[HISTORY: Adopted by the Common Council of
the City of Amsterdam 9-2-1986. Amendments noted where applicable.]
A.
The Common Council finds that:
(1)
Unnecessary noise degrades the environment of the
city to a degree which:
(2)
No one has any right to create unnecessary noise.
(3)
Effective control and elimination of unnecessary noise
is essential to the furtherance of the health and welfare of the city's
inhabitants and to the conduct of the normal pursuits of life, recreation,
commerce and industrial activity.
B.
The Common Council recognizes that many inhabitants
of the City of Amsterdam must sleep during the daylight hours in order
that they may be employed in the nighttime and that infants, invalids
and illness require that unnecessary noise be eliminated; and the
Council is mindful of the fact that a busy city creates sufficient
noise by its own activity which cannot be eliminated. Therefore, it
is in the public interest that unnecessary noise, especially unnecessary
recreational noise, be eliminated within the corporate limits.
C.
It shall be an expression of the legislative intent
of this Council that the proliferation of portable radios and tape
players being played outside of dwellings, upon the public way, on
public sidewalks and in parks and plaza areas and on porches and steps
of buildings be discouraged. Individuals that find it necessary to
operate these devices out of doors at loud levels should operate them
with headsets or headphones attached so that the persons who desire
to listen to these devices may enjoy them in comfort and that they
not be permitted to create a nuisance in the neighborhood. It is also
an expression of the legislative intent of this Council that commercial
establishments which provide live entertainment or jukebox entertainment
or entertainment through some sound amplification system be discouraged
from having such entertainment audible outside of said premises and
on the public ways and streets and be specifically discouraged from
loud or noisy entertainment being conducted with their doors open
to the public way.
D.
It shall also be an expression of the legislative
intent of this Council to discourage the use of any horn or signaling
device on any automobile, motorcycle or other vehicle, except as a
danger warning, especially to discourage the use of a vehicle horn
in closely settled neighborhoods to signal a resident to come down
or out of a building, except in a situation where the driver of the
vehicle, due to disability, is incapable of leaving the vehicle to
go to the door of the residence to be addressed.
A.
It shall be unlawful for any person within the City
of Amsterdam to make, continue or cause to be made or continued any
loud, unnecessary or unusual noise which either annoys, disturbs or
endangers the comfort, repose, health, peace or safety of others within
the limits of the city.
B.
The following acts are declared to be loud, disturbing
and unnecessary noises in violation of this section:
(1)
Vehicles.
(a)
Horns and signaling devices. The sounding of
any horn or signaling device on any automobile, motorcycle or any
other vehicle within the City limits, except as a danger warning;
the creation by means of any such signaling device of any unreasonably
loud or harsh sound, the sounding of any such device for an unnecessary
and unreasonable period of time; the use of any horn, whistle or other
device operated by engine exhaust; and the use of any such signaling
device when traffic is for any reason held up. Authorized emergency
vehicles may use warning sounds. Weddings, parades and other organized
events which customarily use motor vehicles and sound their horns
during the event are excepted from the operation of this chapter.
[Amended 7-6-2010 by Ord. No. 2010-2]
(b)
Engine exhausts. The discharge into the open
air within the city of the exhaust of any steam engine, gasoline engine,
stationary internal combustion engine or any other type of engine,
motorboat or motor vehicle, except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
(c)
Vehicles (trucks/trailers) equipped with combustion-engine-powered
refrigeration units. While recognizing that the operation of said
units is required to protect the contents of perishable cargo during
transportation and delivery, the operation of said units for any purpose
other than transportation and delivery is prohibited. Transportation
is defined as a vehicle operating in traffic on a public road or highway.
Delivery is defined as loading/unloading. Delivery processes shall
be limited to a period of time not to exceed two hours. This section
does not apply to property located in an industrial park or when refrigeration
is needed on a temporary basis due to power outages or repair to a
refrigeration system but not for a period of greater than seven days.
[Added 7-6-2010 by Ord. No. 2010-2]
(2)
The construction or repairing of buildings. The creation
of noise associated with an excavation, demolition, alteration or
repair of any building within the city, other than between the hours
of 6:00 a.m. and 9:00 p.m., except in the case of urgent necessity
or the interest of public health and safety, and then only with a
permit from the Building Inspector, which permit may be renewed for
periods of three days while the emergency continues.
(3)
Loudspeakers, amplifiers, paging systems, portable
radios and portable tape players; sound on the streets. The playing,
using or operating or permitting to be played, used or operated of
any radio receiver, musical instrument, phonograph, loudspeakers,
sound amplifier or other machine or device for the producing or reproducing
of any sound which is cast upon the public streets, sidewalks, parks,
plaza areas or any public areas of the city. Permits for the operation
of these devices may be obtained for the conduct of any approved event
or celebration. Practice sessions by school bands or loudspeakers
used at organizational, athletic or scholastic events are exempt from
the operation of this chapter.
(4)
Radios and phonographs: use on private property. Playing,
using, operating or permitting to be played, used or operated any
radio receiving set, musical instrument, phonograph, tape player,
television receiving set or other machine or device for the producing
or reproducing of sound is prohibited if such sound is loud enough
to be clearly heard 25 feet from the boundary of the property on which
the sound is produced or reproduced.
(5)
Yelling and shouting. Yelling, shouting, loudly conversing,
hooting or singing on the public streets of the city at any time or
place so as to annoy the peace, quiet, comfort or repose of persons
in any office or in any dwelling or any other type of residence or
of persons within the vicinity, within the limits of the city.
The permits authorized by this chapter may be
obtained from the office of the City Clerk, who shall promulgate the
necessary regulations relating thereto.
A.
It shall be unlawful for any person to willfully make
or continue or cause to be made or continued any loud or unnecessary
or unusual noises, hereinabove defined, which disturb the peace and
quiet of any neighborhood or which cause discomfort or annoyance to
any reasonable person of normal sensitiveness residing in the area.
B.
The standard which may be considered in determining
whether a violation of the provisions of this section exist may include
but not be limited to the following:
(1)
The level of the noise.
(2)
Whether the nature of the noise is usual or unusual.
(3)
Whether the origin of the noise is natural or unnatural.
(4)
The level and intensity of the background noise, if
any.
(5)
The proximity of the noise to residential sleeping
facilities.
(6)
The nature and zoning of the area within which the
noise emanates.
(7)
The density of the inhabitation of the area within
which the noise emanates.
(8)
The time of day and night the noise occurs.
(9)
The duration of the noise.
(10)
Whether the noise is recurrent, intermittent or constant.
Any person, firm or corporation violating any
provision of this chapter shall be fined not less than $50 nor more
than $500 for each offense, and a separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
The Police Department may, in its discretion, confiscate the offending
device at the scene of the offense, and the return of said device
shall be in the sound discretion of the court.
