[HISTORY: Adopted by the Board of Trustees of the Village
of Bath 5-4-2006 by L.L. No. 3-2006. Amendments noted where applicable.]
A.
Problems concerning the disturbance of peace and quiet by noise from
various activities are best solved by thoughtful discussion and cooperative
agreements between affected parties. However, to resolve remaining
problems of noise which is disturbing to others, it is the policy
of the Village of Bath to establish some standards and penalties.
B.
It is the declared policy of this chapter to promote and assure an
environment free from unreasonable noise which threatens or affects
the well being of the people; to protect, promote and preserve the
public health, safety and welfare by reducing and otherwise regulating
noise levels; to promote the use and enjoyment of property; to protect
the value of property; to protect the enjoyment of sleep and repose;
to promote commerce; and to protect and improve the overall quality
of life.
C.
Unreasonable noise is 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 so as to discourage the enjoyment by residents of
normal, reasonable and usual activities.
It is the intent and purpose of this chapter to regulate the
emission of unreasonable noise and vibration.
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Trustees of the Village of Bath.
The duly appointed official charged with enforcement of all
laws and codes of and within the Village of Bath.
Any excessive or unusually loud sound which injures or endangers
the repose, health, peace or safety of a reasonable person of normal
sensitivities or which causes injury to animal life or damage to a
person's property or business. Standards to be considered in
determining whether noise is unreasonable include, but are not limited
to, the following:
The volume of the noise.
The frequency of the noise.
The periodicity of the noise.
Whether the noise is unusual or incongruous with the surrounding
environment.
The volume and frequency of the ambient noise, if any.
The proximity of the noise source to any residential, educational,
medical, religious or judicial facility.
The use, nature and character of the immediate area where the
noise source exists.
The time of day or night the noise occurs.
The duration of the noise.
Whether the noise is recurrent, intermittent or constant.
Whether the noise is produced by a commercial or noncommercial
activity.
Whether the origin of the noise is natural or unnatural.
Unreasonable noise emanating from privately owned and occupied
property shall be determined at the property boundary line of any
person complaining of a violation of this chapter or, if no complainant
is known, at the property boundary line of the property from which
the alleged unreasonable noise is being created. In the case of unreasonable
noise emanating within a multiple residence, such determination shall
be made within any adjoining or adjacent apartment or hallway or common
area. Unreasonable noise emanating from public property shall be determined
at the complainant's property boundary line or, if no complainant
is known, at the property boundary line of the property where the
noise is being created.
The Village of Bath, New York.
The duly elected Clerk (or his/her designee) of the Village
of Bath.
The creation of an unreasonable noise, as defined in this chapter,
is prohibited within the Village of Bath.
The following acts, among others, are declared to be loud, disturbing
and unreasonable noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive, namely:
A.
Radios, phonographs, television sets and other sound-producing devices:
(1)
The using, operating or permitting to be played, used or operated
of any television or radio receiving set, musical instrument, phonograph
or other machine or device for producing or reproducing of sound in
such manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants or, at any time, of louder volume than is necessary for
convenient hearing of the person or persons who are in the room, vehicle,
chamber or area in which such machine or device is operated and who
are voluntary listeners thereto.
(2)
The operation of any such set, instrument, phonograph, machine or
device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner
as to be plainly audible at a distance of 50 feet from the building,
structure, vehicle or area in which it is located shall be prima facie
evidence of a violation of this section.
B.
Horns and signaling devices: the sounding of any horn or signaling
device on any automobile, motorcycle, streetcar or other vehicle on
any street or public place of the Village of Bath except as a danger
warning; the creation by means of any such signaling device of any
unreasonably loud or harsh sound; the sounding of any such device
for an unreasonable period of time; the use of any signaling device
except one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine or exhaust; and the use of any
such signaling device when traffic is for any reason held up.
C.
Yelling and shouting: yelling, shouting, hooting, whistling or singing
on any public street, sidewalk, business premises open to the public,
office or any public property, when intentionally done to create or
recklessly creating a risk of public annoyance, alarm or inconvenience.
D.
Animals and birds: the keeping of any one or more animals or birds
whose noise, by virtue of loudness, duration, frequency or intensity,
causes public inconvenience, annoyance or alarm or creates unreasonable
noise.
(1)
Any animal or bird noise occurring between 10:00 p.m. and 7:00 a.m.,
and plainly audible at a distance 50 feet from the place of origination
of the noise, shall be prima facie evidence of a violation of this
chapter.
(2)
Any animal or bird noise occurring for any continuous period of five
minutes or more, or an aggregate of 15 minutes or more in any eight-hour
period, when such noise is plainly audible inside any portion of a
dwelling, residence, office or apartment other than the place where
the noise originated, shall be prima facie evidence of a violation
of this chapter.
E.
Exhausts: the discharge into the open air of the exhaust of any steam
engine, stationary internal-combustion engine, motorboat or motor
vehicle except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
F.
Defect in vehicle or load: the use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such a manner as to create
loud and grating, grinding, raffling or other unreasonable noise.
G.
Loudspeakers: the operation of any loudspeakers or speaker systems
or any device for the production or reproduction of sound, in a manner
that creates public annoyance, alarm or inconvenience or unreasonable
noise.
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.
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 Village
Clerk of the Village of Bath.
D.
The operation or use of any organ, radio, bell, chime or other instrument,
apparatus or device by any church, synagogue, mosque or school when
used as part of the religious order or service or when operated between
the hours of 9:00 a.m. and 9:00 p.m.
E.
Noise generated by the installation and maintenance of utilities
and street repair and maintenance.
Any duly sworn police officer with jurisdiction within the Village
of Bath shall have the authority to make an arrest without a warrant,
pursuant to the provisions of the Criminal Procedure Law of the State
of New York, for alleged violations of this chapter.
Any person who is convicted of violating this chapter shall
be guilty of an offense which shall carry with it the following penalties:
A.
First offense: a fine of $100 or imprisonment for a term of not more
than 15 days, or both such fine and imprisonment.
B.
Second offense: a fine of $200 or imprisonment for a term of not
more than 15 days, or both such fine and imprisonment.
C.
Third offense: a fine of $500 or imprisonment for a term of not more
than 15 days, or both such fine and imprisonment.
Provisions of any section of this chapter shall not be deemed
to modify or otherwise affect or to be in substitution for any provision
of any other section of this chapter or any other chapter of the Code
of the Village of Bath but shall be cumulative thereto.
