This chapter shall be known and may be cited as the "Village
of Cobleskill Noise Ordinance."
The purpose of this chapter is to preserve the public health,
peace, welfare and good order by suppressing the making, creation
or maintenance of excessive, unnecessary, unnatural or unusually loud
noises which are prolonged, unusual and unnatural in their time, place
and use and which are detrimental to the environment. It is also the
purpose of this chapter to allow all residents of the Village to coexist
harmoniously in a manner which is mutually respectful of the interests,
rights and obligations of all persons.
Unless the context otherwise clearly indicates, the words and
phrases used in this chapter are defined as follows:
The hours between 7:30 a.m. and 10:00 p.m., local time, on
any day.
Work made necessary to restore property to a safe condition
following a public calamity or work necessary to protect persons or
property from an imminent exposure to danger.
Includes, except as hereinafter expressly provided, any person,
either principal or his agent, servant, helper or employee, who, from
any car on a railroad track or from any vehicle in any place in said
Village or in any public street or public place or by going from house
to house or place of business to place of business in said Village,
on foot or on or from or with the use of any animal or vehicle, sells
or barters, offers for sale or barter or carries or exposes for sale
or barter any goods, wares or merchandise, except milk, newspapers
and periodicals.
A sound of short duration, usually less than one second,
and of high intensity, with an abrupt onset and rapid decay.
Includes but is not limited to automobiles, trucks, buses,
mopeds, minibikes and any other vehicles as defined by the Vehicle
and Traffic Law of the State of New York, as it may be amended from
time to time.
The hours between 10:00 p.m., local time, on any day, and
7:30 a.m. on the following day.
Includes the singular and plural and also any individual;
any property owner and/or lessee; any firm; a corporation; a political
subdivision; a government agency, including any agency of the Village
of Cobleskill; an association or an organization, including but not
limited to officers, directors, employees, agents and/or independent
contractors thereof; or any legal entity whatsoever.
Any machine or device for the amplification of the human
voice, instrumental music or any other sound. As used in this chapter,
"sound- amplifying equipment" shall not include warning devices on
authorized emergency vehicles or horns or other warning devices on
any vehicle used only for traffic safety purposes or authorized fire
horns or other authorized emergency alarms.
Any person or thing from which sound is created.
A level of sound that is injurious or annoying or disturbing
to be heard.
A.Â
No person shall intentionally cause public inconvenience, annoyance
or alarm or recklessly create a risk thereof by making unreasonable
noise or by causing unreasonable noise to be made.
B.Â
For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. Factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following:
(1)Â
The intensity of the noise.
(2)Â
Whether the nature of the noise is usual or unusual.
(3)Â
Whether the origin of the noise is associated with nature or human-made
activity.
(4)Â
The intensity of the background noise, if any.
(5)Â
The proximity of the noise to sleeping facilities.
(6)Â
The nature and the zoning district of the area within which the noise
emanates and of the area within 500 feet of the source of the sound.
(7)Â
The time of the day or night the noise occurs.
(8)Â
The time duration of the noise.
(9)Â
Whether the sound source is temporary.
(10)Â
Whether the noise is continuous or impulsive.
(11)Â
The volume of the noise.
(12)Â
The existence of complaints concerning the noise from persons living
or working in different places or premises who are affected by the
noise.
C.Â
This section shall not be interpreted to prevent the issuance of
permits that will authorize particular sound sources.
D.Â
"Person" defined. For the purposes of this section:
(1)Â
For an offense that occurs on any public property where permission
was obtained to use that public property, a person shall include the
person or persons who obtained permission to utilize that property
for that event.
(2)Â
For an offense that occurs on private property, a person shall include
any adult person or persons who live in or on the property that is
involved in the offense.
