[HISTORY: Adopted by the Board of Trustees of the Village of Kinderhook 1-14-1998 by L.L. No. 1-1998 (Ch. 62 of the 1978 Code). Amendments noted where applicable.]
It is found and declared that:
A. 
The making and creation of loud, unnecessary or unusual noises within the limits of the Village of Kinderhook is a condition which has existed for some time.
B. 
The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises, which are prolonged, unusual and unnatural in their time, place and use, affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the Village of Kinderhook.
C. 
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Village of Kinderhook and its inhabitants.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
As used in this chapter, the term "noise" shall be defined as any sounds of such level and duration as to be or tend to be injurious to human health or welfare or which would unreasonably interfere with the enjoyment of life or property throughout the Village.
B. 
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary, unnatural or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Village.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The following acts, among others, are declared to be loud, unnecessary, unnatural or unusual noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive:
A. 
Horns, signaling devices, etc.: the sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the Village, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound, and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device, except one operated by hand or electricity; 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.
B. 
Radios, phonographs, etc.: the using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
C. 
Loudspeakers and amplifiers for advertising: the using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure, unless approved as part of an application for a peddler's permit.
D. 
Yelling, shouting, etc.: yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
E. 
Animals, birds, etc.: the keeping of any animals or birds which by causing frequent or long-continued noise shall disturb the comfort or repose of any persons in the vicinity.
F. 
Exhausts: the discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
G. 
Defect in vehicle or load: the use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise.
H. 
Loading, unloading and opening boxes: the creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
I. 
Construction or repairing of buildings: the erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 9:00 p.m., except in case of urgent necessity in the interest of the public health and safety and then only with a permit from the Code Enforcement Officer, which permit may be granted for a period not to exceed three days or less while the emergency continues, and which permit may be renewed for periods of three days or less while the emergency continues. If the Code Enforcement Officer should determine that the public health and safety will not be impaired by the erection, demolition or alteration or repair of any building or the excavation of streets and highways within the hours of 9:00 p.m. and 7:00 a.m., and if the Officer shall further determine that loss or inconvenience would result to any party in interest, the Officer may grant permission for such work to be done within the hours of 9:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work.
J. 
Schools, courts and churches: the creation of any excessive noise on any street adjacent to any school, church or court while the same are in use which unreasonably interferes with the workings of such institution, provided that conspicuous signs are displayed in such streets indicating that located thereon is a school, church or court.
K. 
Hawkers and peddlers: the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
L. 
Drums: the use of any drum or other instrument or device for the purpose of attracting attention to any performance, show or sale by creation of noise.
M. 
Pile drivers, pneumatic hammers, etc.: the operation between the hours of 9:00 p.m. and 7:00 a.m. on weekdays or at any time on weekends of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
N. 
Blowers: the operation of any noise-creating blower or power fan or an internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.