[HISTORY: Adopted by the Board of Trustees of the Village of Cooperstown 11-17-2003 by L.L. No. 7-2003. Amendments noted where applicable.]
This chapter shall be known as the "Cooperstown Noise Ordinance."
The making or creating of disturbing or excessive noise within the limits of the Village of Cooperstown is 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. Therefore, the Board of Trustees of the Village of Cooperstown intends to prohibit excessive and unreasonable noise from all sources subject to its powers in order to preserve, protect and promote health, safety and welfare and the peace, quiet, comfort and repose of persons within the Village.
This chapter is to be construed liberally but is not intended to be construed 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 unreasonable noise.
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 7:00 a.m. the following day.
Noise from a dog or other animal or fowl that is continuous and exceeds 15 minutes.
Noise from a burglar alarm system or other alarm system of any building, motor vehicle or boat that is continuous or repetitive and exceeds 15 minutes. This section shall not apply to audible alarm systems that are designed to detect heat or smoke or in instances where the alarm system is working as intended and an actual or attempted burglary has occurred.
The use of any loudspeaker or sound-reproduction system, the operating or playing of any radio, tape player, television, musical instrument or instruments, or any similar device that reproduces or amplifies sound in such a manner as to be heard 60 feet from its source or over any property line, unless a permit has been obtained from the Village Clerk.
Noise caused by the erection, demolition, alteration or repair of any building between the hours of 10:00 p.m. and 7:00 a.m., except in the case of public safety or emergency.
The operation of gas- or electric-powered equipment or machinery in residential zones outdoors between the hours of 10:00 p.m. and 7:00 a.m., except in the case of public safety or emergency. This section shall not apply to equipment or machinery being used for the removal of snow.
The sounding of any horn or signaling device of any motor vehicle, motorcycle, train or boat, except when required by other statute, which is continuous or repetitive or is apparently being sounded or being used for the purpose of advertisement.
The making of improper or unnecessary noise by operating a motor vehicle in such a manner as to cause the excessive squealing or other excessive noise of the tires.
The operation of an audio device from any motor vehicle at sound levels which may be heard at a distance of 60 feet from the vehicle.
The hawking, peddling or sale of anything by shouting or outcry or by using horns, whistles, bells or any other instrument to attract attention for that purpose within any area of the Village.
The operation, possession or control of a private residence, apartment, apartment building or rental home in which the sound level from any other source, including the congregating of people situated anywhere upon those premises, including any outside patio, porch, deck or lawn area, can be heard 60 feet from its source or over any property line after 10:00 p.m. until 7:00 a.m. the following day. For the purpose of this section, it shall be presumed that the owner, tenant, person or persons in possession or control, and the occupants of the particular premises are jointly or severally permitting such noise.
The operation, management or control of a restaurant, bar, cafe or business establishment that is used as a place of entertainment in which the sound level from any other source, including the congregating of people situated anywhere upon those premises, including any outside patio or deck area, can be heard 60 feet from its source after 11:30 p.m. until 7:00 a.m. the following day.
The provisions of this chapter shall not apply to the following acts:
The emission of sound for the purpose of alerting the public to the existence of an emergency.
Noise from parades, funeral processions, religious services or schools 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 7:00 a.m.
Noise created from municipally sponsored events.
Noise from individually sponsored events where a permit or other relevant permission has been obtained from the Village Clerk.
As used in this chapter, the following terms shall have the meanings indicated:
- Any individual, partnership, company, public or private corporation, association, firm, organization, political subdivision, governmental agency, administration or department, municipality, trust, estate, group of individuals or any other legal entity whatsoever.
- PROPERTY LINE
- Either the imaginary line, including its vertical extension, that separates one parcel of real property from another or the vertical or horizontal boundaries of each apartment or dwelling unit that is one in a multidwelling unit or building.
- UNREASONABLE NOISE
- Any disturbing, excessive or offensive sound which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a person or which causes injury to animal life or damages to business. Standards to be considered in determining whether "unnecessary noise" exists in a given situation include but are not limited to the following:
- A. The volume of the noise.
- B. The intensity of the noise.
- C. Whether the nature of the noise is usual or unusual.
- D. Whether the origin of the noise is natural or unnatural.
- E. The volume and intensity of the background noise, if any.
- F. The proximity of the noise to residential sleeping facilities.
- G. The nature and the zoning district of the area within which the noise emanates.
- H. The time of the day or night the noise occurs.
- I. The time duration of the noise.
- J. Whether the sound source is temporary.
- K. Whether the noise is continuous or impulsive.
- L. The presence of discrete tones.
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.