Village of New Paltz, NY Noise

This chapter shall be known and may be cited as the "Noise Control Law of the Village of New Paltz." The provisions of Chapter 143 of the Municipal Code, as enacted by Local Law No. 2 of the year 2003, currently in effect, are hereby repealed.

§ 143-2 Declaration of policy.

Excessive noise is a hazard to the public health, welfare, safety, and quality of life to the residents of the Village of New Paltz; and

Residents have a right to an environment free from excessive noise.

It is the policy of the Village of New Paltz to prevent excessive noise that may jeopardize the health, welfare, or safety of residents or degrade the quality of life of residents.

This chapter shall apply to the control of sound originating within the Village of New Paltz. 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 be liberally construed so as to effectuate the purposes described in this section.

§ 143-3 Definitions.

As used in this chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:

ADULT

Any person who is 18 years of age or older.

AMBIENT NOISE

The all-encompassing normal and customary noise associated with a given environment, being usually a composite of sounds from many sources near and far.

CONSTRUCTION

Any site preparation, excavation, assembly, erection, repair, alteration or similar action of buildings or structures.

CONTINUING SOUND

A sound that is steady, regular, ongoing.

DEMOLITION

Any dismantling, destruction or removal of buildings, structures or roadways.

EMERGENCY WORK

Any work or action necessary at the site(s) of an emergency to restore or deliver essential services, including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, or abating life-threatening conditions or a state of emergency declared by a governing agency.

EXCESSIVE NOISE

Any sounds of such a level and/or duration which are continuing or unusually loud and plainly audible in excess of the ambient noise of a particular area to the extent that it either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities or which causes injury to plant or animal life, or damage to property or business.

EXCESSIVE STREET NOISE

Unreasonable noise in the streets of the Village of New Paltz after 11:00 p.m. and before 7:00 a.m. as defined as disorderly conduct in New York State Penal Law § 240.20.

FALSE ALARM

Noise from a burglar alarm or other alarm system of any building or motor vehicle that is found to be a result of mechanical failure or the intentional triggering of said system when no actual emergency exists.

HOLIDAY

Those days recognized as holidays by New York State.

IMPULSIVE SOUND

A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay.

MINOR VIOLATION

A violation that is not the result of the purposeful, negligent or reckless conduct of the alleged violator; and/or the activity or condition constituting the violation which has not been the subject of an enforcement action by any authorized local, county or state enforcement agency against the violator within the immediate preceding 12 months for the same or substantially similar violation.

MOTOR VEHICLE

Any vehicle that is propelled other than by human or animal power on land.

MUFFLER

A properly functioning sound dissipative device or system for abating the sound on engines or equipment where such a device is part of the normal configuration of the equipment.

MULTI-DWELLING-UNIT BUILDING

Any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple-family houses, townhouses and attached residences.

MULTIUSE PROPERTY

Any distinct parcel of land that is used for more than one category of activity, including, but not limited to, a building which is both commercial and residential.

NOISE

A sound which exceeds the ambient noise of a particular area to the extent that it is plainly audible and disturbs the peace, comfort, repose or concentration of a reasonable person of normal sensitivities.

NOISY AND/OR DISORDERLY BUILDING OR ESTABLISHMENT

One which exhibits an ongoing pattern of prohibited activities, including, but not limited to, excessive noise, open container violations, assaults and general (civil or criminal) misconduct that disrupts the quiet enjoyment of the surrounding neighborhoods and threatens public safety. A noisy building is one that creates excessive noise in the streets and other buildings in its neighborhood.

OWNER

Person(s) or principal of corporation or business in whose name a property is owned, leased, managed or controlled.

PLAINLY AUDIBLE

Any excessive sound that can be detected by a police officer or Code Enforcement Officer using his/her unaided hearing faculties of normal range. The officer need not be able to determine specific words.

PROPERTY LINE (REAL PROPERTY LINE)

The vertical boundary that separates one parcel of property from another parcel of property;

The vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling-unit building; or

On a multiuse property or building the vertical or horizontal line that divides the uses.

PUBLIC RIGHT-OF-WAY

Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased or controlled by a government entity.

PUBLIC SPACE

Any real property or structures thereon that are owned, leased or controlled by a governmental entity.

REFUSE COMPACTING VEHICLE

Any vehicle which is designated to be used or is actually used to compact, transport and/or transfer refuse, garbage, recyclables or trash.

REPETITIVE SOUND

That sound which recurs regularly and/or frequently for a period of 10 minutes or longer.

RESIDENTIAL DISTRICT

Any zoning district in which one-family detached dwellings or one-family and multifamily dwellings are permitted principal uses. Should such law be amended or replaced and by so doing adds additional districts or differently denominated districts, residential districts shall mean those districts determined under such law or any successor statute wherein the predominant intended land use is residential.

RESPONSIBLE PARTY

Any person who is 16 years of age or older.

SOUND PRODUCTION DEVICE

Any device whose primary function is the production of sound, including, but not limited to, any musical instrument, loudspeaker, radio, television, computer, digital or analog music player, alarm, public address system or sound-amplifying equipment.

SOUND REDUCTION DEVICE

Any device provided by the manufacturer, or that is otherwise required, that mitigates the sound emission of equipment.

TENANT, CURRENT OCCUPANT

A person(s) at a residence other than the person listed as the owner of the premises.

VEHICLE

Any machine which is propelled or drawn on land or water by an engine or motor or other artificial or natural means of propulsion, including, but not limited to, automobiles, trucks, buses, motorcycles, mini-bikes, and any other vehicle as defined by the Vehicle and Traffic Law of the State of New York.

§ 143-4 Excessive noise prohibited.

The creation or perpetuation of any excessive noise, as said term is defined in § 143-3 of this chapter is prohibited.

No person, acting with intent to cause public inconvenience, annoyance or alarm, or acting with reckless disregard of the effects on others, shall cause, allow or permit the creation of excessive noise.

The following acts are declared to be prima facie evidence of a violation of this chapter. This enumeration is not to be deemed as exclusive.

(1)

Any excessive noise from any source between the hours of 11:00 p.m. and 7:00 a.m. the following day.

(2)

Noise from a dog or other privately owned animal that continues with only minor interruptions for 10 minutes or more.

(3)

Noise from a burglar system or other alarm system of any building or motor vehicle that continues with only minor interruptions for 10 minutes or more and is found to be a false alarm.

(4)

Noise from any sound reproduction system operating or any device that reproduces or amplifies sound at a level as to be heard 50 feet beyond the property line from where the sound emanates.

(5)

All construction, including excavation, demolition, alteration or repair of any structure, other than between 7:00 a.m. and 9:00 p.m. except in case of an emergency public safety requirement.

(6)

The operation of a motor vehicle, motorcycle, lawn mower, tractor or other gasoline/diesel/electric engine that, due to modifications or through normal wear and tear, emits a sound greater than that emitted as originally manufactured.

(7)

The operation of a refuse compacting and/or recycling vehicle in the process of compacting or collecting refuse contained in a dumpster or similar receptacle or individual garbage/recycling cans or power equipment, such as tractors, mowers, power saws and similar noise-producing equipment on weekdays between the hours of 8:00 p.m. and 7:00 a.m. the following day.

(8)

The sounding of any horn or signaling device of a motorized vehicle for any unnecessary or unreasonable period of time.

(9)

Operating a motorized vehicle in such a manner as to cause excessive motor roar or excessive squealing of tires.

(10)

Shouting or other outcry or clamor on public streets or sidewalks between 11:00 p.m. and 7:00 a.m. of the following day except to sound an emergency.

(11)

Excessive noise emanating from any bar, restaurant, or multipurpose use property as to be heard 25 feet beyond the property line from where the noise emanates.

(12)

Excessive noise emanating from any single or multifamily residence or multi-dwelling-unit building as to be heard beyond the property line where the noise emanates.

Noisy and/or disorderly house. In the interest of protecting the general welfare and public safety, the Village Board finds that certain properties within the Village of New Paltz exhibit a continued pattern of activities that disrupt the quiet enjoyment of the surrounding neighborhoods and threaten public safety. These activities include but are not limited to excessive noise, open container violations, assaults and civil and criminal misconduct.

(1)

No person shall keep or maintain any noisy and disorderly building or establishment or knowingly own or be interested in as a proprietor or landlord of any such building or establishment.

(2)

The Town of New Paltz Police Department is hereby authorized to declare a building or establishment as noisy and/or disorderly and as such a threat to public safety if the following criteria are met:

(a)

The existence of one or more arrests and three or more documented chronic legitimate complaints to the Police Department regarding a pattern of excessive noise, open-container violations, assaults and/or general civil or criminal misconduct in a thirty-day period; or

(b)

The existence of documented chronic 911 calls for police assistance or complaint-driven calls to other sources that are referred to the Police Department consisting of at least three legitimate calls in a thirty-day period.

(3)

Service of notice; plan by owner to abate; fine.

(a)

The Town of New Paltz Police Department shall designate a premises noisy or disorderly pursuant to this section by notice personally delivered to the property owner of record or by certified mail. In addition, if necessary, the Police Department is authorized to use such other methods of service for the aforementioned notice as are authorized by applicable law. Such notice shall request that the property owner attend an informal meeting with the police and other appropriate Village officials to address the concerns that led to the building or establishment being designated as noisy and/or disorderly.

(b)

The property owner will then have 30 days after such meeting to submit to the Police Department a plan, in writing, that addresses the issues causing the premises to be declared noisy and/or disorderly. Failure by the property owner to respond to the request for such a meeting or to address the issues cited by the Police Department within 30 days shall subject the property owner to the fine as set forth in § 143-9 below, with the amounts of the fine to be set annually by the Village Board.

§ 143-5 Excessive mechanical noise.

When an unattended mechanical device such as an engine or an alarm is emitting noise for a period of 10 minutes or more, the Town of New Paltz Police Department or other local, county or state enforcement agency will make a reasonable effort to find the person or persons responsible for the device or a person who can silence the device.

Exemptions to excessive mechanical noise. The provisions of this chapter shall not apply to the following acts:

(1)

The emission of sound for the purpose of alerting persons to the existence of an emergency.

(2)

Noise from municipally sponsored or sanctioned celebrations, parades or events. This includes music in connection with a military or civic parade, funeral procession or religious service authorized by the Village.

(3)

Noise of aircraft or flight operations.

(4)

The operation or use of any organ, radio, bell, chimes, or the like by any church, synagogue, or school licensed or chartered by the State of New York, provided that such operation or use does not occur between the hours of 8:00 p.m. and 8:00 a.m.

(5)

Sounds created by any government agency or its agents or by the use of an emergency warning device, alarm or authorized emergency vehicles or other emergency work and operations.

(6)

Sounds created by any federal, state or local government agency carrying out its routine functions, including, but not limited to, property and infrastructure maintenance and repairs.

(7)

Authorized sporting events.

(8)

Sound production devices required or sanctioned under the Americans with Disabilities Act,[1] FEMA or other government agencies.

[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

(9)

Sounds created by an audible alarm when actually giving notice of fire, unlawful entry or other damage to or intrusion upon property, for a period of 15 minutes after the alarm device is initially activated.

§ 143-6 Excessive street noise or animal noise.

The Town of New Paltz Police or any other local, county or state law or code enforcement agency is authorized to take any reasonably necessary action to abate excessive street noise and/or plainly audible animal noise in the Village of New Paltz.

§ 143-7 Penalties for excessive mechanical noise, excessive street noise or animal noise(s).

Any person who violates any provision of this chapter after receiving a notice of warning within a twelve-month period shall be guilty of an offense, punishable by a fine to be set annually by the Village Board.

The Village of New Paltz may also seek injunctive relief to prevent continuing violations of this chapter.

§ 143-8 Excessive noise other than mechanical or street noise.

The Town of New Paltz Police Department or any other local, county or state code enforcement agency is authorized to take any reasonably necessary action to abate excessive noise other than street or mechanical that is plainly audible noise in the Village of New Paltz.

§ 143-9 Enforcement; violations and penalties.

If a violation of this chapter is deemed by an enforcement officer to be a minor violation, a notice of warning may be issued to the named occupant(s) and/or property manager and/or owner of record of the premises for which the complaint is received by either the New Paltz Police Department (NPPD) or the Village Code Enforcement Officer at the discretion of the responding police or Code Enforcement Officer.

In accordance with police policy and procedure, a complaint will be entered in the NPPD log and a notice of warning of violation will be presented in person or by logged and recorded telephone message to the occupant(s) and/or property manager and/or owner of record within five business days of the complaint or as soon thereafter as possible. The notice of warning is intended to give the responsible party an opportunity to voluntarily investigate the matter and voluntarily take corrective action to address the identified violation. Appearance tickets/summonses shall be issued either by the NPPD or by the Village Code Enforcement Officer for any violations that occur following the service of the notice of warning.

Should a violation occur at the property within 12 months of the warning issued at the first complaint, the responsible parties and/or adult(s) at the location shall be issued an appearance ticket. The violation will be entered in the NPPD log, and a notice of violation will be presented in person by an officer or phoned to the owner of record of the property within five business days of the violation.

Should a second violation occur at the property within 12 months of the first violation, the responsible parties and/or adult(s) shall be issued an appearance ticket. The violation will be entered in the NPPD log, and a notice of violation will be presented in person by an officer or phoned to the owner of record of the property within five business days of the violation.

Should a third violation occur at the property within 12 months, both the responsible parties and/or adult(s) and the owner of record of the property shall be issued a criminal summons by the Village Code Enforcement Officer at the direction of the NPPD.

Any person who repeatedly violates any provision of this chapter within 12 months after receiving a first notice of warning shall be guilty of an offense, punishable by a fine to be set each year by the Village Board. Should there be a third violation or subsequent violations within 12 months, both the violator(s) and owner of record of the property will be fined.

If an enforcement agency must return within 12 hours of the notice of warning of a violation, an appearance ticket will be issued. The violation will be entered in the NPPD log. The owner will be phoned of the violation. If the owner is not reachable, then the notice of violation will be presented in person by an officer or phoned within five business days.

If an officer must return a second time within 12 hours, an appearance ticket will be issued. The violation will be entered in the NPPD log. The owner will be phoned of the violation. If the owner is not reachable, then the notice of violation will be presented in person by an officer or phoned within five business days.

A third violation within 12 hours will result in a criminal summons issued by the Village Code Enforcement Officer or the NPPD to both the responsible party and/or adult(s) and the owner of record of the property.

Any person who repeatedly violates a notice of warning within 12 hours shall be guilty of an offense, punishable by a fine to be set each year by the Village Board.

The Village may also seek injunctive relief to prevent continued violation of this chapter.

§ 143-10 Severability.

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.