Town of Kent, NY
Putnam County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Kent 7-9-1973 by L.L. No. 10-1973; amended in its entirety 11-21-2005 by L.L. No. 10-2005. Subsequent amendments noted where applicable.]

§ 48-1 Title.

This chapter shall be known as the "Town of Kent Noise Control Law."

§ 48-2 Legislative intent and purpose.

The Town of Kent recognizes that excessive noise is detrimental to the public health, safety and welfare and is detrimental to the predominantly residential character of the Town of Kent. It is the purpose of this chapter to prevent unreasonable, unreasonably loud, disturbing or unnecessary noise which unreasonably interferes with the sleep, comfort, repose, health, safety or welfare of others within the Town of Kent.

§ 48-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PERSON
One or more natural persons of either sex, corporations, partnerships, associations, membership societies and all other entities capable of being sued.
SELF-PROPELLED VEHICLE
Any vehicle which is propelled or drawn on land or on the frozen surface of a lake by a motor, such as but not limited to passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies, all-terrain vehicles, racing vehicles and motorcycles.
SOUND REPRODUCTION DEVICE
Any device that is designed to be used or is actually used for the production or reproduction of sound, including but not limited to any amplified musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public-address system or any other sound-amplifying device.
UNREASONABLE, UNREASONABLY LOUD, DISTURBING OR UNNECESSARY NOISE
Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers or interferes with the sleep, comfort, repose, health, or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business.

§ 48-4 Standards.

Standards to be considered in determining whether any sound existing in a given situation constitutes unreasonable, unreasonably loud, disturbing or unnecessary noise within the prohibition of this chapter include:
A. 
The volume of the noise.
B. 
The intensity of the noise.
C. 
Whether the noise is usual or unusual.
D. 
Whether the origin of the noise is natural or unnatural.
E. 
The volume and intensity of background noise, if any.
F. 
The proximity of the noise to residential sleeping facilities.
G. 
The time of the day or night the noise occurs.
H. 
The time duration of the noise.
I. 
Whether the sound source is temporary.
J. 
Whether the noise is continuous, impulsive or intermittent.
K. 
The nature and the zoning district of the area within which the noise emanates.

§ 48-5 Prohibited acts.

No person shall make, cause or permit to be made any unreasonable, unreasonably loud, disturbing or unnecessary noise within the geographical boundaries of the Town of Kent.

§ 48-6 Specific acts constituting violation.

The following shall be a violation of this chapter when same constitutes an unreasonable, unreasonably loud, disturbing or unnecessary noise, as such is defined in § 48-3 hereof:
A. 
The use of any sound reproduction device inside a structure in such a manner as to result in the sound or any part thereof from such device to be projected therefrom outside of the structure or out of doors and heard from any residential dwelling, of a degree as to annoy or disturb the quiet, comfort or repose of a reasonable person of normal sensitivities.
B. 
The creation of noise in connection with the loading or unloading of any vehicle between 7:00 p.m. and 7:00 a.m. the following day, and at any time on Sunday; or the operation of any commercial vehicle for the purpose of the pickup or delivery of goods or refuse between the hours of 11:00 p.m. and 5:00 a.m. the following day.
C. 
The operation of any sound reproduction device on any boat or other vessel so that the sound therefrom is audible on land.
D. 
In the process of any construction, drilling or demolition operations, between the hours of 9:00 p.m. and 7:00 a.m. the following day, and between the hours of 9:00 p.m. Saturday and 8:00 a.m. Sunday, to operate or use any tools, pile driver, pneumatic hammer, tractor, derrick, electrical hoist, gasoline or electric powered saw or other mechanical apparatus or equipment the use of which is attended by noise.
E. 
The keeping of any animal or bird which, by causing noise, shall annoy or disturb the quiet, comfort or repose of a reasonable person of normal sensitivities.
F. 
The playing of music or a sound reproduction device in such a manner and with such volume, between the hours of 11:00 p.m. and 8:00 a.m. the following day, of a degree as to annoy or disturb the quiet, comfort or repose of a reasonable person of normal sensitivities.
G. 
The creation of any sound or noise from any device known as a "sound truck" or motor vehicle containing an amplifying system, whereby sounds, music or words are transmitted upon the public streets or highways, or the sounding of any horn or other auditory signaling device on or in any motor vehicle except to serve as a danger warning.
H. 
The operation of any self-propelled vehicle or boat which creates a noise of a degree so as to annoy or disturb the quiet, comfort or repose of a reasonable person of normal sensitivities, except recreational use of a self-propelled vehicle or boat operated between 11:00 a.m. and 5:00 p.m. on property five acres or more, within 750 feet of the adjacent property owners.
[Amended 12-20-2010 by L.L. No. 11-2010]
I. 
Yelling or shouting at any time or place so as to annoy or disturb the quiet, comfort or repose of a reasonable person of normal sensitivities.
J. 
Any other excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, except that the enumerated provisions of Subsections A through I of this section shall govern and regulate the actions and activities therein prohibited, and nothing contained in this subsection shall apply to those actions and activities set forth in Subsections A through I of this section.

§ 48-7 Responsibility of owner, tenant or person in charge.

The owner, tenant or person in charge of the premises on which a violation under the provisions of this chapter has been committed shall be deemed to have permitted such violation on the subject premises and, as such, shall be guilty of such violation.

§ 48-8 Exceptions.

A. 
Nothing contained in this chapter shall be construed to prevent the production of music or the use of an amplifying system in connection with any military, civic or authorized parade, religious ceremony or at any school sponsored or municipally sponsored activities.
B. 
The provisions of this chapter shall not apply to the sounding of bells, horns or sirens or any other instruments by a fire apparatus or station, police or any other vehicle or person in the event of an emergency or other such condition or situation.
C. 
The provisions of this chapter shall not apply to sounds created by church bells or chimes.

§ 48-9 Town Board authorized to suspend provisions.

The Town Board is hereby authorized, by resolution, to suspend any of the provisions of this chapter in connection with any holiday celebration or upon any occasion of special public interest, for such time and upon such conditions as shall be prescribed by the Town Board.

§ 48-10 Penalties for offenses.

A. 
Any person violating § 48-6A of this chapter shall be guilty of a violation punishable by a fine of not less than $25 and not more than $500 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment, if the structure from which the subject sound projected is a residential dwelling.
B. 
Any person violating § 48-6A of this chapter shall be guilty of a violation punishable by a fine of not less than $100 and not more than $1,000 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment, if the structure from which the subject sound projected is other than a residential dwelling.
C. 
Any person violating § 48-6C, E, F, I or J of this chapter shall be guilty of a violation punishable by a fine of not less than $25 and not more than $500 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment.
D. 
Any person violating § 48-6B, D, G or H of this chapter shall be guilty of a violation punishable by a fine of not less than $100 and not more than $1,000 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment.