[HISTORY: Adopted by the Town Board of the Town of Goshen 2-25-1999
by L.L. No. 1-1999. Amendments noted where applicable.]
For the purpose of this chapter, the terms herein are defined as follows:
Any public holiday designated in New York State General Construction
Law § 24.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sound(s).
The following acts are declared to be examples of loud, raucous, disturbing
and unnecessary noises and are prohibited:
A.
The operation of any electronic or other sound-producing
device in such a manner or with such volume as to be plainly audible inside
any residence, school or building by those who are not voluntary listeners
thereto or at any time with louder volume than is necessary for the convenient
hearing of the voluntary listeners thereto in the place, room or vehicle in
which such sound-producing device is operational. The operation of any sound-producing
device in such a manner or with such volume as to be plainly audible inside
any residence between the hours of 11:00 p.m. and 8:00 a.m. at a distance
greater than 50 feet from the sound-producing device shall be prima facie
evidence of a violation of this section.
B.
The sound produced by any animal or bird in such a manner
or with such volume as to be plainly audible inside any residence, school
or building by those who are not voluntary listeners thereto.
C.
The sound produced by the use of any motorized cycle
or vehicle so operated or in such manner as to create loud and unnecessary
grating, grinding, rattling or other noise.
D.
The sound produced by 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.
E.
The sound produced by the discharge into the open air
of the exhaust of any steam engine, stationary internal-combustion engine
or motor vehicle engine, except through a muffler or other device which effectively
prevents loud or explosive noises therefrom.
F.
The sound produced by the erection or construction, including
excavation, demolition, alteration or repair, of any structure other than
between 8:00 a.m. and 8:00 p.m., weekdays, or 9:00 a.m. to 8:00 p.m., weekends
and holidays, prevailing time, except in case of urgent necessity in the interest
of public safety as determined by the Code Enforcement Officer or pursuant
to other applicable law adopted by the Town Board of the Town of Goshen.
G.
The creation of any loud or raucous noise or any unnecessary
noise on any street or public place adjacent to any school or other institution
of learning, place of worship, hospital or court while the same is in session,
provided that conspicuous signs are displayed indicating the existence of
such school, place of worship, hospital or court.
H.
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, crates and containers in such a manner as to create an unreasonable
or unnecessary noise of unreasonable extent and duration.
I.
The sound produced by the shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
J.
The sound produced by 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.
K.
The sounding of any horn or signal device on any vehicle,
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.
L.
Except as otherwise permitted herein, the use of any
sound device, loudspeaker or amplifier in such a manner that the sound is
projected directly therefrom outside of any building or out-of-doors, or the
use of any sound device, 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 wall or window. Nothing
herein contained shall be construed to prevent the operation of a sound device,
loud speaker or amplifier used in a reasonable manner by any person within
any building or structure, provided that said sound device, loud speaker or
amplifier is not so arranged that the sound is projected therefrom directly
outside of any building or out-of-doors.
M.
The creation of any loud or raucous noise which causes
public inconvenience or alarm or disturbs the public's peace, comfort and
tranquility.
N.
Operation of certain motor vehicles.
(1)
The operation of any motor vehicle with a gross vehicle
weight rating (GVWR) in excess of 10,000 pounds or any auxiliary equipment
attached to such vehicle:
(2)
The foregoing is determined to create an unnecessary
and unreasonable noise of an unreasonable extent and duration. This subsection
shall not apply to authorized emergency vehicles or to public utility vehicles
actually engaged in any emergency operations.
O.
The creation of any noise which exceeds 75 dBa at the
adjoining property line.
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, park or place for commercial or business advertising purposes.
The use of any trade, business or corporate name or the name of any person,
proprietor or vendor in such commercial or business advertising shall be presumptive
evidence that such advertising was conducted by that person, business or corporation.
The following sounds shall not be deemed to be a violation of this chapter:
A.
Sounds created by any government agency for a public
purpose.
B.
Sounds created by lawn mowers between the
hours of 8:00 a.m. and 8:00 p.m., prevailing time, weekdays, and 9:00 a.m.
and 8:00 p.m., prevailing time, weekends and holidays.
C.
Sounds created by public utilities in carrying out operation
of their franchises.
D.
Sounds connected with an authorized sporting event of
any public or private school, carnival, fair, exhibition, parade or similar
event, pursuant to a permit issued by the Town Board. Use of loudspeakers
to publicize any such event is permitted pursuant to a permit issued by the
Town Board. Any permit required herein for an event or loudspeaker use must
be obtained at least 48 hours prior to such event or use.
E.
Sounds on private property which do not carry beyond
the boundary lines of the property on which they are created.
F.
Use of loudspeakers in connection with election campaigns
or other political purposes, within 15 days prior to an election and between
8:00 a.m. and 8:00 p.m., prevailing time, provided that an application for
a permit is made to the Town Board and obtained at least 48 hours prior to
such loudspeaker use. Such application shall state the applicant's name and
purpose, and proposed location, hours, duration and volume of such loudspeaker
use.
G.
Sound resulting from exigent or mitigating circumstances
where necessary or required in order to protect the health, safety or welfare
of an individual or the public.
A.
Any violation of any provision of this chapter or of
any term or provision of any permit issued hereunder shall be deemed a violation
of this chapter.
B.
Upon determination that a violation exists, an enforcement
officer shall serve a written notice of violation which orders the remedying
of the violation. Such order shall state the nature of the violation and the
provision or term violated, shall state that immediate compliance is required
and shall state that failure to comply may result in proceedings to compel
compliance and/or assess penalties. Such order shall be served personally
and, if the violation is the result of sound caused by or emanating from real
property, shall be served personally on the property owner or by certified
mail to the last known address of the property owner. If service is by certified
mail, then a copy of the notice of violation shall be posted at the property.
If a person served with a notice of violation fails to cease the violation
within 30 minutes after such service, then such failure shall be deemed a
separate and distinct violation. If such person fails to cease the violation
for an additional 15 minutes or longer after this initial thirty-minute time
period, then each additional fifteen-minute time period shall be deemed a
separate and distinct violation.
The owner of premises upon which prohibited acts occur shall be jointly
and severally liable for all violations of this chapter.
Any person convicted of a violation of this chapter shall, for a first
conviction thereof, be punished by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both; for a second such conviction within six
months thereafter, such person shall be punished by a fine of not more than
$400 or by imprisonment for not more than 15 days, or both; and for a third
or subsequent conviction within six months after the first conviction, such
person shall be punished by a fine of not more than $500 or by imprisonment
for not more than 15 days, or both, for each such conviction.
