Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fallsburg by L.L. No. 5-1993 (Ch. 65, Art. I, of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 85.
Dogs — See Ch. 112.

§ 197-1 Prohibited noises.

It shall be unlawful, in the Town of Fallsburg, at the times and in the manner as hereinafter more specifically set forth for any person to make or cause to be made or assist in making any loud and disturbing and unnecessary noise disturbing the public, such as ringing of bells, sounding of gongs, beating of drums, blowing of whistles, honking of horns, operating of amplifiers or other sound-producing devices, operating blaring radios and playing music outside the home and facing onto the public street. Further, it shall be unlawful for individual persons to fire guns or use fireworks at the times as hereinafter set forth. It shall be further unlawful for persons to operate gasoline or diesel engines, pile drivers, jackhammers, compressors and heavy equipment such as bulldozers, backhoes and loaders at the time and in areas as herein more specifically set forth. It shall be unlawful for owners of dogs, cats and other animals to permit them to make disturbing noises and sounds at the times and places as hereinafter set forth.

§ 197-2 Specific acts constituting unnecessary noises.

The following acts are declared to be a violation of this chapter and are hereby prohibited in that no person shall cause, suffer, allow or permit the operation of any source of sound in such a manner as to create a sound level that exceeds 60 dBA when measured at or within the real property line of the complainant's property.
A. 
The ringing of bells, sounding of gongs or blowing of whistles or horn or drum other than musical instruments when used as part of a band of music or except to give necessary signals upon a motor vehicle, bicycle or similar vehicle during the hours from 10:00 p.m. to 6:00 a.m.
B. 
The maintenance and operation upon any premises, within the Town of Fallsburg of any radio, amplifier, amplifying system or speakers, which is maintained and operated for advertising purposes or for the purpose of attracting the attention of the passing public and in which that sound can be heard to the annoyance or inconvenience of residents between the hours of 10:00 p.m. and 6:00 a.m.
C. 
The playing of music by any band or orchestra or sound-producing device or the operation of any radio, television receiver or phonograph in such a manner and with such volume between the hours of 10:00 p.m. and 6:00 a.m. so as to annoy or disturb the quiet, comfort, rest or repose of persons in any dwelling or other type of residence located in the Town of Fallsburg.
D. 
The playing of music by any band or orchestra or sound-producing device which unreasonably interferes with sleep, comfort, repose, health or safety of others between the hours of 10:00 p.m. and 6:00 a.m.
E. 
The use of human voices in shouting, singing, chanting, whistling or bellowing individually or in groups so as to disturb the rest and repose of others during the hours of 10:00 p.m. and 6:00 a.m.
F. 
The firing or discharging of a gun, fireworks, gunpowder or other combustible substance within the Town of Fallsburg 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, permission of the Town of Fallsburg shall first be obtained, and, if granted, such permit shall indicate specifically the date, time and place that such activity is authorized.
G. 
In the process of any building operations between the hours of 10:00 p.m. and 6:00 a.m., the operation or use of any pile driver, pneumatic hammer, compressor, derrick, electrical hoist, bulldozer, backhoe, loaders, heavy equipment or apparatus, the use of which is attended by loud or unusual noise except by written authorization pursuant to a resolution of the Town Board and then only to be granted in the event of an emergency.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
The creation of loud or excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers between the hours of 10:00 p.m. and 6:00 a.m., except in the I-1 Light Industrial and HI-1 Heavy Industry Districts, there shall be no restriction to such operations.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
The operation by a person, firm or corporation of a gasoline or diesel engine in standing position or in a vehicle in residential areas for a time in excess of 10 minutes during the hours from 10:00 p.m. to 6:00 a.m.
J. 
The operation by any persons of lawnmowers, leaf blowers, "weedwackers," rototillers and the like are forbidden between the hours of 10:00 p.m. and 6:00 a.m.
K. 
The keeping except in a properly enclosed 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 in the vicinity, except in agricultural zoned areas, where these restrictions shall not apply.

§ 197-3 Specific noises prohibited at all times.

A. 
The creation of any excessive noise on any street adjacent to any public or parochial school or hospital is prohibited, provided that conspicuous signs are displayed on such street indicating that the same is a school or hospital zone and that quiet is required.
B. 
The creation of any sound or noise from any device known as a sound truck or motor vehicle controlled or operated, portable or movable amplifying system whereby sounds, music or words are transmitted by means of any motor vehicle upon the public streets of the Town of Fallsburg is prohibited 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.

§ 197-4 Nonapplicability.

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 nor to prevent any musical performance conducted under the consent of the Town Board by permit in writing after the filing of an application for that purpose, which said application shall set forth the purpose, name of organization or individual requesting same and a detailed description of the project.

§ 197-5 Authority of the Board.

The Town Board is hereby authorized to suspend by written order 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 it.

§ 197-6 Penalties for offenses.

Any person, firm, corporation, organization or group committing an offense against any provision of this chapter shall, upon conviction thereof, be punished pursuant to the punishment described in § 1-4 of the Code of the Town of Fallsburg.