This chapter shall be known as the "Town of Copake Noise Regulation
Law."
As used in this chapter, the following words shall have the
meanings indicated:
DAY
A calendar day, as defined in NY General Construction Law
§ 19.
DEVICE
Any mechanism which is intended to or which actually produces
sound when operated or handled.
PERSON
Any individual, partnership, company, corporation, association,
firm, organization, or any other group of individuals, or any person
or employee thereof.
REAL PROPERTY BOUNDARY
The line along the ground surface that separates real property
owned by one person from that owned by another person, and the vertical
extension of such line.
UNNECESSARY NOISE
Any excessive or unusually loud sound or any sound which
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 animal life or damage to property or business.
Standards to be considered in determining whether unnecessary noise
exists in a given situation, include but are not limited to the following:
A.
The intensity of the noise;
B.
Whether the nature of the noise is usual or unusual;
C.
Whether the origin of the noise is natural or unnatural;
D.
The intensity of the background noise;
E.
The proximity of the noise to sleeping facilities;
F.
The nature and the zoning district of the area within which
the noise emanates;
G.
The time of the day or night the noise occurs;
H.
The duration of the noise;
I.
Whether the sound source is temporary;
J.
Whether the noise is continuous or intermittent; and
K.
Whether alternate methods are available to achieve the objectives
of the sound producing activity.
No person shall make, continue or cause or permit to be made any unnecessary noise. Acts in violation of §§
160-5 through
160-8 are declared to be prima facie evidence of a violation of this chapter and are prohibited, but said enumeration shall not be deemed to be exclusive.
No person shall operate or permit to be operated any device
that discharges into the open air the exhaust of any device, including
but not limited to any steam engine, diesel engine, internal combustion
engine, turbine engine, motorboat or motor vehicle, that causes loud,
unusual, or explosive noises, except through a muffler or other device
which will effectively prevent such loud, unusual, or explosive noises.
No person shall sound any horn or other signaling device on
any automobile, motorcycle, or other vehicle, except as a danger warning,
nor create by means of any such horn or signaling device any unreasonably
loud or harsh sound, nor sound any such horn or other signaling device
for an unnecessary and unreasonable period of time.
No person shall operate, play or permit the operation or playing
of any radio, television, phonograph, computer, speaker, personal
music or video device, drum, musical instrument, sound amplifier or
similar machine or device which produces, reproduces or amplifies
sound, regardless of whether such machine or device is within a building,
structure, vehicle, or otherwise:
A. In such a manner as to create unnecessary noise that is audible across
any real property boundary between the hours of 10:00 p.m. and 8:00
a.m.
B. In such a manner as to create unnecessary noise that is plainly audible
at a distance of 50 feet from such machine or device or across the
nearest real property boundary, whichever distance is greater, between
the hours of 8:00 a.m. and 10:00 p.m.
C. In such a manner as to create unnecessary noise that at any time
enters any apartment or dwelling unit that is separate and distinct
from the real property, the apartment, or the dwelling unit on or
in which such person operates, plays or permits the operation or playing
of such machine or device, regardless of whether any windows are open.
No person shall yell, shout, hoot, whistle, or sing on the public
streets or in public places between the hours of 10:00 p.m. and 8:00
a.m., nor at any time or in any place in such a manner and for such
a period of time as to be unreasonable under the circumstances.
In addition to the enforcement of this chapter by police officers
authorized under the Criminal Procedure Law, the Code Enforcement
Officer shall have the power to:
A. Order any person to cease and desist from any activity which causes
or is conducted so as to cause a violation of any provision of this
chapter.
B. Issue and serve appearance tickets when reasonable cause exists to
believe that a person has violated any provision of this chapter.
Any person found violating the provisions of this chapter shall
upon conviction thereof, be punished as follows:
A. Any person committing a violation of any provision of this chapter
shall be guilty of an offense punishable by a fine not to exceed $500
in amount, or imprisonment not to exceed 15 days, or both such fine
and imprisonment, for a first offense; by a fine not less than $750
in amount, or imprisonment not to exceed 15 days, or both such fine
and imprisonment, for a second offense committed within a period of
one year; and by a fine not less than $1,000 in an amount, or imprisonment
not to exceed 15 days, or both such fine and imprisonment, for a third
or subsequent offense committed within a period of 18 months.
B. Violations, regardless of the number, on any one day, shall be considered
as one violation for that day, until a cease and desist order is issued
for such violation(s). Following the issuance of such a cease and
desist order on any day, each violation occurring thereafter on the
same day shall be considered a separate additional violation. Any
violations that span more than one day shall constitute a separate
and additional violation for each such day, regardless of whether
a cease and desist order is issued.
The provisions of this chapter shall not be applicable to activities
of the departments, boards, committees, or officials of the Town of
Copake while acting in the course of their governmental responsibilities.