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143 of the Municipal Code, as enacted by Local Law No. 2 of the year 2003, currently in effect, are hereby repealed.
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.
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)
A.
The vertical boundary that separates one parcel of property
from another parcel of property;
B.
The vertical and horizontal boundaries of a dwelling unit that
is part of a multi-dwelling-unit building; or
C.
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.
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.
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.
The creation or perpetuation of any excessive noise, as said term is defined in §
143-3 of this chapter is prohibited.
A. 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. 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.
C. 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.
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.
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.
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.