[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill 7-11-2005 by L.L. No. 4-2005. Amendments noted where applicable.]
The making and creating of disturbing, excessive, or offensive noises within the jurisdictional limits of the Village are conditions which have persisted, and the level and frequency of occurrences of such noises continue to increase. These noise levels are a detriment to the public health, comfort, convenience, safety and welfare of the citizens. Every person is entitled to an environment in which disturbing, excessive, or offensive noise is not detrimental to his or her life, health, or enjoyment of property. This chapter is to be construed liberally, but it is not intended to be construed so as to discourage the enjoyment by residents of normal, reasonable and usual activities.
No person, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, shall cause, suffer, allow or permit to be made unreasonable noise. For purposes of this chapter, unreasonable noise is any disturbing, excessive, or offensive sound that disturbs a reasonable person of normal sensitivities.
The following acts are declared to be prima facie evidence of a violation of this chapter. This enumeration shall not be deemed exclusive.
Any unnecessary noise from any source between the hours of 10:00 p.m. and 8:00 a.m. the following day.
Noise from a dog or other pet animal that is continuous and exceeds 15 minutes.
Noise from a burglar alarm or other alarm system of any building, motor vehicle, or boat which is continuous and exceeds 15 minutes.
Noise from any form of live entertainment that produces sound in such a manner as to be heard outside the building or commercial business establishment where the sound is being produced.
Noise from any sound-reproduction system, operating or playing any compact disk player, boom box, stereo system, radio, portable radio or tape player, television, tape deck or similar device that reproduces or amplifies sound in such a manner as to be heard outside the building or commercial business establishment where the sound is being produced.
The erection, including excavation, demolition, alteration or repair, of any building other than between 7:00 a.m. and 9:00 p.m., except in the case of a public safety emergency.
The operation of power equipment in residential zones outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following day, and on weekends between 10:00 p.m. and 8:00 a.m. the following day.
The sounding of any horn or signaling device of an automobile, motorcycle or other vehicle for any unnecessary or unreasonable period of time.
The making of improper noise or a disturbance or operating an automobile or motorcycle in such a manner as to cause excessive squealing or other excessive noise of the tires.
Offering for sale anything by shouting or outcrying upon the public streets and sidewalks.
The provisions of this chapter shall not apply to the following acts:
The emission of sound for the purpose of alerting persons to the existence of an emergency;
Noise from municipally sponsored celebrations or events;
Noise from individually sponsored events where a permit for public assembly or other relevant permission has been obtained from the Village Clerk;
The operation or use of any organ, radio, bell, chimes or other instrument, apparatus, or device by any church, synagogue, or school licensed or chartered by the State of New York, provided such operation or use does not occur between the hours of 10:00 p.m. and 8:00 a.m.;
Noise generated by the installation and maintenance of utilities.
Any person who violates any provision of this chapter shall be guilty of a violation and shall be subject to a fine not to exceed $250 for each offense. The Village may also seek injunctive relief to prevent the continued violation of this chapter.