No person shall make, cause, allow, or permit
to be made any unreasonable noise within the geographical boundaries
of the Town or within those areas over which the Town has jurisdiction
between the hours of 10:00 p.m. and 7:00 a.m. except as otherwise
provided herein. The standards to be considered in determining whether
an unreasonable noise exists include, but are not limited to, the
following:
B. The frequency of the noise;
C. The periodicity of the noise;
D. Whether the noise is unusual and incongruous with
the surrounding environment;
E. The volume and frequency of the ambient noise, if
any;
F. The proximity of the noise source to any residential,
educational, medical, religious or judicial facility;
G. The use, nature and character of the zoning district
of the immediate area where the noise source exists;
H. The time of day or night the noise occurs; and
I. The duration of the noise.
In addition to the general prohibitions set forth in §
149-5 hereof, any of the following acts and causes thereof which either annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities are declared to be in violation of this chapter and to constitute unreasonable noise:
A. No person shall operate or use or cause to be operated
any loudspeaker, public-address system or similar amplification device
at a sound level in excess of 50 dBA when measured at or within the
real property line of the receiving property between the hours of
10:00 p.m. and 7:00 a.m., except when used in connection with a public
emergency by officers of the Security Force, a Police Department,
Fire Department or of any municipal entity.
B. Using or operating any sound reproduction device in
excess of 50 dBA when measured at or within the real property line
of the receiving property or within the real property line of the
receiving property between the hours of 10:00 p.m. and 7:00 a.m. for
commercial or business advertising purposes or for the purposes of
attracting attention to any performance, show or sale or display of
merchandise in connection with any commercial operation in front or
outside any building, place or premises, or through any aperture of
such building, place or premises, abutting on or adjacent to any public
right-of-way, or in or upon any vehicle operated, standing or being
in or on any public right-of-way, or from any stand, platform or other
structure, or from any airplane or other device used for flying over
the Town of Clifton Park, or on any public right-of-way. Nothing in
this subsection is intended to prohibit sound emanating from sporting,
hunting or public entertainment or other public events where such
devices are used except as otherwise provided.
C. No animal or bird owner or custodian shall permit his or her animal or bird to cause annoyance, alarm, or noise disturbance for more than 15 minutes' duration between the hours of 10:00 p.m. and 7:00 a.m., by repeated barking, whining, screeching, howling, braying or other like sounds which can be heard beyond the boundary of the owner's property. Nothing herein shall be deemed to supersede the provisions of Chapter
92 of the Town Code, except that only one complaint, from a single person, shall be required as the basis for enforcing the provisions of this Subsection
C.
D. The creation of any noise disturbance between the
hours of 10:00 p.m. and 7:00 a.m., including, but not limited to,
shouting, yelling, calling, or hooting so as to annoy or disturb the
quiet, comfort and repose of a reasonable person of normal sensibilities.
E. Self-contained, portable, hand-held music or sound
amplification or reproduction equipment shall not be operated on a
public space or public right-of-way in such manner as to be plainly
audible at a distance of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 7:00 a.m.
F. No person shall cause or permit the creation of any
noise disturbance between the hours of 10:00 p.m. and 7:00 a.m. by
means of any device or otherwise on any sidewalk, street or public
place adjacent to any school, court, house of worship, public library
or adjacent to any hospital or nursing home so that such sound disrupts
the normal activities conducted at such facilities or disturbs or
annoys persons making use of such facilities.
G. No person shall engage in, cause or permit the loading,
unloading, opening, closing or other handling of boxes, crates, containers,
building materials or similar objects between the hours of 10:00 p.m.
and 7:00 a.m. which creates sound in excess of 50 dBA when measured
at or within the residential real property line of the receiving property.
H. No person shall cause or permit to be caused the sounding
of any horn or other auditory signaling device on or in any motor
vehicle except to serve as a warning of imminent danger between the
hours of 10:00 p.m. and 7:00 a.m. where such sound is plainly audible
across a residential property line.
I. No person shall operate or permit to be operated any
tools or equipment used in construction, drilling, excavations or
demolition work, between the hours of 10:00 p.m. and 7:00 a.m., where
such sound is plainly audible across a residential property line,
except the provisions of this section shall not apply to emergency
work.
In addition to the general prohibitions set forth in §
149-5 hereof and those specific prohibitions set forth in §
149-6 hereof, the following general prohibitions regarding continuous sound levels shall apply in determining unreasonable noise:
A. No person shall make, cause, allow, or permit the operation of any source of sound in any public space or right-of-way in such a manner as to create a sound level that exceeds 50 dBA for more than five minutes' duration between the hours of 10:00 p.m. and 7:00 a.m. when measured at or within the real property line of the receiving property, except as provided in Subsection
B.
B. When measuring sound within a dwelling unit of a multi-dwelling-unit
building, all exterior doors and windows shall be closed and the measurements
shall be taken in the center of the receiving room.