[HISTORY: Adopted by the Council of the City of Beacon 12-9-2019 by L.L. No. 13-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 77.
Dogs and other animals — See Ch. 99.
Explosives — See Ch. 111.
Peace and good order — See Ch. 159.
[1]
Editor's Note: This local law also repealed former Ch.
149, Noise, adopted 9-21-2009 by L.L. No. 13-2009, which superseded
former Ch. 149, Noise, adopted 6-17-1996 by L.L. No. 4-1996.
This chapter shall be known and cited as the "City of Beacon
Noise Control Law."
The intent of this chapter is to supersede the present Noise
Control Law of the City of Beacon by the enactment of the following
provisions, definitions and standards for noise elimination or abatement
in the City of Beacon.
It is hereby found and declared that:
A.
The making, creation or maintenance of loud, unnatural or unusual
noises, which are prolonged and unnatural in their time, place and
use, affect and are a detriment to the public health, comfort, convenience,
safety and welfare of the residents of the City of Beacon.
B.
The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted is declared as a matter of legislative
determination and public policy, and it is further declared that the
provisions and prohibitions hereinafter contained and enacted are
for the purpose of securing and promoting the public health, comfort,
convenience, safety and welfare, and the peace and quiet of the City
of Beacon and its inhabitants.
As used in this chapter, the following terms shall have the
meanings as indicated:
Any person who has lodged a noise complaint with the Building
Department or Police Department that he or she is the receptor of
noise on property within the City, and said affected person has an
interest in the property as an owner, tenant, or employee.
The sound level at a given location that exists as a result
of the combined contribution in that location of all sound sources,
excluding the contribution of the source or sources under investigation
for potential violation of this chapter and excluding the contribution
of extraneous sound sources. Ambient sounds are differentiated from
extraneous sounds by the fact that ambient sounds are being emitted
the majority of the time although they may not be continuous. Examples
of ambient sounds may include steady traffic of properly muffled vehicles,
summer insects in the distance, pedestrians talking, and adjacent
commercial/industrial operations or mechanical equipment.
All commercial districts as defined in § 223-2 of the Code of the City of Beacon.
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including, but not limited
to:
Banking or other financial institutions.
Dining establishments.
Establishments providing retail services.
Establishments providing wholesale services.
Establishments for recreation and entertainment, including the
serving of alcohol.
Office buildings.
Transportation.
Warehouses.
Establishments providing commercial living accommodations and
commercial property used for human habitation, when such is the source
of the sound under investigation.
Any building wherein there are two or more dwelling units.
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
Sound with a duration of one second or longer measured by
the slow response of a sound level meter. Impulsive sounds that are
rapidly repetitive and occur over a period of time with a duration
of one second or longer shall be measured as continuous sound.
The sound level attributable to the source or sources under
investigation for potential violation of this chapter, which is calculated
by subtracting the measured ambient sound level from the measured
total sound level.
The hours between 7:00 a.m. and 9:00 p.m.
The sound level as measured using the "A" weighting network
with a sound level meter meeting the standards set forth in ANSI SI.4-1983
or its successors. The unit of reporting is dB(A). The "A" weighting
network discriminates against the lower frequencies according to a
relationship approximating the auditory sensitivity of the human ear.
The practical unit of measurement for sound pressure level.
The number of decibels of a measured sound is equal to 20 times the
logarithm to the base of 10 of the ratio of the sound pressure of
the measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated as "dB."
Any dismantling, intentional destruction or removal of buildings
or structures.
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone
or sewer facilities or public transportation facilities, removing
fallen trees on public rights-of-way or abating life-threatening conditions.
Any sound that is intense and intermittent, and is neither
ambient sound nor sound attributable to a source or sources under
investigation for a potential violation of this chapter. Such sound
includes but is not limited to sirens of emergency vehicles, unusually
loud motor vehicle exhaust or braking, people shouting or talking
next to the sound level meter, animal vocalizations, aircraft or trains
passing, car door slams, etc. When conducting compliance measurements,
such extraneous sound sources may be noted but their sound levels
are excluded.
Any sound with a rapid onset and rapid decay with either
a single pressure peak or a single burst (multiple pressure peaks)
having a duration of less than one second.
Property used for the production and fabrication of durable
and nondurable man-made goods.
New Year's Day, Lincoln's Birthday, Washington's
Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day,
Veterans Day, Thanksgiving Day and Christmas Day.
Any vehicle that is propelled or drawn on land by an engine
or motor.
Any power equipment utilizing an electric or internal combustion
engine.
A sound-dissipative device or system for abating the sounds
of escaping gasses of an internal combustion engine.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent
thereto.
The hours between 9:00 p.m. and 7:00 a.m.
The Code Enforcement Officer, the Building Inspector of the
City of Beacon or the City of Beacon Police Department.
Any sound that:
Sound or noise originating or emanating from outside a building
or structure.
Any individual, corporation, company, association, society,
firm, partnership or joint-stock company.
Any sound that can be detected by an investigator using his
or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a sound production device,
the detection of the rhythmic bass component of the music is sufficient
to verify plainly audible sound. The investigator need not determine
the title, specific words, or the artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or parking lot used by members of the general public.
Any real property or structures therein that are either owned,
leased or controlled by a governmental entity. Public space includes
but is not limited to parks, sports fields or lots.
Either a) the vertical boundary that separates one parcel
of property (i.e., lot and block) from another residential or commercial
property; b) the vertical and horizontal boundaries of a dwelling
unit that is part of a common wall building; or c) on a multi-use
property as defined herein, the vertical or horizontal boundaries
between the two portions of the property on which different categories
of activity are being performed (e.g., if the multi-use property is
a building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit).
Property used for human habitation, including, but not limited
to:
Private property used for human habitation.
Commercial living accommodations and commercial property used
for human habitation.
Recreational and entertainment property used for human habitation.
Community service property used for human habitation.
Hospitals, long-term medical or residential care facilities.
Unless otherwise stated, the sound pressure level measured
in decibels with a sound level meter set for A-weighing; sound level
is expressed in dBA.
An instrument used to measure sound level which conforms
to Type 1 or Type 2 standards specified by the American National Standards
Institute "Specifications for Sound Level Meters" S1.4-1984 (or subsequent
revisions).
An instrument used to conduct field calibration checks of
a sound level meter, and which conforms to the American National Standards
Institute "Specifications and Verification Procedures for Sound Calibrator"
S1.40-2006 (or subsequent revisions).
Any device whose primary function is the production of sound,
including, but not limited to, any musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
The measured level which represents the sum of sound from
the source or sources under investigation for potential violation
of this Code and the ambient sound sources, excluding any extraneous
sound, when measured on the property of an affected person or at another
specified location.
It shall be unlawful for any person to make, continue, cause
or allow, orally or mechanically, any noise disturbance affecting
persons in the City of Beacon.
A.
The general standards to be considered in determining whether such
noise disturbance exists include, but are not limited to, the following:
(1)
The intensity of the noise under investigation for violation of this
chapter.
(2)
Whether the nature of the noise is usual or unusual.
(3)
Whether the origin of the noise is natural or unnatural.
(4)
The volume and intensity of the ambient noise, if any.
(5)
The proximity of the noise to parks or other public places, hospitals,
nursing homes, day-care centers or schools, and houses of worship.
(6)
The nature and the zoning district of the area within which the noise
emanates.
(7)
Whether the noise trespasses into a residential dwelling and infringes
on the ability of an affected person to repose or sleep, or trespasses
into a commercial establishment and infringes on the ability of an
affected person to conduct normal business activities.
(8)
The time of day or night the noise occurs.
(9)
The duration of the noise.
(10)
Whether the sound source is temporary.
(11)
Whether the noise is continuous or impulsive.
(12)
The presence of discrete tones.
(13)
Whether the emission of the noise is purposeful or unnecessary
and serves no legitimate purpose.
A.
No person shall operate or cause to be operated any source of sound
from any use occupancy in such a manner as to create a sound level
which exceeds the limits set forth in the use occupancy category in
Table 1, when measured at or within the property line of an affected
person.
(1)
Continuous sound. The limit in Table 1 may not be exceeded in three
or more measurement periods within any one-hour period. Each measurement
period must be no less than one-half minute. If the total duration
of the sound under investigation is less than one and one-half minute,
the requirement for a minimum of three measurements shall be waived.
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Table 1
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|---|---|---|---|
|
Maximum Permissible Sound Level Limits By Receiving Land Use
dB(A)
| |||
|
Residential1 daytime
|
Residential nighttime
|
Commercial 24 hours
|
Industrial 24 hours
|
|
OUTDOORS
| |||
|
60
|
50
|
65
|
70
|
|
INDOORS1
| |||
|
50
|
40
|
55
|
60
|
|
NOTES:
| |
|
1.
|
Indoor measurements for compliance with Table 1 shall only be
taken if the sound source is on or within the same building as the
receiving building, as in the case of a common wall building or a
multi-use property (e.g., sound generated within a commercial unit
of a multi-use property building and received within a residential
unit of the same building). In addition, indoor measurements shall
be taken if the property line between the receiving property and the
source property is a common wall, floor or ceiling.
|
(2)
Impulsive sound:
(a)
No person shall make, cause, allow or permit the operation of
any impulsive source of sound that has a maximum sound level in excess
of 80 dBA when measured at or within the real property line of an
affected person. If an impulsive sound occurs more frequently than
10 times in any half-hour period, the levels set forth in Table 1
shall apply. At nighttime, if an impulsive sound occurs more frequently
than four times in any half hour, the levels set forth in Table 1
shall apply.
(b)
If measurements of impulsive sound are conducted indoors, the
permissible limit is 60 dBA. If an impulsive sound occurs more frequently
than 10 times in any half hour, the levels set forth in Table 1 shall
apply. At nighttime, if an impulsive sound occurs more frequently
than four times in any half hour, the levels set forth in Table 1
shall apply.
In addition to the general prohibitions set out above and the
maximum permissible sound levels set out in Table 1, and unless otherwise
exempted in this chapter, the following specific acts are hereby declared
to be in violation of this chapter.
A.
Sound production devices, commercial or residential: operating, playing
or permitting the operation or playing of any sound production device,
in such a manner as to create a noise disturbance at or within the
property line of any affected person.
(1)
Prima facie evidence of a violation of this section and the creation
of a noise disturbance shall include but not be limited to the operation
of such a device during nighttime hours in such a manner that it is
plainly audible inside the dwelling of an affected person, with all
windows and doors closed.
(2)
The limits in Table 1 shall also apply at all times.
B.
Loudspeakers and public-address systems mounted outdoors: using or
operating any loudspeaker, public-address system or similar device
at any commercial or industrial facility is prohibited during nighttime
hours, unless it is for the purposes of safety.
C.
Self-contained, portable, nonvehicular music or sound production
device shall not be operated in any public space or public right-of-way
in such a manner as to be plainly audible at a distance of 25 feet
in any direction from the operator.
D.
Animals: it shall be unlawful for any property owner or tenant to
allow any domesticated or caged animal to create a sound across a
real property line which creates a noise disturbance or interferes
with the peace, comfort, and repose of any resident, or to refuse
or intentionally fail to cease the noise disturbance when ordered
to do so by a noise control administrator. Prima facie evidence of
a violation of this section shall include but not be limited to:
(1)
Vocalizing (howling, yelping, barking, squawking, etc.) for five
minutes without interruption, defined as an average of four or more
vocalizations per minute in that period; or,
(2)
Vocalizing for 10 minutes intermittently, defined as an average of
two vocalizations or more per minute in that period.
(3)
It is an affirmative defense under this subsection that the dog or
other animal was intentionally provoked to bark or make any other
noise.
E.
Motor vehicles. The registered owner of the vehicle, if present when
the violation occurs, is in violation of this section. If the owner
of the vehicle is not present, the violation will be served upon the
person in charge or control of the vehicle, or anyone who assists
in the production of the sound that is found to be in violation.
(1)
Operating or permitting the operation of any motor vehicle, or any
auxiliary equipment attached to such a vehicle, for a period longer
than five minutes in any sixty-minute period so out of repair or in
such a condition as to create a noise disturbance.
(2)
No motor vehicle may be operated without a properly functioning muffler
on a public right-of-way. The operation of a vehicle which is unmuffled
or is equipped with straight pipes is a violation of this chapter.
(3)
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at distance of 25 feet in any direction from the operator.
(4)
The horn or signaling device on any motor vehicle may not be operated,
except when used as a danger or traffic warning signal, and such operation
must terminate when the danger has passed.
(5)
An exterior alarm of a motor vehicle must not audibly sound for more
than five minutes continuously or 10 minutes intermittently. While
operating within these parameters, the limits in Table 1 do not apply.
(6)
It shall be unlawful to create a noise or disturbance or operate
a motor vehicle in such a manner as to cause excessive squealing or
other excessive noise of the tires.
F.
Construction, repair and demolition: excluding emergency work, operating
or permitting the operation of any tool or equipment used in construction,
repair, demolition or excavation shall not be permitted during nighttime
hours on any day unless it can meet the limits in Table 1. At all
other times the limits set forth in Table 1 do not apply. This section
shall not apply to road maintenance/improvement on preexiting roads
or preventative maintenance on the sewer mains and pipes, on which
daytime construction would prove disruptive to traffic flow. All motorized
equipment used in construction and demolition activity shall be operated
with a muffler.
G.
Power tools: operating power tools used for landscaping and yard
maintenance, excluding emergency work, within 200 feet of a residential
property line shall not be permitted during nighttime hours, unless
such activities can meet the limits set forth in Table I. All motorized
equipment used in these activities shall be operated with a muffler.
At all other times, the limits in Table 1 do not apply.
H.
Miscellaneous sound producers: creating or emitting a noise which
constitutes a noise disturbance by any manner, including but not limited
to a horn, siren, whistle, shout, bell, musical instrument, tool or
engine.
I.
The operation of a standby or portable generator is exempt from the
limits in this chapter when there is a power outage. The regular testing/exercising
of a generator must be conducted on weekdays (Monday through Friday)
during daytime hours and for the minimum duration suggested by the
manufacturer. Such testing/exercising of a generator shall not be
conducted on any legal holiday. During such testing, the sound level
limit shall be 70 dBA at the property line of any affected person.
The permissible limits in Table 1 apply to the operation of generators
tested outside of the prescribed hours or operated when there is no
power outage. No person shall at any time operate a generator during
nighttime hours in a residential district unless there is a power
outage. Generators used on a permitted construction site may not exceed
65 dBA at the property line of any affected person.
J.
Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle
or motorboat in such a manner as to cause a frequent, repetitive or
continuous noise disturbance across the real property line of an affected
person or during nighttime hours is prohibited. When these activities
are conducted during daytime hours, and do not cause a noise disturbance,
the limits in Table 1 do not apply.
The following sounds are exempt from the restrictions of this
chapter:
A.
Sounds from power tools used for landscaping lawn mowers and garden
equipment when operated during daytime hours. All motorized equipment
used in these activities shall be operated with a muffler.
B.
Sounds produced in conjunction with religious services.
C.
Sound from a snow blower, snow thrower, electric snow shovel or snowplow
used for the purpose of snow removal.
D.
Sound from an exterior burglar alarm of any building, provided that
such alarm shall terminate within 15 minutes after it has been activated.
E.
Sound used for the purposes of alerting a person of an emergency.
F.
Sound from the performance of emergency work.
G.
Sound from a municipally sponsored event. Permitted events are subject
to the conditions of the permit, which may include restrictions on
the hours of operation and alternative sound level limits.
H.
National warning system (NAWAS); systems used to warn the community
of attack or imminent public danger such as flooding, explosion or
hurricane.
I.
Sounds from municipal-sponsored projects, work or repairs as ordered
by the City Administrator, or his or her designee, including public
or private garbage pickup.
K.
The unamplified human voice is exempt from the sound level limits of this chapter, however, it may be determined that an individual is creating a noise disturbance pursuant to § 149-5.
L.
Surface carriers engaged in commerce by railroad.
M.
Noise of aircraft flight operations.
A.
For the purpose of determining compliance with the provisions of
this chapter, the Noise Control Administrator or his or her designated
representative is hereby authorized to make inspections of all noise
sources and to take measurements and make tests whenever necessary
to determine the quantity and character of noise.
B.
No person shall refuse to allow the Noise Control Administrator or
his or her designated representative to perform reasonable sound testing
on any device or devices, including but not limited to requiring the
temporary shutting down of said device or devices for the purposes
of such testing except that upon showing that the inspection would
produce a noticeable interruption of services that would cause discomfort
to employees or customers or require a building engineer or other
professional to work with the equipment, such authorized employee
shall reschedule the inspection for a more convenient time.
C.
In the event that any person refuses or restricts entry and free
access to any part of a premises or refuses inspection, testing or
noise measurement of any activity, device, facility or process where
inspection is sought, the Noise Control Administrator and/or designated
representative may seek from the appropriate court a warrant without
interference, restriction or obstruction, at a reasonable time, for
the purpose of inspecting, testing or measuring noise.
D.
No person shall hinder, obstruct, delay, resist, prevent in any way,
interfere or attempt to interfere with any authorized person while
in the performance of his/her duties under this chapter.
A.
A commercial establishment, such as a bar, restaurant or performance venue shall not operate, play or permit the operation or playing of any amplified or nonamplified sound production device outdoors without a noise permit, except where outdoor music is played in connection with any special event permitted under § 211-13.2, including Spirit of Beacon Day. There shall be no outdoor use of sound production devices outside of these dates.
B.
The maximum permissible sound level limit for all sound emitted from
the commercial establishment, including, but not limited to, amplified
or nonamplified sound and patron noise, indoors or outdoors shall
be 55 dBA during daytime hours when measured at or within the property
line of an affected person. During nighttime hours, sound admitted
from the commercial establishment, including, but not limited to,
amplified or nonamplified sound and patron noise, indoors or outdoors
may not be plainly audible inside the dwelling of an affected person,
with all windows and doors of the dwelling of the affected person
closed.
C.
Noise permit application procedures.
(1)
Applications for permits shall be made to the City Clerk and shall
be reviewed and approved by the City Administrator, Chief of Police
and Building Inspector. The permit shall be issued by the City Clerk.
The City shall have the power to impose restrictions and conditions
upon any sound source site.
(2)
Applicants must file a permit application with the City Clerk prior
to January 1 of each year. The permit shall be valid for one calendar
year.
(3)
Applications for a noise permit shall set forth the following information.
The applicant's failure to supply the foregoing information shall
be cause for rejection of the application.
(4)
A permit fee as set forth on the City of Beacon fee schedule shall
be required.
D.
The following factors may be taken into consideration when determining
whether to grant said noise permit application:
(1)
The character and degree of injury to, or interference with, the
health and welfare of the reasonable use of property which is caused
or threatened to be caused by the sound to result from the permit.
(2)
The social and economic value of the activity for which the permit
is sought.
(3)
The ability of the applicant to apply best practical noise control
measures, if appropriate.
(4)
The number of previous noise complaints received in connection with
the operation of any sound source at the subject property.
E.
If the noise permit is denied, the reasons for the denial shall be
provided to the applicant in writing.
F.
Noise permit regulations.
(1)
The permit shall allow a commercial establishment to operate any
amplified or nonamplified sound production device outdoors.
(2)
The permit shall be posted in a conspicuous location within the commercial
establishment.
(3)
No permit issued under the provisions of this chapter may be transferred
or assigned from one owner of the property to another owner of the
property, or from one establishment to another establishment.
G.
Revocation of permit. The permit may be immediately revoked by the
Building Inspector, Chief of Police and/or City Administrator if:
H.
If the City determines that any commercial establishment has received three summonses for any violation of Chapter 149 of the City Code in any permit year, the City Council shall hold a public hearing to determine whether or not to suspend, revoke, modify, or limit the permit.
(1)
Written notice of the public hearing shall be served on the permit
holder personally or by certified mail, return receipt requested,
addressed to the place of business of the permit holder as set forth
in the most recent permit application, at least 10 days prior to the
hearing. The commercial facility shall not operate, place, or permit
the operation or playing of any sound production device outdoors upon
receipt of the notice described herein.
(2)
The permit holder will be notified of the determination of the City
Council, in writing, within 15 days of the close of the hearing. Such
determination will remain on file in the Office of the City Clerk.
I.
Any commercial establishment whose permit is revoked may be classified
as disorderly pursuant to the New York State Alcoholic Beverage Control
Law.
A.
For purposes of this section, the following sound sources shall require
permit approval from the City of Beacon:
(1)
Private or public events. Any person seeking to hold a public or private celebration which may violate provisions of this chapter may apply for a permit which will allow the event to exceed the restrictions within this chapter, subject to the restrictions set forth in said permit. A separate noise permit will not be required where the applicant is required to obtain a permit in connection with any special event permit defined in § 211-13.2.
(2)
Construction projects outside of permissible hours.
B.
Noise permit application procedures.
(1)
Applications for permits shall be made to the City Clerk and shall
be reviewed and approved by the City Administrator, Chief of Police
and Building Inspector. The permit shall be issued by the City Clerk.
The City shall have the power to impose restrictions and conditions
upon any sound source site.
(2)
Applicants shall submit an application at least 30 days prior to
the proposed occurrence/event. The City may, in its sole discretion,
accept applications on less than 30 days' notice upon good cause
shown for not timely submitting.
(3)
Applications for a noise permit shall set forth the following information.
The applicant's failure to supply the foregoing information shall
be cause for rejection of the application.
(a)
The name and address of the applicant.
(b)
The name and location of the noise source for which such application
is made.
(c)
The nature and intensity of noise that will occur during the
period of the permit.
(d)
Applications for after-hours construction permits shall also
include an explanation as to why the construction could not be completed
during regular hours, as well as a presentation of adequate proof
that compliance with this chapter would impose an arbitrary or unreasonable
hardship upon the applicant without equal or greater benefit to the
public.
(4)
The permit shall enumerate the specific date(s) and times for which
the permit is valid and may establish specific sound level limits
that apply during the period of the permit which may not be exceeded
at the nearest affected residential or noise sensitive property.
(5)
The permit shall be posed conspicuously within the facility.
(6)
No permit issued under the provisions of this chapter may be transferred
or assigned from one owner to another owner or from one establishment
to another establishment.
(7)
A permit fee as set forth on the City of Beacon fee schedule shall
be required.
C.
The following factors shall be taken into consideration when determining
said noise permit application:
(1)
The character and degree of injury to, or interference with, the
health and welfare of the reasonable use of property which is caused
or threatened to be caused by the sound to result from the permit.
(2)
The social and economic value of the activity for which the permit
is sought.
(3)
The ability of the applicant to apply best practical noise control
measures, if appropriate.
(4)
The number of permits previously issued to the applicant.
(5)
The number of permits issued permitting sound source operations at
the subject property.
(6)
The number of previous noise complaints received in connection with
the operation of any sound source at the subject property.
D.
If the noise permit is denied, the reasons for the denial shall be
provided to the applicant in writing.
E.
Revocation of permit. The permit may be immediately revoked by the
Building Inspector, Chief of Police and/or City Administrator if:
(1)
There is a violation of one or more conditions of the permit, including
but not limited to sound level limits specified in the permit; or
(2)
There is a material misrepresentation of fact in the permit application;
or
(3)
There is a material change in any of the circumstances relied upon
in granting the permit.
The Code Enforcement Officer, the Building Inspector of the
City of Beacon or the City of Beacon Police Department is hereby empowered
and authorized to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter.
Any violation of any provision of this chapter or violation
of a lawful abatement order shall constitute an offense.
A.
For a first offense, a fine of $500 shall be imposed.
B.
For a second offense occurring within one year of the first offense,
a fine of up to $750 may be imposed for each such additional violation.
C.
For a third or further offense, a fine of no more than $1,000, and/or
a Class B misdemeanor punishable by imprisonment for up to 30 days.
D.
Each day that a violation of this chapter exists may constitute a
separate violation. If the sound source found to be in violation is
a sound production device, each separate hour in which a violation
of this chapter exists may constitute a separate violation. The owner
of the property and/or the owner of the commercial establishment from
which sound is emitted and the person causing the generation of the
sound are separately liable for a violation of this chapter.
