safety, and in such cases only under a permit from the Building Inspector.[2]

[2] Editor's Note: See Ch. 85, Excavations.

I. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.[3]

[3] Editor's Note: See Ch. 155, Peddling and soliciting.

J. The keeping or having possession of any animal or bird which emits or issues any noise, bark, bray, bellow, cry or sound that disturbs the quiet, comfort or repose of any person in the vicinity.[4]

[4] Editor's Note: See Ch. 53, Animals.

§ 143-3 Property owner's liability.

[Added 10-4-2000 by L.L. No. 4-2000]

The owner of property upon which unlawful sound is generated is also deemed responsible for any such sound, whether or not such owner caused the sound, and is subject to the provisions of this chapter, including the penalties herein.

§ 143-4 Exceptions.

[Added 10-4-2000 by L.L. No. 4-2000]

The provisions of this chapter shall not apply to the following sounds:

A. Sounds created by church bells or chimes.

B. Sounds created by any government agency by use of public warning devices.

C. Sounds created by public utilities in carrying out the reasonable operation of their franchises.

D. Sounds connected with sporting events of a school or connected with a properly authorized and permitted carnival, fair, exhibition, parade or other similar public assembly.

E. Sounds generated on private property which do not carry beyond the boundary lines of the property upon which they are generated or, in the case of a two-family or multiple-residence building, sounds which do not carry beyond the walls of the dwelling unit in which the sounds are generated.

F. Sounds from loudspeakers used in connection with voter registration projects or election campaigns; provided, however, that such loud speaker use shall be limited to 30 days prior to an election and between the hours of 9:00 a.m. and 8:00 p.m. only.

§ 143-5 Enforcement.

[Added 10-4-2000 by L.L. No. 4-2000]

A. This chapter shall be enforced by the Police Department, Building Inspector, Code Enforcement Officer and any other officer appointed by resolution of the Board of Trustees. All enforcement officers are authorized to issue violation notices and appearance tickets.

B. If a person is served with a violation notice or appearance ticket charging the violation of this chapter and that person fails to cease the violation immediately, then such failure shall be deemed a separate and distinct violation.

§ 143-6 Penalties for offenses.

[Amended 4-1-1998 by L.L. No. 1-1998; 10-4-2000 by L.L. No. 4-2000]

A. Any person convicted of a violation of any provision of this chapter, for a first conviction thereof, shall be guilty of a violation and shall be subject to a fine not to exceed $250 for each violation or a maximum of 15 days' imprisonment, or both such fine and imprisonment; for a second such conviction within six months thereafter, such person shall be guilty of a violation and shall be subject to a fine not to exceed $400 or a maximum of 15 days' imprisonment, or both; for a third and each subsequent conviction within six months after the first conviction, such person shall be guilty of a violation and shall be subject to a fine not to exceed $500 or a maximum of 15 days' imprisonment, or both, for each such conviction.

B. Each day that a violation of this chapter occurs or continues shall constitute a separate and distinct violation.

§ 143-7 Severability.

[Added 10-4-2000 by L.L. No. 4-2000]

If any word, phrase or provision or part of this chapter is declared invalid, the same shall be severed and separated from the remainder of this chapter, and said remainder shall continue in full force and effect.