The City of Peekskill recognizes that excessive noise is detrimental
to the public health, safety and welfare and is inimical to the residential
character of substantial areas of the City. Pursuant to the authority
set forth in New York State law, the creation of any unreasonably
intrusive, unreasonably loud, disturbing or unnecessary noise is hereby
prohibited. It is the intent of this code to create opportunities
for quiet enjoyment within the City.
As used in this chapter, the following terms shall have the
meanings indicated:
HOLIDAYS
Those days recognized as holidays by New York State.
INDOOR SOUND
Sound or noise originating or emanating from within a building
or structure.
OUTDOOR SOUND
Sound or noise originating or emanating from outside a building
or structure.
REPETITIVE SOUND
A nonconstant sound which recurs with some degree of regularity.
UNREASONABLY INTRUSIVE
Any constant sound occurring for a period greater than two
minutes or any repetitive sound, either of which annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of a reasonable person of normal sensitivities under the circumstances.
ZONING DISTRICT
Any zone as defined in Chapter
575, Zoning, of the Code of the City of Peekskill.
The following acts, among others, are declared to be unreasonably
intrusive, loud, disturbing and unnecessary noises in violation of
this chapter, but the enumeration herein shall not be deemed to be
exclusive:
A. Sound production devices. Sound production devices shall not face
other than into the property on which they are located. Nothing in
this subsection is intended to prohibit incidental sounds emanating
from public sporting events or public entertainment events.
B. Animals. The owner of any animal which barks, whines, howls or makes
any other noise continuously for a period of 10 minutes or more at
a volume which can be heard anywhere beyond the owner's premises
shall be guilty of violating this chapter. For the purpose of this
subsection, "continuously" shall mean constant, with few, if any,
brief periods of silence.
C. Honking of horns. The honking of horns on motor vehicles, for other
than emergency purposes, is hereby prohibited between the hours of
8:00 p.m. and 12:00 midnight and between the hours of 12:00 midnight
and 8:00 a.m. on Mondays through Saturdays and between the hours of
8:00 p.m. and 12:00 midnight and between 12:00 midnight and 9:00 a.m.
on Sundays and holidays.
D. Running engines. The continuous running or idling of diesel- or gas-powered
engines on vehicles parked within the City is hereby prohibited between
the hours of 10:00 p.m. and 6:30 a.m. For purposes of this subsection,
the term "continuous" shall mean for a period greater than three minutes.
E. Unreasonably intrusive sound. The making, creation or maintenance
of any unreasonably intrusive sound is prohibited.
F. Repetitive sounds. Repetitive sounds which are unreasonably intrusive
are hereby prohibited.
The following specifically enumerated activities are regulated
as follows:
A. Air-conditioning and air-handling equipment. No person shall operate
or permit to be operated an air-conditioning or air-handling device
on any property within a residential district or adjacent to a residential
district that produces a sound level which is unreasonably intrusive.
B. Construction activities. No person shall undertake or permit any
building or construction activity which produces sound, including
but not limited to the delivery or transfer of construction materials,
supplies and equipment and the clearing and removal of trees or other
site preparation work, which sound is audible upon any other property
in the City, except only as follows:
(1) Permitted Monday through Friday, except holidays, during the hours
of 8:00 a.m. to 8:00 p.m.
(2) Permitted Saturdays, except holidays, during the hours of 9:00 a.m.
to 5:00 p.m.
C. Domestic tools and equipment; vehicle repair. No person shall operate
or permit to be operated any hand tool or power tool or equipment,
including but not limited to saws, hammers, sanders, drills, grinders,
lawn or garden tools, mowers, tractors, chain saws, leaf blowers or
gatherers or similar devices or wood chippers of any kind, or cause
or permit vehicle repair or engine tune-up activities, so as to create
noise in excess of the following limits and hours. This prohibition
includes equipment used by lawn-care or landscape services:
(1) Noise from domestic tools and equipment and from vehicle repair in
residential districts shall be permitted during the hours of 8:00
a.m. to 8:00 p.m. Monday through Saturday, except holidays, and during
the hours of 9:00 a.m. to 8:00 p.m. Sunday and holidays. At all other
times, such noise shall not be audible at any location upon any other
property within any residential zoning district.
(2) Use of snowblowers, chain saws and other domestic tools and equipment
is exempted from these limits when they are being used to clear driveways,
streets or walkways during and within 24 hours after snowfalls, rainstorms,
ice storms, windstorms or similar emergencies.
D. Jackhammers, rockhammers, and blasting in residential zoning districts.
Jackhammers, rockhammers, and blasting equipment shall not be operated
in residential zoning districts at any hours other than between 9:00
a.m. and 3:00 p.m. Mondays through Saturdays, except for municipal
or utility emergencies.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in its operation to
the clause, sentence, paragraph, section or part thereof directly
involved in the litigation in which such judgment shall have been
rendered.
This chapter or any provision thereof may be amended solely
by the Common Council acting by local law.