[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.]
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.
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.
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:
- BOARD OF TRUSTEES
- The Board of Trustees of the Village of Bath.
- CODE ENFORCEMENT OFFICER (CEO)
- The duly appointed official charged with enforcement of all laws and codes of and within the Village of Bath.
- A. 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:
- (1) The volume of the noise.
- (2) The frequency of the noise.
- (3) The periodicity of the noise.
- (4) Whether the noise is unusual or incongruous with the surrounding environment.
- (5) The volume and frequency of the ambient noise, if any.
- (6) The proximity of the noise source to any residential, educational, medical, religious or judicial facility.
- (7) The use, nature and character of the immediate area where the noise source exists.
- (8) The time of day or night the noise occurs.
- (9) The duration of the noise.
- (10) Whether the noise is recurrent, intermittent or constant.
- (11) Whether the noise is produced by a commercial or noncommercial activity.
- (12) Whether the origin of the noise is natural or unnatural.
- B. 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.
- VILLAGE CLERK
- 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:
Radios, phonographs, television sets and other sound-producing devices:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
The emission of sound for the purpose of alerting persons to the existence of an emergency.
Noise from municipally sponsored celebrations or events.
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.
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.
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:
First offense: a fine of $100 or imprisonment for a term of not more than 15 days, or both such fine and imprisonment.
Second offense: a fine of $200 or imprisonment for a term of not more than 15 days, or both such fine and imprisonment.
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.