Town of Blooming Grove, NY Article III Amplified Sound

§ 158-14 Registration required.

It shall be unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate within the Town a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without first filing a registration statement and obtaining approval thereof as set forth in this article.

§ 158-15 Requirements and duties.

A. Registration statements; filing. Every user of sound-amplifying equipment shall file a registration statement with the Town Clerk 21 days prior to the date on which the sound-amplifying equipment is intended to be used (but the Clerk, in his discretion, may waive the time period), which statement shall contain the following information:

(1) The name, address and telephone number of both the owner and user of the sound-amplifying equipment;

(2) The maximum sound producing power of the sound-amplifying equipment, which shall include the wattage to be used, the volume in decibels of sound which will be produced and the approximate distance for which sound will be audible from the sound-amplifying equipment;

(3) The license and motor number if a sound truck is to be used;

(4) A general description of the sound-amplifying equipment which is to be used; and

(5) Whether the sound-amplifying equipment will be used for commercial or noncommercial purposes.

B. Registration statements; approval. The Town Clerk shall return to the applicant an approved certified copy of the registration statement unless he finds that:

(1) The conditions of the motor vehicle movement are such that use of the equipment would constitute a detriment to traffic safety; or

(2) The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or

(3) The registration statement reveals that the applicant would not be able to comply with the provisions of this chapter.

C. Registration statement; disapproval. In the event that the registration statement is disapproved, the Town Clerk shall endorse upon the statement his reasons for disapproval and return it forthwith to applicant. The applicant may, within five days thereafter, appeal to the Town Board, who may, after a public hearing thereon held after five days public notice, either approve or disapprove the application.

§ 158-16 Fees. [1]

Prior to the issuance of the registration statement, a fee as set by resolution of the Town Board from time to time shall be paid to the Town, if the loudspeaker or sound-amplifying equipment is to be used for commercial purposes. No fee shall be required for the operation of a loudspeaker or sound-amplifying equipment for noncommercial purposes.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 158-17 Regulations.

The commercial and noncommercial use of sound-amplifying equipment shall be subject to the following regulations:

A. The only sounds permitted shall be either music or human speech, or both.

B. The operation of sound-amplifying equipment shall only occur between the hours of 8:00 a.m. and 10:00 p.m. each day, except on Sundays and legal holidays. No operation of sound-amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound-amplifying equipment for noncommercial purposes on Sundays and legal holidays shall only occur between the hours of 10:00 a.m. and 9:00 p.m.

C. No sound emanating from sound-amplifying equipment shall exceed 15 dbA above the ambient as measured at any property line.

D. It shall be unlawful to operate any sound-amplifying equipment within 200 feet of churches, schools, hospitals or municipal or County buildings.

E. In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitivity within the area of audibility.