The making and creating of disturbing, excessive or offensive
noises within the jurisdictional limits of the City is a condition
which has persisted, and the level and frequency of occurrences of
such noises continue to increase. These noise levels are a detriment
to the public health, comfort, convenience, safety and welfare of
the citizens. Every person is entitled to an environment in which
disturbing, excessive or offensive noise is not detrimental to his
or her life, health or enjoyment of property. This chapter is to be
construed liberally, but it is not intended to be construed as to
discourage the enjoyment by residents of normal, reasonable and usual
activities.
As used in this chapter, the following terms have the meanings
indicated:
SOUND-REPRODUCTION DEVICE
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any amplified musical instrument, radio, tape player, compact disc
player, phonograph, television, subwoofer, or any other sound-amplifying
device.
The provisions of this chapter shall not apply to the following
acts:
A. The emission of sound for the purpose of alerting persons to the
existence of an emergency. This shall include sounds created by any
government agency by the use of public warning devices.
B. Noise from municipally sponsored celebrations or events.
C. Noise from individually sponsored events where a permit for public
assembly or other relevant permission has been obtained from the City.
D. The operation or use of any organ, radio, bell, chimes or other instrument,
apparatus or device by any church, synagogue or school licensed or
chartered by the State of New York, provided that such operation or
use does not occur between the hours of 10:00 p.m. and 8:00 a.m.
E. Noise generated by the installation and maintenance of utilities.
F. Sounds created by lawn mowers, leaf blowers, or other yard maintenance
devices with an operating muffler or sound-dissipating device as designed
by the manufacturer between the hours of 7:00 a.m. and 9:00 p.m. on
weekdays and 8:00 a.m. and 9:00 p.m. on weekends.
G. The use of snowblowers or all-terrain vehicles (ATVs) to remove snow.
H. The operation of any restaurant, tavern, bar, nightclub, disco or
other similar use, whether public or private, provided that:
(1) Between the hours of 1:00 a.m. and 12:00 p.m. (noon) that day, no
noise shall be caused by and/or emanates from said use such that said
noise can be heard inside any residence, regardless of whether the
windows of such residence are open; or
(2) At any other time, if said noise is unnecessary or unreasonable under
the circumstances; and
(3) That it also shall be the responsibility any owner, operator or proprietor
of such a business use or the owner, licensee or person in control
of any private premises to so limit the level of noise emanating from
the premises.
I. The operation of fraternities and sororities, dormitories, private
clubs, and meeting halls in the City shall be conducted so that no
noise is caused by and/or emanates from said use:
(1) Between the hours of 1:00 a.m. and 12:00 p.m. (noon) that day, such
that said noise can be heard inside any residence, regardless of whether
the windows of such residence are open; or
(2) At any other time, if said noise is unnecessary or unreasonable under
the circumstances.
(3) That it also shall be the responsibility any owner, operator or proprietor
of such a business use or the owner, licensee or person in control
of any private premises to so limit the level of noise emanating from
the premises.
Any person who violates any provision of this chapter shall
be guilty of a violation and, upon conviction thereof, shall be fined
in the following manner.
A. First offense: a fine of not less than $100 nor more than $250 or
to be imprisoned for a period not to exceed 15 days, or by both such
fine and imprisonment.
B. Second offense: If the second offense occurs within six months of
the first offense, the fine of not less than $200 nor more than $500
or imprisonment not to exceed 15 days, or by such fine and imprisonment.
The City of Port Jervis Police Department or any other authorized
law enforcement officer is hereby authorized to temporarily confiscate
a sound reproduction device upon the issuance of an appearance ticket
for violating the provisions of this chapter as evidence until the
prosecution of this violation has concluded.
Enforcement shall be the responsibility of the City of Port
Jervis Police Department or any other authorized law enforcement officer.
As an additional remedy, the operation or maintenance of any
device, instrument, vehicle or machinery in violation of any provision
hereof and which causes discomfort or annoyance to reasonable persons
of normal sensitivities or which endangers the comfort or the health
or peace of residents in area shall be deemed, and is declared to
be a public nuisance and may be subject to abatement summarily by
a restraining order or injunction issued by a court of competent jurisdiction.
Chapter
381, as it now exists, of the City Code of the City of Port Jervis is hereby repealed and this chapter is designated as Chapter
381 of the City Code of the City of Port Jervis in its place and stead.
It is the intention of the Port Jervis Common Council that each
separate provision of this chapter shall be deemed independent of
all provisions herein; and it is further the intention of the Port
Jervis Common Council that if any provision of this chapter be declared
to be invalid, all other provisions thereof shall remain valid and
enforceable.