[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.
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:
ACTIVITY
Any act or combination of acts which actually results in
the production of sound.
AMBIENT NOISE
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
APPARATUS
Any mechanism which prevents, controls, detects, measures
or records the production of sound.
AUTHORIZED EMERGENCY VEHICLE
Every ambulance, Fire Department vehicle and any vehicle
operated by the Police Department or any other law enforcement agency
while on an emergency call.
BUILDING APERTURE
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
Code of the Village of Coxsackie.
DECIBEL
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.
DEVICE
Any mechanism which is intended to produce or which actually
produces sound when operated or handled.
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.
NOISE
Any erratic, intermittent or statically random oscillation.
SOUND
An oscillation of any nature which invokes an auditory sensation.
SOUND-LEVEL METER
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.
SOUND REPRODUCTION DEVICE
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.
UNNECESSARY NOISE
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.