[HISTORY: Adopted by the Board of Trustees of the Village
of Corinth 4-20-2013 by L.L. No. 2-2013. Amendments noted where
applicable.]
A.
It is the intent of the Village to prevent excessive, unnecessary
or unusually loud noises. It is further intended that the provisions
and prohibitions hereinafter contained and enacted are in pursuance
of and for the purpose of preserving, protecting and promoting the
public health, comfort, convenience, safety, welfare and prosperity
and the peace and quiet of the Village of Corinth and its inhabitants.
B.
This chapter shall be liberally construed so as to effectuate the
purposes described in this section. Nothing herein shall be construed
to abridge the emergency powers of any Village department or the right
of such department to engage in any necessary or proper activities.
Nothing herein shall abridge the powers and responsibilities of any
police department or law enforcement agency to enforce the provisions
of this chapter.
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-Treasurer.
D.
The operation or use of any organ, radio, bell, chimes, or other
instrument, apparatus, or device by any church, synagogue, or school
licensed or chartered by the State of New York, provided such operation
or use does not occur between the hours of 10:00 p.m. and 8:00 a.m.
E.
Noise generated by the installation and maintenance of utilities.
F.
Noise generated by snow-removal equipment when the use of such equipment
is reasonably necessary.
A.
The creation of any unreasonably loud, disturbing and unnecessary
noise is prohibited. Said noise shall be prohibited when it is of
such character, intensity and duration or of any type or volume that
a reasonable person would not tolerate under the circumstances and
that is detrimental to the life, health or welfare of any individual
or would cause or create a risk of public inconvenience, annoyance
or alarm.
B.
The following acts and the causing thereof are declared to be loud,
disturbing and unnecessary noises in violation of this chapter, but
the enumeration herein shall not be deemed to be exclusive:
(1)
Horns and signaling devices. The sounding of any horn or other signal
device on any automobile, motorcycle, bus or other vehicle while stationary,
except as a danger signal when an approaching vehicle is apparently
out of control or, if in motion, only as a danger signal after or
as brakes are being applied and deceleration of the vehicle is intended;
and the creation by means of any such signal device of any unreasonably
loud or harsh sound or the sounding of any such device for an unnecessary
period of time.
(2)
Noisy vehicles. No person shall:
(a)
Use an automobile, motorcycle or other vehicle so out of repair,
so loaded or in such a manner as to create loud, unnecessary grating,
grinding, rattling or other noise.
(b)
Operate any vehicle in such a manner as to cause unnecessary
noise by spinning or squealing the tires or revving the motor of such
vehicle.
(c)
Modify or cause to be modified the muffler, exhaust system or
other noise-control device of any vehicle in a manner that will increase
the noise emitted by such vehicle above that emitted by the vehicle
when newly manufactured, regardless of the date of manufacture. The
noise-control devices of any vehicle operated in the Village shall
be maintained and in good working order. No person shall operate or
permit to be operated a vehicle where the muffler, exhaust system
or other noise control device has been so modified or has not been
maintained.
(3)
Recreational vehicles, including snowmobiles. No person shall operate
or permit to be operated any motor-powered recreational vehicle not
licensed for operation on public streets pursuant to the New York
State Vehicle and Traffic Law:
(a)
On private property of another without the express prior written
consent of the owner and the occupant of said property. Such prior
written consent includes, but is not limited to, licenses, leases
or easements on property of another. Such consent may be revoked at
any time by the grantor hereof. Where such express prior written consent
has been obtained, the operator or person at the site responsible
for such operation shall keep said consent on his person and available
for immediate display at all times during the period of such operation.
Excepted from the operation of this subsection are any private clubs
or other organizations that permit the operation of recreational motor
vehicles on their property in connection with the principal use of
said property by the members of any such club or organization.
(b)
On any public grounds or property, including Village- or school-owned
land, which shall include but not be limited to parks, ballparks and
recreation areas.
(c)
In such a manner as to create unnecessary noise as to unreasonably
disturb or interfere with persons in the peaceful and quiet enjoyment
of their property.
(d)
In a careless, reckless or negligent manner so as to endanger
the safety or property of any person.
(4)
Discharge of exhaust: the discharge into the open air of the exhaust
of any steam engine, stationary internal-combustion engine, motor
vehicle or boat engine or motor, except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
(5)
Construction, demolition and excavation: the erection, including
excavating; demolition; alteration; or repair of any building other
than between 7:00 a.m. and 9:00 p.m., except in case of an urgent
necessity in the interest of public safety.
(6)
Noise near schools or other institutions: the creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while the same is in session or adjacent to any hospital,
which unreasonably interferes with the workings of such institutions,
provided that conspicuous signs are displayed in such streets indicating
that the same is a school, hospital, church or court street.
(7)
Loading and unloading: the creation of a loud and excessive noise
in connections with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
(8)
Hawking and peddling: the shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood
and is unreasonable under the circumstances.
(9)
Drums, loudspeakers and similar devices: the use of a drum, loudspeaker
or any other sound-producing instrument or device for the purpose
of attracting public attention by the creation of noise, except where
authorized by special permit to be issued by the Building Inspector,
who shall make reasonable rules and regulations therefor.
(10)
Sound reproduction. No person shall operate, play or permit
the operation or playing of any radio, television, phonograph, drum,
musical instrument, sound amplifier or similar device which produces,
reproduces or amplifies sound so as to produce unreasonable or unnecessary
noise at any time, except for activities open to the public and for
the public benefit and for which permission has been granted by the
Village.
(11)
Animals. No person shall keep, permit or maintain any animal
under his control that causes unnecessary noise by continued barking,
howling or other animal noises. No provision of this law shall preclude
the Animal Control Officer from responding to complaints, issuing
citations, or otherwise engaging in the duties of the office as exist
now or shall hereinafter exist.
(12)
Shouting. No person shall shout, yell, call, hoot, whistle or
sing on public streets or in public places in such a manner and for
a period of time as to be unreasonable under the circumstances.
(13)
Noise from tools, machinery and heavy equipment in the construction,
repair or alteration of property. The use of domestic or industrial
tools, machinery and equipment of any kind in construction, repair
or alteration of property, resulting in loud grinding, hammering,
sawing and similar noise, shall be limited to between the hours of
7:00 a.m. and 9:00 p.m., and shall at all times be reasonable.
(14)
Noise in the conduct of any business: the creation of unreasonable
or unnecessary noise in the operation, conduct and/or maintenance
of any business, factory, plant yard or manufacturing establishment,
except as otherwise provided in this chapter, including but not limited
to excavating, blasting, grinding, breaking, crushing or processing
of any substance, where permitted.
(15)
The operation of restaurants, taverns, bars and discos.
(a)
No restaurant, tavern, bar, nightclub, disco or other similar
use, whether public or private, shall be conducted so that unreasonable
or unnecessary music or other noise is caused by and/or emanates from
said us.
(b)
Any owner, operator or proprietor of such a business use or
the owner licensee or person in control of any private premises shall
so limit the level of noise emanating from the premises.
(c)
Further, it shall be the duty of any such person to disperse
any assembly of persons loitering, drinking alcoholic beverages or
otherwise engaging in lewd or disorderly conduct adjacent to or near
the premises or to immediately notify the police of such conduct.
(16)
Fraternities and sororities, dormitories, private clubs, meeting
halls and private residences. No noise from parties, entertainment,
music or social gatherings of any kind, whether public or private,
shall be such that noise caused by and/or emanating from said use
can be heard between the hours of 9:00 p.m. and 7:00 a.m. the following
day inside any residence, regardless of whether the windows of such
residence are open, or at any other time if said noise is unnecessary
or unreasonable under the circumstances.
A.
In those cases of unreasonable noise, other than violations of § 344-3B(1), (2), (3), and (4), the person or persons responsible shall be advised of any conduct prohibited herein by the policy or any Village office authorized to enforce the provisions of this chapter. After such warning, if any party shall continue or repeat said conduct or similar conduct, he shall be in violation of this chapter.
B.
It shall be sufficient if said warning is oral and/or in person or
over the telephone.
A.
Any person who violates any provision of this chapter shall be guilty
of a violation punishable by a fine of:
B.
When violation of this chapter or any provision thereof is continuous,
each date or portion thereof on which a violation occurs shall constitute
a separate and distinct violation for which a separate and additional
penalty may be imposed.
C.
In addition, upon violation of this chapter or any provision thereof, the Village Board of Trustees may maintain an action or proceeding in the name of the Village of Corinth in a court of competent jurisdiction to compel compliance with this chapter or restrain by injunction any violation thereof. The prosecution of a violation of this chapter for any penalty under Subsection A hereof shall not affect the right of the Village to obtain injunctive relief herein.
A.
It shall be the duty of the Saratoga County Sheriff's Department
and the New York State Police to enforce the provisions of this chapter.
B.
If a violation of this chapter shall occur, the Sheriff's Deputy
or state police officer shall issue an appearance ticket based upon
a written statement by the complainant.
