It is the purpose and scope of this chapter
to secure and promote the public health, comfort, convenience, safety
and welfare, and the peace and quiet, of the municipality and its
inhabitants, by limiting and prohibiting certain offensive and annoying
noises.
This chapter shall apply to:
A. All types of vehicles, appliances, equipment, containers,
machinery or other devices or objects creating noises, whether privately
or publicly owned or leased, which disturb the public peace and quiet
in the area.
B. Sounds or noises of any time duration, as hereinafter
specified.
C. Both the owner or owners, operator or operators, lessee
or lessees of vehicles, appliances, equipment, containers, machinery
or other devices or objects creating noises and/or of the real estate
where such noises are being created.
The following devices are exempt from the provisions
of these regulations:
A. Aircraft (except model aircraft);
B. Police, fire, ambulance and other governmental emergency
vehicles;
C. Backup alarm devices on trucks and other equipment
when installed and operated in accordance with Society of Automotive
Engineers recommended practice;
D. Governmental warning devices (i.e. civil defense or
fire sirens, etc.)
As used in this chapter, the following terms
shall have the meanings indicated:
APPLIANCE
Any device or combination of devices used or capable of being
used as a means of accomplishing a desired end, such as but not limited
to a window air-conditioning unit, a radio, a stereo.
EQUIPMENT
Any device or combination of devices to accomplish a desired
end, such as but not limited to a chainsaw, bulldozer, backhoe, hammer,
power saw, lawnmower, radio, stereo equipment, C.D. player.
NOISE
Any sound emitted by a person, animal, vehicle, appliance,
equipment, container, machinery or other devices or objects creating
noises, and its environmental interaction.
ORDINANCE ENFORCEMENT OFFICER
Any person appointed by the Municipality of Kingston, with
the responsibility of enforcing municipal ordinances or any member
of the Municipal Police Department.
PERSON
Individuals, partnerships, associations, corporations, businesses,
churches, schools, nonprofit organizations, including their lessees,
assignees, employees, servants, trustees, receivers, executors, administrators
or other successors in interest, and including any owner or operator
of vehicles, appliances, machinery, equipment, containers or devices,
and the owners and lessees of real estate where such vehicle, appliance,
machinery, equipment, container or device is located.
VEHICLE
Any device or combination of devices used for or capable
of being used for transporting persons or property. "Vehicles" include
but are not limited to the following: automobiles, trucks, buses,
motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain
vehicles, go-carts, racers and like devices, farm graders and semitrailers
and tractor-trailers.
It shall be unlawful for any person to make,
continue to cause to be made or continued any loud, unnecessary, excessive
or unusual noise or any noise which either annoys, disturbs, injures,
interferes with or endangers the comfort, repose, health, peace or
safety of others, within the limits of the municipality, or is annoying
to a person of ordinary sensibilities as hereinafter set forth.
The following acts, among others, are declared
to be loud, excessive, disturbing and unnecessary noises in violation
of this chapter and are prohibited, but such enumeration shall not
be deemed to be exclusive, namely:
A. Horns and signaling devices, etc.: the sounding of
any horn or signaling device on any vehicle, within the limits of
the municipality, except as a danger warning; the creation by means
of horns or such signaling device of any unreasonably loud, excessive,
disturbing, unnecessary or harsh sound; and the sounding of any such
device for any unnecessary and unreasonable period of time; the use
of any signaling device or horn except one operated by hand or by
electricity; the use of any horn, whistle or other device operated
by engine, exhaust; and the unreasonable use of any horn or signaling
device when traffic is, for any reason, held up.
B. Racing motors: the unnecessary or excessive or unnatural
acceleration, deceleration or racing of motors in vehicles, whether
in motion or at rest, within the limits of the municipality.
C. Exhausts: the discharge into the open air of the exhaust
of any steam or diesel locomotive, stationary internal combustion
engine or vehicle, except through a muffler or other device which
will effectively prevent loud or explosive noises therefrom.
D. Defect in vehicle or load: the use of any vehicle
or other piece of machinery, equipment, appliance, container or device
so out of repair or, so loaded or in such manner as to create loud
or unnecessary or excessive grating, grinding, rattling or other noise.
E. Sound equipment: the using, operating or permitting
to be played, used or operated of any radio receiving sets, musical
instruments, sound amplifiers, phonographs, radios, stereos, tape
players, compact disc players, car or vehicle radios or stereos or
other machines or devices for the producing or reproducing of sound
in such a manner as to disturb the peace, quiet, comfort and repose
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 thereof. The operation
of any such set, instrument, machine or device between the hours of
11:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible
at a distance of fifty (50) feet from the building, structure or vehicle
in which it is located shall be prohibited and shall be prima facie
evidence of a violation of this section.
F. 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.
G. Yelling and shouting, etc.: yelling, shouting, hooting,
whistling or signing on the public streets, property, particularly
between the hours of 11:00 p.m. and 8:00 a.m. or at any time or place,
including private property, so as to annoy or disturb the quiet, comfort
or repose or persons in any school, church or office or in any dwelling,
hotel or other type of residence or of any persons in the vicinity.
H. Loading, unloading and opening boxes, dumpsters and
other containers: the creating of noise in connection with loading
or unloading any vehicle, dumpsters or other containers or the opening
and destruction of bales, boxes, crates and containers from 11:00
p.m. to 7:00 a.m. is prohibited.
I. Animals and birds, etc.: the keeping o any animal
or bird which, by causing frequent or long-continued noise, shall
disturb the comfort or repose of any persons in the vicinity.
J. Construction, maintenance or repairing of buildings
or lands: the erection (including excavation), demolition, alteration,
maintenance or repair of any streets, highways, sidewalks, lands,
trees, lawns, landscaping and buildings between 9:00 p.m. and 7:00
a.m., except in case of urgent necessity in the interest of public
health and safety, and then only with a permit from the Mayor, which
permit may be granted for a period not to exceed three (3) days or
less while the emergency continues, and which permit may be renewed
for periods of three (3) days or less while the emergency continues.
K. Hawkers and peddlers: the shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
L. Railway, operation thereof: the causing, permitting
or continuing of any excessive, unnecessary or avoidable noise in
the operation of any railway locomotive or railway car or train of
cars.
M. Noise from premises or property: no person owning,
leasing, occupying or otherwise in possession or control of any building,
land or premises shall use the same or permit the use of the same
or permit any equipment, machinery, appliance, container or other
device to be used at said building, land or premises if such use shall
disturb or destroy or annoy the peace of the neighborhood, or otherwise
be dangerous or detrimental to health or quiet enjoyment.
N. Equipment noise: it shall be unlawful for any person to use any construction equipment, tractor-trailer, power saw, backhoe, lawn or landscaping maintenance equipment or other mechanical equipment operated by fuel or electric power between the hours of 9:00 p.m. and 7:00 a.m. except for emergency work on public improvements, municipal services and/or except by special permit as issued by the Mayor or for a duration of three (3) days as provided for in §
123-6J of this chapter, if such equipment produced noise prohibited by this chapter.
Any person violating any provision of this chapter,
upon conviction, shall be guilty of a summary offense and shall be
subject to pay a fine not less than twenty-five dollars ($25.) nor
to exceed the maximum fine of three hundred dollars ($300.) plus costs
of prosecution, or to undergo imprisonment for a term not exceeding
ninety (90) days, or both. Each day that such violation continues
shall constitute a separate offense.
In case any one or more of the provisions of
this chapter shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision thereof, and this chapter shall
be construed as if such invalid, illegal or unenforceable provision
had never been contained herein.