[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 9-20-1993; amended in its entirety 12-20-2005. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Demonstrations — See Ch. 98.
Dogs and other animals — See Ch. 101.
Entertainment — See Ch. 109.
Lodging and eating and drinking establishments — See Ch. 136.
Parades — See Ch. 151.
Peace and good order — See Ch. 162.
Peddling and vending — See Ch. 165.
Play vehicles — See Ch. 168.
Special events — See Ch. 199A.
Temporary structures — See Ch. 216.
The Saratoga Springs City Council finds that the public interest
is served by the prevention of unreasonable noise. The provisions
of this chapter are enacted for the purpose of preserving and protecting
the public health, safety and welfare and shall be liberally construed
to effectuate that purpose. Nothing in this chapter shall be construed
to abridge the emergency powers of any City department or the right
of such department to engage in any necessary or proper activity.
Furthermore, nothing herein shall abridge or circumvent the powers
and responsibilities of any police department or law enforcement agency
to enforce the provisions of § 240.20 of the Penal Law of
the State of New York or the provisions of any other applicable law.
It shall be unlawful for any person to make any unreasonable
noise within the boundaries of the City of Saratoga Springs. For purposes
of this chapter, "unreasonable noise" shall mean any noise which is
of such character that a reasonable person of normal sensitivities
would not tolerate it under the circumstances, or is detrimental to
the life or welfare of any individual, or causes a risk of public
inconvenience or alarm.
The standards which may be considered in determining whether
a violation of this chapter exists may include but not be limited
to the following:
A.
The level or volume of the noise.
B.
The time of day or night the noise occurs.
C.
The duration of the noise.
D.
Whether the noise is recurrent, intermittent or constant.
E.
Whether the making of the noise is reasonably necessary for the protection
or preservation of property or of the health, safety and welfare of
a person or persons.
F.
Whether the noise is reasonably necessary for temporary building
or construction operations.
G.
Whether reasonable methods are available for deadening or muffling
the noise.
H.
The proximity of the noise to residential property or property customarily
used by persons for sleeping.
I.
The proximity of the noise to hospitals or other types of care-giving
facilities.
J.
The proximity of the noise to schools during school hours.
In addition to and not in limitation of the standards enumerated in § 148-3, the following acts are deemed to be in violation of this chapter and to constitute unreasonable noise:
A.
The conducting of any building or construction operations between
the hours of 10:00 p.m. and 7:00 a.m., except when necessary in an
emergency to protect or preserve property or when necessary in the
public interest.
B.
In any residential zoning district, the use of any device or apparatus
for the amplification of sound, between the hours of 11:00 p.m. and
7:00 a.m., in such a manner as to generate an instantaneous sound-pressure
level of 60 decibels (dBA) and/or an instantaneous sound-pressure
level of 70 decibels (dbC) or greater, as measured from any point
along the boundary line of the real property on which the sound pressure
is generated.
[Amended 3-4-2014; 12-3-2019]
C.
In any nonresidential zoning district, the use of any device for
the amplification of sound in the following manner:
[Amended 3-4-2014; 7-2-2018]
(1)
Sunday
through Thursday:
(a)
Daytime, between the hours of 8:00 a.m. and 12:00 midnight: in such
a manner as to generate an instantaneous sound-pressure level of 85
decibels (dBA) and/or an instantaneous sound-pressure level of 95
decibels (dbC) or greater, as measured from any point along the boundary
line of the real property on which the sound pressure is generated.
[Amended 12-3-2019]
(b)
Nighttime, between the hours of 12:00 midnight (1:00 a.m. for Sunday)
and 8:00 a.m., either outdoors or inside a building or structure:
so as to allow the amplified sound to be clearly and distinctly heard
outside such building or structure.
(2)
Friday
and Saturday:
(a)
Daytime, between the hours of 8:00 a.m. and 1:00 a.m. the following
day: in such a manner as to generate an instantaneous sound-pressure
level of 90 decibels (dBA) and/or an instantaneous sound-pressure
level of 95 decibels (dbC) or greater, as measured from any point
along the boundary line of the real property on which the sound pressure
is generated.
[Amended 12-3-2019]
(b)
Nighttime, between the hours of 1:00 a.m. and 8:00 a.m., either outdoors
or inside a building or structure: so as to allow the amplified sound
to be clearly and distinctly heard outside such building or structure.
D.
[1]The conducting of any building or construction operations
between the hours of 7:00 a.m. and 10:30 a.m. from April 1 of each
year through October 31 of each year, in such a manner as to generate
an instantaneous sound-pressure level of 60 decibels (dBA) and/or
an instantaneous sound-pressure level of 70 decibels (dbC) or greater,
as measured from any point along the boundary line of the real property
on which the sound pressure is generated, on the southern side of
the portion of 5th Avenue beginning at the lot designated as "56 Fifth
Avenue" and ending at the lot designated as "130 Fifth Avenue."
[Added 7-18-2017; amended 12-3-2019]
E.
In any nonresidential zoning district within 250 feet adjacent to
and/or abutting a residential district, the residential rules and
limitations will apply.
F.
The operation of any motor vehicle or motorcycle within the T-6 Urban
Core Transect Zone, as said zone is defined or may hereafter be defined
in the Zoning Ordinance, in such a manner as to cause a sound meter
in good operating condition to register a sound-pressure level of
90 decibels (dBa) and/or a sound-pressure level of 100 decibels (dbC)
or greater at a distance of 50 feet from said meter.
[Added 9-4-2007; amended 3-4-2014; 12-3-2019]
A.
It shall be the duty of the Code Administrator and the Police Department
of the City of Saratoga Springs to enforce the provisions of this
chapter.
B.
Persons authorized under this section shall issue a verbal warning
in response to the first offense, a written warning in response to
the second offense, and an appearance ticket in response to the third
or subsequent offense under this chapter. Nothing in this section
shall be construed to limit or supersede in any manner the authority
of police officers to issue appearance tickets under Article 150 of
the Criminal Procedure Law.
C.
In addition to and not in limitation of any power otherwise granted
by law, the Code Administrator and the Police Department are hereby
authorized to issue appearance tickets for violations of this chapter.
D.
The sound-producing or amplifying device may be confiscated upon
the issuance of an appearance ticket for City Court and held as evidence
pending such resolution of the matter in City Court and in compliance
with above written multiple warning procedures.
E.
Nothing in this section shall be construed as to interfere with the
lawful activities related to Police Department, Fire Department, Emergency
Medical Services or Public Works.
A.
Any person violating § 148-4A shall be guilty of a violation and, upon conviction, shall be liable for a minimum fine of $250 to a maximum fine not to exceed $2,000 per occurrence, and such fine will double for each additional occurrence within a two-year period.
D.
Any person holding a City-issued license will be liable for the suspension
or revocation of such license only upon a hearing by the issuing authority
to determine if such suspension or revocation is warranted and such
penalties to be assessed.
