[HISTORY: Adopted by the Town Board of the Town of New Paltz 6-24-1987
by L.L. No. 5-1987. Amendments noted where applicable.]
It is hereby declared to be the policy of the Town Board to prevent
unreasonably loud, disturbing and unnecessary noise and to reduce noise levels
within the Town so as to preserve, protect and promote the public health,
safety and welfare and to foster convenience, peace and quiet within the Town
by the inhabitants and transients thereof. The Town Board finds that every
person is entitled to have maintained noise levels which are not detrimental
to life, health and the enjoyment of property and that excessive and unnecessary
noise within the Town of New Paltz affects and is a menace to public health,
safety, welfare and the comfort of the people of the Town.
A.
All terminology used in this chapter, not defined below,
shall be in conformance with the applicable publications of the American National
Standards Institute (ANSI) or its successor body.
B.
COMMERCIAL LAND USE CATEGORY
IMPULSIVE SOUND
INDUSTRIAL AREA
MOTORCYCLE
MOTOR VEHICLE
MUFFLER or SOUND-DISSIPATIVE DEVICE
NOISE
NOISE DISTURBANCE
PERSON
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY
RESIDENTIAL AREA
SOUND
WEEKDAY
WEEKEND
As used in this chapter, the following terms shall have
the meanings indicated:
Commercial zoning districts as defined in the Town of New Paltz Zoning
Law.
[1]Sound of short duration, usually less than one second, with an abrupt
onset and rapid decay. Examples of sources of impulsive sound include but
are not limited to explosions, drop forge impacts, bird controlling devices
(clackers) and the discharge of firearms.
Industrial zoning districts as defined in the Town of New Paltz Zoning
Law.
[2]An unenclosed motor vehicle having a saddle for the use of the operator
and two or three wheels in contact with the ground, including but not limited
to motor scooters and minibikes.
Any vehicle which is propelled or drawn on land by a motor, such
as but not limited to passenger cars, trucks, truck-trailers, semitrailers,
campers, go-carts, snowmobiles, amphibious craft on land, dune buggies or
racing vehicles, but not including motorcycles.
A device for abating the sound of escaping gases of an internal combustion
engine.
Any sound which causes or tends to cause an adverse psychological
or physiological effect on humans.
Any sound which endangers or injures the safety of humans or animals
or disturbs a reasonable person of normal sensitivities.
Any individual, association, partnership or corporation, and includes
any officer, employee, department agency or instrumentality of a state or
any political subdivision of a state.
Any street, avenue, boulevard, highway, sidewalk or alley or similar
place which is owned or controlled by a governmental entity.
Any real property or structures which are owned or controlled by
a governmental entity.
An imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned by another
person, but not including intrabuilding real property divisions.
Residential zoning districts as defined in the Town of New Paltz
Zoning Law.
[3]An oscillation in pressure, particle displacement, particle velocity
or other physical parameter in a medium with internal forces that cause compression
and rarefaction of that medium. The description of sound may include any characteristic
of such sound, including duration, intensity and frequency.
Any day Monday through Friday which is not a legal holiday.
Any Saturday, Sunday or legal holiday.
A.
General prohibition. Except as otherwise hereinafter
provided, it shall be unlawful within the limits of the Town of New Paltz
for any person to make, continue, aid, countenance, cause to be made or assist
in making any unreasonably loud, disturbing and unnecessary noise on Sunday
commencing at 8:00 p.m. and continuing through and including Monday at 7:00
a.m. and during the same hours upon each successive evening and morning of
each successive day of the week thereafter through and including Saturday
at 7:00 a.m. and on Saturday commencing at 8:00 p.m. and continuing through
and including Sunday at 9:00 a.m.; provided, however, that the foregoing hours
shall be extended until the hour of 9:00 am. on any day upon which there is
celebrated a legal holiday. Any noise which unreasonably interferes with the
sleep, comfort, repose, health or safety of others is prohibited during the
hours above mentioned.
B.
Specific prohibitions. The following acts are prohibited
and declared to be a violation of this section, said enumeration not to be
deemed exclusive:
(1)
Radio, phonograph or musical instrument: the operation
of any radio, phonograph, sound-producing device or use of any musical instrument
in such a manner or with such volume as to annoy or disturb the quiet, comfort,
health, safety or repose of persons in any dwelling, hotel or other type of
residence.
(2)
Animals and birds: the keeping, in any building or upon
any premises, of any animal, bird or fowl which produces and creates noises
of a degree and kind to disturb the comfort, repose and quiet of neighbors
or persons residing in the vicinity. Persistent barking of dogs confined or
chained on a premises or dogs roaming free on or off the owner's premises
shall be a violation of this chapter. "Persistent barking" is defined herein
as the continuous or intermittent barking of a dog which can be heard on other
premises and which continues for a period of more than one hour. The owners
or occupants of the premises shall be responsible to prevent the dog from
barking or place it in an area where its barking cannot be heard.
(3)
Automobile, motorcycle or vehicle: the use of any automobile,
motorcycle, trail bike, minibike, snowmobile, bus or vehicle so loaded or
in such a manner as to create loud and unnecessary grating, grinding, rattling
or other noise.
(4)
Steam whistle: the blowing of any steam whistle attached
to any stationary boiler, except to give notice of the time to begin or stop
work or as a warning of danger.
(5)
Engine exhaust the discharge into the air of the exhaust
of any steam engine, stationary internal combustion engine or motor vehicle
engine, except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
(6)
Adjacent school, court or hospital: the creation of any
excessive noise on any street adjacent to any school, institution of learning
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 are
school, hospital or court streets.
(7)
Loading and unloading vehicles: the creation of a loud
and excessive noise in connection with the loading or unloading of any vehicle
or the opening and destruction of bales. boxes, crates and containers in such
a manner as to create an unreasonable or unnecessary noise of unreasonable
extent and duration.
(8)
Peddlers, hawkers and vendors: the shouting and crying
of peddlers, hawkers and vendors which disturbs the peace and quiet of the
neighborhood.
(9)
Loudspeakers: the use of any drum, loudspeaker or other
instrument or device for the purpose of attracting attention to any sale or
display of merchandise by the creation of noise.
(10)
Guns, firecrackers or combustible substances: the firing
or discharging of a gun, firecracker, gunpowder or other combustible substance
within the limits of the Town of New Paltz with the intention and for the
purpose of making noise or for the purpose of attracting attention, except
upon some special celebration or occasion, in which latter event the permission
of the Town Board shall first be obtained and, if granted, shall indicate
specifically the date, time and place that such activity is authorized.
(11)
Sound trucks: the creation of any sound or noise from
any device known as a "sound truck" or motor vehicle containing an amplifying
system whereby sounds, music or words are transmitted upon the public streets
or highways of the Town of New Paltz, unless specific permission therefor
is obtained from the Town Board, which such permit, if and when issued, shall
indicate the specific dates and times that the operation of such sound truck
or movable amplifying system shall be authorized.
(12)
Horn or signal: the sounding of any horn or signal device
on any vehicle, motorcycle, bus or other device except as a warning signal,
pursuant to the provisions of Subdivision 1 of § 375 of the Vehicle
and Traffic Law of the State of New York.
(13)
Radio apparatus, talking machine or loudspeaker: the
use of any radio apparatus, talking machine, loudspeaker or amplifier attached
thereto in such a manner that the loudspeaker shall cause the sound from such
radio apparatus or talking machine to be projected directly therefrom outside
of any building or out of doors or the use of any radio apparatus, talking
machine, loudspeaker or amplifier which is in any way fastened to or connected
with any outside wall or window in any building or structure so that the sound
therefrom is projected outside of such outside wall or window. Nothing herein
contained shall be construed to prevent the operation of a radio apparatus
or talking machine used in a reasonable manner by any person within any building
or structure, provided that said radio apparatus or talking machine or loudspeaker
is not so arranged that such loudspeaker shall project the sound therefrom
directly outside of any building or out of doors.
(14)
Demolition work: the erection, including excavation,
demolition, alteration or repair, of any building other than between 7:00
am. and 9:00 p.m., except in the case of urgent necessity in the interest
of public safety as determined by the applicable laws in the Code of the Town
of New Paltz.
(15)
Construction work: in the process of any building operations
between the hours of 8:00 p.m. and 7:00 a.m., to operate or use any pile driver,
steam shovel, pneumatic hammer, derrick, steam or electrical hoist or other
apparatus, the use of which is attended by loud or unusual noise, except by
authorization pursuant to a resolution of the Town Board and then only granted
in the event of an emergency.
(16)
Sound device prohibitions: It shall be unlawful for any
person to use or operate, or cause to be used or operated, any sound device
or apparatus in, on, near or adjacent to any public street, part or place
for commercial or business advertising purposes or for any person to operate
or drive any automobile, truck or other vehicle for commercial or business
advertising by means of any sound device or apparatus. The use of any trade,
business or corporate name or business advertising shall be presumptive evidence
that such advertising was conducted by that person, business or corporation.
(17)
Annoying sounds: the creation of any noise which causes
public inconvenience or alarm or disturbs the public's peace, comfort or tranquillity.
(18)
Loudspeakers or amplifiers for advertising, the using,
operating or permitting to be placed, used or operated of any radio receiving
set, musical instrument phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which is cast
upon the public streets for the purpose of commercial advertising or attracting
the attention of the public to any building or structure, except as otherwise
permitted by the Town of New Paltz.
(19)
Yelling, shouting, etc.: yelling, shouting, hooting,
whistling or singing on the public streets, particularly between the hours
of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb
the quiet, comfort or repose of persons in any office or in any dwelling,
hotel or other type of residence or of any persons in the vicinity.
(20)
Exhausts: the discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine, motorboat or motor
vehicle except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
(21)
Schools, courts, churches or hospitals: the creation
of any excessive noise on any street adjacent to any school, institution of
learning, church or court while the same is in use or adjacent to any hospital,
which unreasonably interferes with the workings of such institution or which
disturbs or unduly annoys patients in the hospital, provided that conspicuous
signs are displayed in such streets indicating that the same are school, hospital
or court streets.
(22)
Domestic animals: the harboring, maintenance, ownership
or occupation, with the permission of a property owner or of property owners,
of domestic animals, including but not limited to barking dogs, emitting excessive
noises which annoy, disturb, injure or endanger the comfort, repose, health,
peace or safety of any resident or residents at any time within the Town.
A.
The following sounds shall not be deemed to be a violation
of this chapter:
(1)
Sounds created by church bells or chimes.
(2)
Sounds created by any government agency by the use of
public warning devices.
(3)
Sounds created by lawn mowers between the hours of 8:00
a.m.and 9:00 p.m. weekdays and 10:00 a.m. and 9:00 p.m. Sundays.
(4)
Sounds created by public utilities in carrying out the
operation of their franchises.
(5)
Sounds connected with sporting events or any public or
private school or authorized carnival, fair, exhibition, parade, etc., allowed
by permit of the Town Board.
(6)
Sounds on private property which do not carry beyond
the boundary lines of the property on which they are created.
(7)
The use of loudspeakers in connection with voter registration
projects and, within 30 days prior to an election, the use of loudspeakers
in connection with election campaigns between 9:00 a.m. and 8:00 p.m. prevailing
time.
(8)
Between the hours of 6:00 a.m. and 9:00 p.m., sounds
created in the exercise of any trade, industry, business or employment, provided
that it is not conducted in such a manner as to create any unreasonable or
unnecessary noise of an unreasonable extent and duration.
B.
Nothing contained in this chapter shall be construed
to prevent the production of music in connection with any military, civic
or authorized parade, funeral procession or religious ceremony nor to prevent
any musical performance conducted by consent of the Town Board. The provisions
of this chapter shall not apply to any authorized motor vehicle.
The Town Board is hereby authorized, by resolution, to suspend any of
the provisions of this chapter in connection with any holiday celebration
or upon any occasion of special public interest for such time and upon such
conditions as shall be prescribed by the Town Board.
The word "person," as used in this chapter, shall mean and include one
or more persons of either sex, natural persons, corporations, partnerships,
associations, joint-stock and membership societies and all other entities
capable of being sued.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days, or by both such fine and
imprisonment. The continuation of an offense against any provision of this
chapter shall constitute a separate and distinct offense hereunder for each
period of 24 hours the offense is continued.
This chapter shall be administered and enforced by the Town of New Paltz
Police Department or any police department created by the Town of New Paltz.