Village of Coxsackie, NY Noise

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.

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.

(5)

The keeping in any building or upon any premises of any animal, bird or fowl which produces and creates noises of a degree and kind to disturb the comfort, repose and quiet of neighbors or persons residing in the vicinity.[1]

[1]

Editor's Note: See also Ch. 53, Dogs and Other Animals.

(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]

[2]

Editor's Note: See also Ch. 63, Firearms and Fireworks, and Ch. 77, Hunting.

(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]

[3]

Editor's Note: See Ch. 155, Zoning.

(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.

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.

§ 89-1.1 Declaration of policy; construal of provisions.

[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.

§ 89-2 Exceptions.

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.

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.

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]

§ 89-3 Suspension of provisions.

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.

§ 89-4 Definitions.

[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.

§ 89-5 Penalties for offenses.

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.

§ 89-6 Violation; motor vehicle sound level standards.

[Added 11-12-2002 by L.L. No. 4-2002]

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.

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.

§ 89-7 Enforcement.

[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.