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.