City of Rensselaer, NY Noise

Editor's Note: This local law also superseded former Ch. 131, Noise, adopted 7-7-1993 by L.L. No. 3-1993.

[Amended 6-16-2021 by L.L. No. 4-2022]

It shall be unlawful for any person within the City of Rensselaer to make, continue or cause to be made or continued any loud, unnecessary or unusual noise which either annoys, disturbs or endangers the comfort, repose, health, peace or safety of others within the limits of the City.

The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section:

(1)

Vehicles: horns, signaling devices, car radios, tape players, compact disc players, amplifiers and loud speakers; the sounding of any horn or signaling device on any automobile, motorcycle or any other vehicle on any street or public place in the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound, the sounding of any such device for any unnecessary and unreasonable period of time, the use of any horn, whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is for any reason held up; and the playing, using, operating or permitting to be played, used or operated of any radio, tape player, compact disc player, amplifier, loud speaker or other machine or device for the producing or reproducing of any sound which is cast upon the public streets, sidewalks, parks, plaza or any other public areas of the City. Authorized emergency vehicles may use warning sounds. Weddings, parades and other organized events which customarily use motor vehicles and sound their horns during the event are exempt from the operation of this chapter.

(a)

No person shall use compression brakes while operating a motor vehicle upon any street where signs prohibit the use of compression brakes, except as such use is necessary in an emergency.

(b)

Definitions. As used in this section, the following terms shall have the meanings indicated:

COMPRESSION BRAKES

A device which, when manually activated, retards the forward motion of a motor vehicle by the direct and sole use of the compression of the engine of the vehicle.

EMERGENCY

Contemplates that an immediate stoppage or slowing of the vehicle is necessary in order to prevent injury to persons or damage to property or to remedy an injury that has already occurred, and that friction brakes are either not available or would not have been as effective in bringing the vehicle to a stop or slowing it down.

(c)

This subsection shall not apply to vehicles of a municipal fire department, whether or not responding to an emergency, participating in an exercise in emergency management, or rendering assistance under a mutual aid agreement.

(2)

Engine exhausts: the discharge into the open air within the City of the exhaust of any steam engine, gasoline engine, stationary internal-combustion engine or any other type of engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(3)

The construction or repairing of buildings: the creation of noise associated with an excavation, demolition, alteration or repair of any building within the City other than between the hours of 6:00 a.m. and 9:00 p.m. except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be renewed for periods of three days while the emergency continues.

(4)

Loudspeakers, amplifiers, paging systems, portable radios, portable tape and compact disc players and sound on the streets: the playing, using or operating of or permitting to be played, used or operated any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of any sound which is cast upon the public streets, sidewalks, parks, plaza areas or any public areas of the City. Practice sessions by school bands are exempt from the operation of this chapter.

(5)

Radios and phonographs, use on private property. Playing, using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, tape or compact disc player, television receiving set or other machine or device for the producing or reproducing of sound, including but not limited to machines or devices in motor vehicles, is prohibited if such sound is loud enough to disturb the peace and quiet of any neighborhood or that causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

(6)

Yelling and shouting: yelling, shouting, hooting or singing on the public streets of the City or at any time or place so as to annoy the peace, quiet, comfort or repose of persons in any office or in any dwelling or any other type of residence or of persons within the vicinity, within the limits of the City.

(7)

Animals. No person shall keep, permit or maintain any animal under his control that causes unreasonable or unnecessary noise by continued barking, howling or other animal noises.

It shall be unlawful for any person to willfully make or continue or cause to be made or continued any loud or unnecessary or unusual noises hereinabove defined which disturb the peace and quiet of any neighborhood or which cause discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

The standard which may be considered in determining whether a violation of the provisions of this section exists may include but not be limited to the following:

(1)

The level of the noise.

(2)

Whether the nature of the noise is usual or unusual.

(3)

Whether the origin of the noise is natural or unnatural.

(4)

The level and intensity of the background noise, if any.

(5)

The proximity of the noise to residential sleeping facilities.

(6)

The nature and zoning of the area within which the noise emanates.