For the purpose of this chapter, the terms herein
are defined as follows:
HOLIDAY
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:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. The sound produced by the shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
J. 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.
K. 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.
L. 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.
M. The creation of any loud or raucous noise which causes
public inconvenience or alarm or disturbs the public's peace, comfort
and tranquility.
N. 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:
(1) 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.
(2) While the vehicle is stationary for reasons other
than traffic congestions between the hours of 11:00 p.m. and 6:00
a.m.
(3) 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.
O. 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:
A. Sounds created by any government agency for a public
purpose.
B. Sounds created by lawn mowers 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.
C. Sounds created by public utilities in carrying out
operation of their franchises.
D. 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.
E. Sounds on private property which do not carry beyond
the boundary lines of the property on which they are created.
F. 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.
G. 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.
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.