No person shall make, cause, allow, or permit to be made any
unreasonable noise within the geographical boundaries of the Town
or within those areas over which the Town has jurisdiction, including
the waters and beaches adjacent to, abutting or bordering the Town.
Any of the following acts and causes thereof which either annoy,
disturb, injure or endanger the comfort, repose, health, peace or
safety of a reasonable person of normal sensibilities are declared
to be in violation of this chapter and to constitute unreasonable
noise:
A. No person shall operate or use or cause to be operated any loudspeaker,
public-address system or similar amplification device between the
hours of 10:00 p.m. and 7:00 a.m., except when used in connection
with a public emergency by officers of any police agency, fire department
or of any municipal entity.
B. Using or operating any sound-reproduction device or other instrument
or device for commercial or business advertising purposes or for attracting
attention to any performance, show or sale or display of merchandise
in connection with any commercial operation in front or outside any
building, place or premises, or through any aperture of such building,
place or premises, abutting or adjacent to any public right-of-way,
or in or upon any vehicle operated, standing or being in or on any
public right-of-way, or from any stand, platform or other structure,
or from any airplane or other device used for flying over the Town
of Red Hook, or on a boat on the waters within the jurisdiction of
the Town of Red Hook or anywhere on any public right-of-way.
C. The use of any sound-reproduction device outside a structure either
on private property or on a public right of way or public space or
inside a structure in such a manner as to result in the sound from
such apparatus to be projected therefrom between 10:00 p.m. and 7:00
a.m. Sound which can be heard from inside a structure across any real
property boundary, where all exterior doors and windows are closed,
shall be deemed to be projected within the meaning of this subsection.
D. No animal or bird owner shall permit any animal to cause noise which
shall annoy or disturb the quiet, comfort, or repose of a reasonable
person of normal sensibilities. Noise disturbance for more than 15
minutes at any time of the day or night, by repeated barking, whining,
screeching, howling, braying or other like sounds which can be heard
beyond the boundary of the owner's property, shall be deemed
prima facie evidence of unreasonable noise.
E. The shouting, yelling, calling, or hooting at any time or place so
as to annoy or disturb the quiet, comfort and repose of a reasonable
person of normal sensibilities.
F. No person shall engage in, cause or permit the loading, unloading,
opening, closing or other handling of boxes, crates, containers, building
materials or similar objects between the hours of 8:00 p.m. and 7:00
a.m. the following day in such a manner as to cause unreasonable noise
across a residential real property boundary.
G. No person shall cause or permit to be caused the excessive, persistent
or unnecessary sounding of any horn or other auditory signaling device
on or in any motor vehicle except to serve as a warning of danger.
H. No person shall operate or permit to be operated lawn maintenance
equipment between the hours of 10:00 p.m. to 7:00 a.m.
I. No person shall operate or permit to be operated a refuse compacting
vehicle in the process of compacting or collecting refuse contained
in a dumpster or similar receptacle between the hours of 10:00 p.m.
and 7:00 a.m., except in cases of emergency or the interests of public
safety.
J. No person shall operate or permit to be operated any tools or equipment
used in construction, drilling, excavations or demolition work, between
the hours of 8:00 p.m. and 8:00 a.m. the following day, except that
the provisions of this section shall not apply to emergency work.
K. No person shall cause or permit the operation of any device, vehicle,
construction equipment, snowblowing or lawn maintenance equipment,
including but not limited to any diesel engine, internal combustion
engine or turbine engine, without a properly functioning muffler,
in good working order and in constant operation regardless of sound
level produced.
L. No person shall operate a motor vehicle in such a manner or cause
excessive squealing or other excessive noise of the tires of such
vehicle, as to annoy, disturb, injure or endanger the comfort, repose,
health, peace or safety of a reasonable person of normal sensibilities.
M. No person shall operate or permit the operation of any motor vehicle
or any auxiliary equipment attached to such a vehicle for a period
of longer than 30 minutes in any hour while the vehicle is stationary,
for reasons other than traffic congestion or emergency work, within
150 feet of a residential property between the hours of 10:00 p.m.
and 7:00 a.m. on the following day.
N. No person shall allow noise from a motor vehicle or building alarm
in excess of five minutes after it has been activated.
O. Noise caused by and/or emanating from parties, entertainment, music
or social gatherings of any kind, whether public or private, indoors
or outdoors, which can be heard inside any dwelling unit that is not
the location of the source of the noise, where all exterior doors
and windows of said dwelling unit are closed, between the hours of
10:00 p.m. and 7:00 a.m., shall be deemed prima facie evidence of
unreasonable noise.
P. Any excessive or unusually loud sound which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of a reasonable person of normal sensibilities.
It shall be prima facie evidence that an activity has created unreasonable noise if it measures in excess of the standards set forth below for continuous sound levels. An activity that does not measure in excess of the standards may still be deemed to have created unreasonable noise if it violates any of the prohibitions set forth in §
92-6 or
92-8 of this chapter.
A. No person shall make, cause, allow, or permit the operation of any source of sound on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the particular continuous sound level limits set forth in Table I when measured at or within the real property line of the receiving property, except as provided in Subsection
B.
B. When measuring noise within a dwelling unit of a multi-dwelling-unit
building, all exterior doors and windows shall be closed and the measurements
shall be taken in the center of the room.
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TABLE I
Sound Limits
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Residential Area
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Commercial Area
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7:00 a.m. to 10:00 p.m.
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65 dBA
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70 dBA
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10:00 p.m. to 7:00 a.m.
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50 dBA
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60 dBA
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C. Motor vehicles.
(1) Motor vehicle sound level limits and equipment shall be in compliance
with provisions of any state law, including, but not limited to, §§ 386
and 375 of the New York State Vehicle and Traffic Law governing the
emission of sound from public highways.
(2) No person shall operate or permit to be operated any motor vehicle
off of a public highway at any time, at any speed or under any condition
or grade, load, acceleration or deceleration or in any manner whatsoever,
as to exceed 86 dBA. The limit shall apply at a distance of 50 feet
from such motor vehicle.