[HISTORY: Adopted by the Board of Trustees
of the Village of Coxsackie 12-12-1979 by L.L. No. 7-1979. Amendments noted where
applicable.]
GENERAL REFERENCES
Curfew — See Ch. 49.
Dogs and other animals — See Ch. 53.
Excavations — See Ch. 59.
Firearms and fireworks — See Ch. 63.
Building construction — See Ch. 66.
Hunting — See Ch. 77.
Parades and motorcades — See Ch. 94.
Peace and good order — See Ch. 99.
Peddling and soliciting — See Ch. 101.
Zoning — See Ch. 155.
A.
General prohibition. It shall be unlawful for any
person to make, continue, aid, countenance, cause to be made or assist
in making any unreasonably loud, disturbing and unnecessary noise
between the hours of 8:00 p.m. and 7:00 a.m. during any weekday and
between the hours of 8:00 p.m. and 9:00 a.m. on any Sunday or holiday,
except as otherwise hereinafter provided, within the limits of the
Village of Coxsackie. Any noise which unreasonably interferes with
the sleep, comfort, repose, health or safety of others is prohibited
during the hours above mentioned.
B.
Specific prohibitions. The following acts are prohibited
and declared to be a violation of this section, said enumeration not
to be deemed exclusive:
(1)
The ringing of bells, sounding of gongs or blowing
of any whistle, horn or signaling devices, except as a necessary warning
signal upon a motor vehicle, motorcycle, bicycle or similar vehicle.
(2)
The maintenance and operation in or upon any building
or upon any premises, street or public highway or any public or private
place within the limits of the Village of Coxsackie of any radio,
electrical device, amplifier or amplifying system, speakers or device
of any kind whereby the sound therefrom is cast toward and directly
or indirectly upon the public streets and highways or where any such
device is maintained and operated for advertising purposes or for
the purpose of attracting the attention of the passing public or which
is so placed, operated or maintained that the sounds coming therefrom
can be heard to the annoyance or inconvenience of travelers or residents
upon any street or highway or of persons in or upon neighboring premises.
(3)
In the process of any building operations between
the hours of 8:00 p.m. and 7:00 a.m. the following day, to operate
or use any pile driver, steam shovel, pneumatic hammer, derrick, steam
or electrical hoist or other apparatus, the use of which is attended
by loud or unusual noise, except by authorization pursuant to a resolution
of the Village Board and then only granted in the event of an emergency.
(4)
The creation of loud or excessive noise in connection
with the loading or unloading of any vehicle or the opening and destruction
of bales, boxes, crates and containers.
(6)
The firing or discharging of a gun, firecracker, gunpowder
or other combustible substance within the limits of the Village of
Coxsackie with the intention and for the purpose of attracting attention,
except upon some special celebration or occasion, in which latter
event the permission of the Village Board shall first be obtained
and, if granted, shall indicate specifically the date, time and place
that such activity is authorized.[2]
(7)
The playing of music or sound-producing device or
the operation of any radio, television receiver or phonograph in such
a manner and with such volume between the hours of 10:00 p.m. and
7:00 a.m. as to annoy or disturb the quiet, comfort or repose of persons
in any dwelling or other type of residence located within an area
defined as a residential district in the Zoning Ordinance for the
Village of Coxsackie, as adopted and amended.[3]
(8)
The playing of music by any band or orchestra or sound-producing
device which unreasonably interferes with sleep, comfort, repose,
health or safety of others between the hours of 10:00 p.m. and 7:00
a.m., except on such special occasion upon consent and permission
of the Village Board.
(9)
The creation of any excessive noise on any street
or highway adjacent to any public or parochial school or hospital
or nursing home, provided that conspicuous signs are displayed on
such street or highway indicating that the same is a school or hospital
zone and that quiet is required.
(10)
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 of the Village of Coxsackie, unless specific permission
therefor is obtained from the Village Board, which such permit, if
and when issued, shall indicate the specific dates and times that
the operation of such sound truck or movable amplifying system shall
be authorized.
(11)
The hawking, crying or calling out the sale of goods,
at auction or otherwise.
C.
Sound reproduction
devices.
[Added 11-12-2002 by L.L. No. 4-2002]
(1)
No person
shall operate or use, or cause to be operated or used any sound reproduction
device in such a manner as to create any unnecessary noise.
(2)
No person
shall operate or use, or cause to operated or used, any sound reproduction
device for commercial or business advertising purposes or for the
purpose of attracting attention to any performance, show or sale or
display of merchandise in connection with any commercial or business
enterprise, including those engaged in the sale of radios, television
sets or any other devices able to create noise.
[Added 11-12-2002 by L.L. No. 4-2002]
It is hereby declared to be the public policy of the Village
of Coxsackie to reduce the ambient noise level in the Village, so
as to preserve, protect and promote the public health, safety and
welfare and the peace and quiet of the inhabitants of the Village,
prevent injury to human, plant and animal life and property, foster
the convenience and comfort of its inhabitants and facilitate the
enjoyment of the natural attractions of the Village. It is the public
policy of the Village that every person is entitled to ambient noise
levels that are not detrimental to life, health and enjoyment of his
or her property. It is hereby declared that the making, creation or
maintenance of excessive and unnecessary noises within the Village
affects and is a menace to public health, comport, convenience, safety,
welfare and the prosperity of the people of the Village. For the purpose
of controlling and reducing such noises, it is hereby declared to
be the policy of the Village to set the unnecessary noise standards
and decibel levels contained herein and to consolidate certain of
its noise control legislation into this Code. The necessity for legislation
by enactment of the provisions of this chapter is hereby declared
as a matter of legislative determination.
A.
Nothing contained in this chapter shall be construed
to prevent the production of music in connection with any military,
civic or authorized parade, funeral procession or religious ceremony,
nor to prevent any musical performance conducted by consent of the
Village Board.
B.
The provisions of this chapter shall not apply to
the sounding bells, horns, sirens or any other instrument 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.
Emergency
signal device: any gong, siren or whistle, the use of which is permitted
on emergency vehicles pursuant to § 375 of the Vehicle and Traffic
Law, or any siren, gong or whistle which is utilized by the Fire Department,
Police Department or authorized public utility company to assist in
making notification to other members of such departments of an emergency
call.
[Added 11-12-2002 by L.L. No. 4-2002]
The Village 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
Village Board.
[Amended 11-12-2002 by L.L. No. 4-2002]
As used in this chapter, the following terms
shall have the meanings indicated:
Any act or combination of acts which actually results in
the production of sound.
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
Any mechanism which prevents, controls, detects, measures
or records the production of sound.
Every ambulance, Fire Department vehicle and any vehicle
operated by the Police Department or any other law enforcement agency
while on an emergency call.
Any designated opening in a building to which a person may
reasonably have access, including but not limited to any door, gate,
window, skylight or hatch.
Code of the Village of Coxsackie.
One-tenth of a bell; thus a unit of sound level when the
bass of the logarithm is the 10th root of 10 and the quantities concerned
are proportional to power.
Any mechanism which is intended to produce or which actually
produces sound when operated or handled.
Any gong, siren or whistle, the use of which is permitted
on emergency vehicles pursuant to § 375 of the Vehicle and
Traffic Law.
Any erratic, intermittent or statically random oscillation.
An oscillation of any nature which invokes an auditory sensation.
Any instrument, including a microphone, amplifier, an output
meter and frequency-reading networks, for the measurement of noise
and sound levels in a specified manner and which complies with standards
established by the American National Standards Institute's specifications
for sound level meters.
A device intended primarily for the production or reproduction
of sound, including but not limited to any musical instrument, radio
receiver, television receiver, tape recorder, phonograph or sound-amplifying
system.
Any sound which annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of a person or which causes
injury to plant or animal life or damage to property or business,
having consideration for the type neighborhood, land uses, zoning
and such related matters as would create an expectation with respect
to noise.
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
[Added 11-12-2002 by L.L. No. 4-2002]
A.
Violation. Any act in violation of the provisions of this section is deemed to be in violation of the provisions of § 89-1 of this Code.
B.
Motor vehicles.
No person shall operate or permit to be operated any vehicle or motorcycle
at any time or under the condition whatsoever where the sound level
due to such operation exceeds 70 decibels.
[Added 11-12-2002 by L.L. No. 4-2002]
The provisions of this Code shall be enforced by the Police
Department of the Village. In making a determination that the noise
or sound is unnecessary, the officer shall consider the time and location
of the occurrence and the complaint of the person alleging violation
of this Code. The officer may cite the alleged violator for the violation
of this Code and, in the case of sound reproduction devices, may confiscate
the sound reproduction device to be used as evidence to demonstrate
that the alleged violator had such device and that it was operable
and to demonstrate the volume at which it was being played at the
time and place of occurrence.