[HISTORY: Adopted by the Town Board of the Town of Tuxedo 12-15-1997 by L.L. No. 7-1997. Amendments noted where applicable.]
For the purpose of this chapter, the terms herein are defined as follows:
- Any public holiday designated in New York State General Construction Law § 24.
- SOUND DEVICE OR APPARATUS
- Any apparatus or device for the making, reproduction or amplification of the human voice or other sound(s).
The following acts are declared to be examples of loud, raucous, disturbing and unnecessary noises and are prohibited:
The operation of any electronic or other sound-producing device in such a manner or with such volume as to be plainly audible inside any residence, school or building by those who are not voluntary listeners thereto or at any time with louder volume than is necessary for the convenient hearing of the voluntary listeners thereto in the place, room or vehicle in which such sound-producing device is operational. The operation of any sound-producing device in such a manner or with such volume as to be plainly audible inside any residence between the hours of 11:00 p.m. and 8:00 a.m. at a distance greater than 50 feet from the sound-producing device shall be prima facie evidence of a violation of this section.
The sound produced by any animal or bird in such a manner or with such volume as to be plainly audible inside any residence, school or building by those who are not voluntary listeners thereto.
The sound produced by the use of any motorized cycle or vehicle so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
The sound produced by the blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger.
The sound produced by the discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine or motor vehicle engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
The sound produced by the erection or construction, including excavation, demolition, alteration or repair, of any structure other than between 8:00 a.m. and 8:00 p.m., weekdays, or 9:00 a.m. to 8:00 p.m., weekends and holidays, prevailing time, except in case of urgent necessity in the interest of public safety as determined by the Code Enforcement Officer or pursuant to other applicable law adopted by the Town Board of the Town of Tuxedo.
The creation of any loud or raucous noise or any unnecessary noise on any street or public place adjacent to any school or other institution of learning, place of worship, hospital or court while the same is in session, provided that conspicuous signs are displayed indicating the existence of such school, place of worship, hospital or court.
The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, crates and containers in such a manner as to create an unreasonable or unnecessary noise of unreasonable extent and duration.
The sound produced by the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
The sound produced by the use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any sale or display of merchandise by the creation of noise.
The sounding of any horn or signal device on any vehicle, except as a warning signal pursuant to the provisions of Subsection 1 of § 375 of the Vehicle and Traffic Law of the State of New York.
Except as otherwise permitted herein, the use of any sound device, loudspeaker or amplifier in such a manner that the sound is projected directly therefrom outside of any building or out-of-doors or the use of any sound device, loudspeaker or amplifier which is in any way fastened to or connected with any outside wall or window in any building or structure so that the sound therefrom is projected outside of such wall or window. Nothing herein contained shall be construed to prevent the operation of a sound device, loudspeaker or amplifier used in a reasonable manner by any person within any building or structure, provided that said sound device, loudspeaker or amplifier is not so arranged that the sound is projected therefrom directly outside of any building or out-of-doors.
The creation of any loud or raucous noise which causes public inconvenience or alarm or disturbs the public's peace, comfort and tranquility.
The operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds or any auxiliary equipment attached to such vehicle:
For a cumulative period longer than five minutes in any hour on public or private property while the vehicle is stationary, for reasons other than traffic congestions.
While the vehicle is stationary for reasons other than traffic congestions between the hours of 11:00 p.m. and 6:00 a.m.
The foregoing is determined to create an unnecessary and unreasonable noise of an unreasonable extent and duration. This subsection shall not apply to authorized emergency vehicles or to public utility vehicles actually engaged in any emergency operations.
The creation of any noise which exceeds 75 decibels (dba) at the adjoining property line.
It shall be unlawful for any person to use or operate or cause to be used or operated any sound device or apparatus in, on, near or adjacent to any public street, park or place for commercial or business advertising purposes. The use of any trade, business or corporate name or the name of any person, proprietor or vendor in such commercial or business advertising shall be presumptive evidence that such advertising was conducted by that person, business or corporation.
The following sounds shall not be deemed to be a violation of this chapter:
Sounds created by any government agency for a public purpose.
Sounds created by lawnmowers between the hours of 8:00 a.m. and 8:00 p.m., prevailing time, weekdays and holidays, and 9:00 a.m. and 8:00 p.m., prevailing time, weekends and holidays.
Sounds created by public utilities in carrying out operation of their franchises.
Sounds connected with an authorized sporting event of any public or private school, carnival, fair, exhibition, parade or similar event, pursuant to a permit issued by the Town Board. Use of loudspeakers to publicize any such event is permitted pursuant to a permit issued by the Town Board. Any permit required herein for an event or loudspeaker use must be obtained at least 48 hours prior to such event or use.
Sounds on private property which do not carry beyond the boundary lines of the property on which they are created.
Use of loudspeakers in connection with election campaigns or other political purposes, within 15 days prior to an election and between 8:00 a.m. and 8:00 p.m., prevailing time, provided that an application for a permit is made to the Town Board and obtained at least 48 hours prior to such loudspeaker use. Such application shall state the applicant's name and purpose and proposed location, hours, duration and volume of such loudspeaker use.
Sound resulting from exigent or mitigating circumstances where necessary or required in order to protect the health, safety or welfare of an individual or the public.
Any violation of any provision of this chapter or of any term or provision of any permit issued hereunder shall be deemed a violation of this chapter.
Upon determination that a violation exists an enforcement officer shall serve a written notice of violation which orders the remedying of the violation. Such order shall state the nature of the violation and the provision or term violated, shall state that immediate compliance is required and shall state that failure to comply may result in proceedings to compel compliance and/or assess penalties. Such order shall be served personally and, if the violation is the result of sound caused by or emanating from real property, shall be served personally on the property owner or by certified mail to the last known address of the property owner. If service is by certified mail, then a copy of the notice of violation shall be posted at the property. If a person served with a notice of violation fails to cease the violation within 30 minutes after such service, then such failure shall be deemed a separate and distinct violation. If such person fails to cease the violation for an additional 15 minutes or longer after this initial thirty-minute time period, then each additional fifteen-minute time period shall be deemed a separate and distinct violation.
The owner of premises upon which prohibited acts occur shall be jointly and severally liable for all violations of this chapter.
Any person convicted of a violation of this chapter shall, for a first conviction thereof, be punished by a fine of not more than $250 or by imprisonment for not more than 15 days, or both; for a second such conviction within six months thereafter, such person shall be punished by a fine of not more than $400 or by imprisonment for not more than 15 days, or both; for a third or subsequent conviction within six months after the first conviction, such person shall be punished by a fine of not more than $500 or by imprisonment for not more than 15 days, or both, for each such conviction.