[HISTORY: Adopted by the Town Board of the
Town of Rotterdam 8-25-1993 by L.L. No. 15-1993; amended in its entirety 9-11-2019 by L.L. No. 16-2019. Subsequent amendments noted where applicable.]
A.
It is hereby declared to be the policy of the Town of Rotterdam to
prevent excessive, unnecessary or unusually loud noises. It is further
declared that the provisions and prohibitions hereinafter contained
and enacted are in pursuance of and for the purpose of preserving,
protecting and promoting the public health, comfort, convenience,
safety, welfare and prosperity and the peace and quiet of the Town
of Rotterdam and its inhabitants. It is the intent of the Town Board
that this chapter will be liberally construed so as to effectuate
the purpose described in this chapter.
B.
This section shall be liberally construed so as to effectuate the
purposes described in this section. Nothing herein shall be construed
to abridge the emergency powers of any Town department or the right
of such department to engage in any necessary or proper activities.
Nothing herein shall abridge the powers and responsibilities of any
Police Department or law enforcement agency to enforce the provisions
of this chapter.
[Amended 9-14-2022 by L.L. No. 6-2022]
This chapter shall not apply to the operation or use of any
organ, radio, bell, chimes or other instrument, apparatus or device
by any church, synagogue or school. This chapter shall not apply to
noise created as a result of snow removal by a snow blower or related
snow-removal machinery, nor to noise created as a result of lawn maintenance
by a lawn mower, lawn tractor, or grass/weed trimmer.
As used in this chapter, the following terms shall have the
meanings indicated:
The sound pressure level in decibels as measured on a sound
meter using the A-weighting network slow response. The level so read
is designated dB(A).
A unit for measuring the volume of a sound and pressure of
sound.
Any mechanism which is intended to produce or which actually
produces sound when operated or handled.
A public disaster or an exposure of any person or property
to imminent danger.
Any gong, siren, whistle, air horn or similar device, the
use of which on emergency vehicles is permitted by Subdivision 26
of § 375 of the New York State Vehicle and Traffic Law.
Sound which is annoying, causes alarm, disturbs a reasonable
person of reasonable sensitivity, unreasonably causes public inconvenience,
or unreasonably disturbs the quiet use and enjoyment of one's life
and property. Such sound includes but is not limited to mechanically
increased volume of sounds of the human voice, musical instruments,
recorded music, or any other mechanically enhanced sound-producing
or -reproducing device, apparatus or device.
Excessive noise also includes incessant or repeated sounds that
have the effect of disturbing the welfare, comfort, peace and quiet
of the community, or any sound in excess of 85 decibels.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which endangers or injures the safety or health of
humans or animals or annoys or disturbs a reasonable person of normal
sensitivities or endangers or injures personal or real property; or
A level of sound which, in each context described either annoys
or disturbs a reasonable person of normal auditory sensitivities,
or is clearly audible outside the residential, real property boundary
from which it originates, or is loud, disturbing, unusual, unreasonable
and unnecessary as well as audible outside the structure or the real
property boundary from which it originates.
It shall be unlawful for any person to make, continue, cause,
permit or allow, verbally or mechanically, any noise disturbance.
The following acts and the causing thereof are declared to be
loud, disturbing or unnecessary noises in violation of this chapter,
but the enumeration herein shall not be deemed to be exclusive:
A.
Horns, signaling devices. The sounding of any horn or other signal
device on any automobile, motorcycle, bus or other vehicle while stationary,
except as a danger signal when an approaching vehicle is apparently
out of control or, if in motion, only as a danger signal after or
as brakes are being applied and deceleration of the vehicle is intended;
the creation by means of any such signal device of any unreasonably
loud or harsh sound or the sounding of any such device for an unnecessary
period of time.
B.
Noisy vehicles. No person shall:
(1)
Use an automobile, motorcycle or other vehicle so out of repair,
so loaded or in such a manner as to create loud, unnecessary grating,
grinding, rattling or other noise;
(2)
Operate any vehicle in such a manner as to cause unnecessary noise
by spinning or squealing the tires or revving the motor of such vehicle;
or
(3)
Modify or cause to be modified the muffler, exhaust system or other
noise-control device of any vehicle in a manner that will increase
the noise emitted by such vehicle above that emitted by the vehicle
when newly manufactured, regardless of the date of manufacture. The
noise-control devices of any vehicle operated in the Town of Rotterdam
shall be maintained and in good working order. No person shall operate
or permit to be operated a vehicle where the muffler, exhaust system
or other noise-control device has been so modified or has not been
maintained.
(4)
No person shall load any garbage or trash on a compactor truck, or
any other truck, whereby the loading, unloading or handling of boxes,
crates, equipment or other objects is conducted within a residential
district nor within 300 feet of any hotel or motel between the hours
of 11:00 p.m. and 6:00 a.m. the following day.
C.
Discharge of exhaust. The discharge into the open air of the exhaust
of any steam engine, stationary internal-combustion engine, motor
vehicle or boat engine or motor, except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
D.
Construction, demolition, excavation. Except in the case of an urgent
necessity in the interest of public safety and then only with a permit
from the Town Building Inspector/Code Enforcement Officer, which permit
may be renewed for a period of three days or less while the emergency
continues, the erection (including excavating), demolition, alteration
or repair of any building shall be prohibited at all times except:
[Amended 9-14-2022 by L.L. No. 6-2022]
E.
Noise near schools, other institutions. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court, while the same is in session, or adjacent to any
hospital, which unreasonably interferes with the workings of such
institutions, provided that conspicuous signs are displayed in such
streets indicating that the same is a school, hospital, church or
court street.
F.
Drums, loudspeakers, similar devices. The use of a drum, loudspeaker
or any other sound-producing instrument or device for the purpose
of attracting public attention by the creation of noise, except where
authorized by special permit to be issued by the Chief of Police,
who shall make reasonable rules and regulations therefor.
G.
Sound reproduction.
(1)
No person shall operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound
amplifier or similar device which produces, reproduces or amplifies
sound so as to produce unreasonable or unnecessary noise at any time,
except for activities open to the public or for the public benefit
and for which permission has been granted by the Town of Rotterdam.
(2)
Said sound reproduction shall be per se unreasonable and unnecessary
if produced:
(a)
Between the hours of 11:00 p.m. and 6:00 a.m. the following
day in such a manner as to create noise that can be heard inside any
residence, regardless of whether the windows of said residence are
open.
(b)
When operated in or on a motor vehicle on a public highway or
in a boat on public waters or by a person on public or private property
that can be heard 50 feet from such device.
(c)
In such a manner as to create noise when operated by any passenger
on a common carrier.
(3)
It shall be prima facie evidence of a violation of this section if
a noise disturbance emanating from such apparatus, machine or device
is:
H.
Shouting. No person shall shout, yell, call, hoot, whistle or sing
on public streets or in public places in such a manner and for such
a period of time as to be unreasonable under the circumstances.
I.
Noise from tools, machinery and heavy equipment in the construction,
repair or alteration of property. The use of domestic or industrial
tools, machinery and equipment of any kind in construction, repair
or alteration of property and resulting in loud grinding, hammering,
sawing and similar noise, which noise can be heard inside any residence,
regardless of whether the windows of said residence are open, shall
be prohibited at all times except:
[Amended 9-14-2022 by L.L. No. 6-2022]
J.
Noise in the conduct of any business. The creation of noise in the
operation, conduct and/or maintenance of any business, factory, plant
yard or manufacturing establishment (except as otherwise provided
in this chapter), including but not limited to excavating, blasting,
grinding, breaking, crushing or processing of any substance (where
permitted), resulting in noise which can be heard inside any residence,
regardless of whether the windows of said residence are open, shall
be prohibited at all times except:
[Amended 9-14-2022 by L.L. No. 6-2022]
K.
The operation of restaurants, taverns, bars and discos.
(1)
No restaurant, tavern, bar, nightclub, disco or other similar use,
whether public or private, shall be conducted so that music or other
noise caused by and/or emanating from said use can be heard:
(a)
Inside any residence between the hours of 11:00 p.m. and 12:00
noon the following day, other than in the building where the premises
are located, regardless of whether the windows of such residence are
open.
(b)
At any other time if said noise is unnecessary or unreasonable
under the circumstances.
(2)
Any corporation, agent, owner, operator or proprietor of such a business
use or other owner, licensee or person in control of any private premises
shall so limit the level of noise emanating from premises.
(3)
Further, it shall be the duty of any such person to disburse any
assembly of persons loitering, drinking alcoholic beverages or otherwise
engaging in loud or disorderly conduct adjacent to or near the premises
or to immediately notify the Town of Rotterdam Police of such conduct.
L.
Fraternities and sororities, dormitories, private clubs, meeting
halls, private residences. No noise from parties, entertainment, music
or social gatherings of any kind, whether public or private, shall
be such that noise caused by and/or emanating from said use can be
heard:
M.
Vibration. Operating or permitting the operation of any device that
creates vibration which is above the vibration perception threshold
of an individual at or beyond the property of the source if on private
property or at approximately 50 feet from the source if on a public
space or public right-of-way. For the purposes of this section, "vibration
perception threshold" means the minimum ground- or structure-borne
vibrational motion necessary to cause a normal person to be aware
of the vibration by such direct means as, but not limited to, sensation
by touch or visual observation of moving objects. This section shall
not apply to construction activities performed in compliance with
all applicable federal, state and any local laws and ordinances.
Any violation of this chapter by any person, firm or corporation
shall constitute a violation and shall be punishable by a fine not
less than $500 and no more than the sum of $1,000 or imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense. Each subsequent violation will be punishable by a fine of
not less than $1,000 nor more than $2,000 or imprisonment for a period
not to exceed 15 days, or both. Each day of continued violation shall
constitute a separate, additional offense.
