The following acts, and the causing thereof, are declared to
be in violation of this chapter, but any enumeration herein shall
not be deemed to be exclusive:
A. The operation of or the permitting of the operation of a radio, television
set, drum, musical instrument, sound amplifier or similar device which
produces, reproduces or amplifies sound which is plainly audible at
the boundary of a nearby residential property, or which otherwise
creates unreasonable noise at the adjoining property line or, in the
case of a multiple residence, within the adjoining or adjacent apartment.
B. The projection of sound by an electronic device, musical instrument
or otherwise, directly onto the public way, for any purpose whatsoever
so as to create unreasonable noise. Nothing contained herein shall
be construed as prohibiting the normal emanation of sound from a vehicle
playing a car radio or similar device or the normal emanation of sound
from the demonstration or use of a musical instrument within a private
residence; provided, however, that there is no unreasonable noise
therefrom at a distance of 50 feet or more from said vehicle or property.
C. Operating or permitting the operation of any tool or equipment used
in construction, drilling or demolition work, including excavation
and the alteration or repair of any building between the hours of
9:00 p.m. and 7:00 a.m. so as to create unreasonable noise except
in the case of an emergency or the interests of public safety.
D. The operation of an appliance, including but not limited to a pump,
fan, exhaust fan, air-conditioning device or similar mechanical device
between the hours of 9:00 p.m. and 7:00 a.m. so as to create unreasonable
noise at the adjoining property line or, in the case of a multiple
residence, within the adjoining or adjacent apartment.
E. The loading or unloading of any vehicle or in the opening and destruction
of bales, boxes, crates and containers in such a manner as to create
unreasonable noise at the adjoining property line or, in the case
of multiple residence, within the adjoining or adjacent apartment.
F. The use of any drum, loudspeaker or other instrument or device for
the purposes of attracting attention to any performance, show or sale
or display of merchandise by the creation of unreasonable noise.
G. The use of any automobile, motorcycle, truck, recreational vehicle
or other vehicle so out of repair or loaded in such a manner as to
create unreasonable noise by operating, accelerating, grating, grinding,
rattling or other noise.
H. The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, recreation vehicle, or any
other motor vehicle unless equipped with a muffler or other device
in good order and in constant operation which will prevent unreasonable
noise from being emitted therefrom.
I. The sounding of a horn or signal device on any automobile, motorcycle,
bus or other vehicle so as to create unreasonable noise, except as
a warning signal pursuant to the provisions of the motor vehicle laws
of the State of New York.
J. The use or operation of any sound-producing device in any public
place in such a manner as to create unreasonable noise to any person
other than the operator of the device.
K. The harboring of any animal, including a bird, which animal, whether
by its barking, growling, howling, squawking, scratching or otherwise,
creates unreasonable noise at the adjoining property line or, in the
case of a multiple residence, within the adjoining or adjacent apartment.
L. To intentionally make, or cause to make, any other unreasonable noise
or sound, as heard from the source of the noise, or the property line
thereof, that annoys, disturbs, injures or endangers the comfort,
repose, health, safety or welfare of another person. For purposes
of this chapter, any sound in excess of the maximum permitted sound
levels set forth in this chapter will be deemed presumptive evidence
of unreasonable noise.
The following sounds shall not be deemed to be in violation
of this chapter:
A. Sounds created by church bells or chimes.
B. Sounds created by any government agency by the use of public warning
devices.
C. Sounds created by public utilities in carrying out the operations
of their franchise.
D. Sounds connected with sporting events of any public or private school
or authorized carnival, fair, exhibition or parade authorized by permit
of the Common Council.
E. The sounds created by crop cultivation, production, and harvesting.
F. Sounds created by safety and protective devices.
G. The use of snow removal equipment at any time.
H. Noncommercial public speaking and public assembly activities conducted
in a public place.
Any person violating any provision of this chapter shall have
committed an offense and shall be subject to a fine of not less than
$250. Persons committing a second offense within 12 months of the
date of the prior conviction shall be subject to a fine of $500. A
separate offense shall be deemed committed on each day during which
the violation occurs.
This chapter may be enforced by any code enforcement officer
or building inspector employed by the City of Plattsburgh and the
procedures will mirror that of a code violation. This chapter may
also be enforced by any police officer. The building inspector's
office may compel an applicant for a building permit or certificate
of occupancy to document, stipulate, or substantiate that the proposed
use will and is capable of complying with the applicable performance
standards.