[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.
A.
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.
B.
The following acts are declared to be prima facie
evidence of a violation of this chapter. This enumeration shall not
be deemed exclusive.
(1)
Any unnecessary noise from any source between the
hours of 10:00 p.m. and 8:00 a.m. the following day.
(2)
Noise from a dog or other pet animal that is continuous
and exceeds 15 minutes.
(3)
Noise from a burglar alarm or other alarm system of
any building, motor vehicle, or boat which is continuous and exceeds
15 minutes.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
The sounding of any horn or signaling device of an
automobile, motorcycle or other vehicle for any unnecessary or unreasonable
period of time.
(9)
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.
(10)
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:
A.
The emission of sound for the purpose of alerting
persons to the existence of an emergency;
B.
Noise from municipally sponsored celebrations or events;
C.
Noise from individually sponsored events where a permit
for public assembly or other relevant permission has been obtained
from the Village Clerk;
D.
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.;
E.
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.
