[HISTORY: Adopted by the Board of Trustees
of the Village of New Paltz 1-25-2017 by L.L. No. 1-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
False alarms — See Ch. 63.
Animals and fowl — See Ch. 70.
Blasting and explosives — See Ch. 82.
Peddlers and solicitors — See Ch. 155.
[1]
Editor's Note: This local law also repealed former Ch. 143,
Noise, adopted 4-9-2003 by l.L. No. 2-2003, as amended.
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of Chapter 143 of the Municipal Code, as enacted by Local Law No. 2 of the year 2003, currently in effect, are hereby repealed.
A.Â
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
B.Â
Residents have a right to an environment free from excessive noise.
C.Â
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.
D.Â
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.
As used in this chapter, the following terms shall have the
following meanings unless the context clearly indicates otherwise:
Any person who is 18 years of age or older.
The all-encompassing normal and customary noise associated
with a given environment, being usually a composite of sounds from
many sources near and far.
Any site preparation, excavation, assembly, erection, repair,
alteration or similar action of buildings or structures.
A sound that is steady, regular, ongoing.
Any dismantling, destruction or removal of buildings, structures
or roadways.
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.
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.
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.
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.
Those days recognized as holidays by New York State.
A sound of short duration, usually less than one second,
and of high intensity, with an abrupt onset and rapid decay.
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.
Any vehicle that is propelled other than by human or animal
power on land.
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.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses and attached residences.
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.
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.
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.
Person(s) or principal of corporation or business in whose
name a property is owned, leased, managed or controlled.
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.
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.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a government entity.
Any real property or structures thereon that are owned, leased
or controlled by a governmental entity.
Any vehicle which is designated to be used or is actually
used to compact, transport and/or transfer refuse, garbage, recyclables
or trash.
That sound which recurs regularly and/or frequently for a
period of 10 minutes or longer.
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.
Any person who is 16 years of age or older.
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.
Any device provided by the manufacturer, or that is otherwise
required, that mitigates the sound emission of equipment.
A person(s) at a residence other than the person listed as
the owner of the premises.
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.
The creation or perpetuation of any excessive noise, as said term is defined in § 143-3 of this chapter is prohibited.
A.Â
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.
B.Â
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)Â
Any excessive noise from any source between the hours of 11:00 p.m.
and 7:00 a.m. the following day.
(2)Â
Noise from a dog or other privately owned animal that continues with
only minor interruptions for 10 minutes or more.
(3)Â
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)Â
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)Â
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)Â
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)Â
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)Â
The sounding of any horn or signaling device of a motorized vehicle
for any unnecessary or unreasonable period of time.
(9)Â
Operating a motorized vehicle in such a manner as to cause excessive
motor roar or excessive squealing of tires.
(10)Â
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)Â
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)Â
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.
C.Â
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)Â
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)Â
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)Â
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)Â
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)Â
Service of notice; plan by owner to abate; fine.
(a)Â
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)Â
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.
A.Â
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.
B.Â
Exemptions to excessive mechanical noise. The provisions of this
chapter shall not apply to the following acts:
(1)Â
The emission of sound for the purpose of alerting persons to the
existence of an emergency.
(2)Â
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)Â
Noise of aircraft or flight operations.
(4)Â
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)Â
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)Â
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)Â
Authorized sporting events.
(9)Â
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.
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.
A.Â
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.
B.Â
The Village of New Paltz may also seek injunctive relief to prevent
continuing violations of this chapter.
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
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.
I.Â
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.
J.Â
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.
K.Â
The Village may also seek injunctive relief to prevent continued
violation of this chapter.
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.