Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fishkill 1-19-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
DISTRICT
The zoning district within which a particular premises is situated shall be as indicated by Chapter 150, Zoning, and the Zoning Map of the Town in effect at the time of the alleged violation.
A. 
Any excessive or unusually loud sound which injures or endangers the repose, health, peace or safety of a reasonable person or which causes injury to animal life or damage to a person's property or business. The factors which will be employed to determine whether noise is unreasonable are as follows:
(1) 
The noise occurs at night between 8:00 p.m. and 8:00 a.m.
(2) 
The source of the sound is permanent rather than temporary.
(3) 
The noise is of a periodic or impulsive character rather than continued and steady.
(4) 
The noise intrudes into a residential district or any area with sleeping facilities, including residences, apartments, motels, hotels, schools or camps.
(5) 
The duration of the noise is prolonged rather than short.
(6) 
The noise is louder and more intense than the volume and intensity of the background noise prevailing in the residential district.
(7) 
The noise is man-made rather than a sound normally occurring in nature.
B. 
Unreasonable noise emanating from privately owned and occupied property shall be determined at the property boundary line of any person complaining of a violation of this chapter or, if no complainant is known, at the property boundary line of the property from which the alleged unreasonable noise is being created. In the case of unreasonable noise emanating within a multiple residence, such determination shall be made within any adjoining or adjacent apartment or hallway or common area. Unreasonable noise emanating from public property shall be determined at the complainant's property boundary line or, if no complainant is known, at the property boundary line of the property where the noise is being created.
The creation of an unreasonable noise, as defined in this chapter, is prohibited within the Town of Fishkill.
A. 
The following acts are declared to violate this chapter:
(1) 
The sounding of any horn or audible signal device on any automobile, motorcycle, bus or truck while moving or stationary, except as a danger signal.
(2) 
The operation of any radio receiver, television receiver, compact disc player, audio tape player or phonograph or use of any musical instrument in such a manner with such volume as to disturb the quiet, comfort or repose of persons in any dwelling.
(3) 
The keeping of any animal or bird which creates frequent and sustained noise and disturbs the quiet, comfort or repose of any person in any dwelling.
(4) 
The use of any automobile, motorcycle or motor vehicle out of repair, overloaded or equipped in such a manner as to create loud and unnecessary noise such as grating, grinding and rattling.
(5) 
The operation of any noise-creating steam engine, air compressor, punch press, press brake or pneumatic hammer either:
(a) 
On Sundays and legal holidays between the hours of 8:00 p.m. and 8:00 a.m., except in the case of urgent necessity or in the interest of public safety with a temporary permit issued by the Town Clerk with authorization by the Zoning Enforcement Officer; or
(b) 
On all other days between the hours of 9:00 p.m. and 7:00 a.m., except where the operations are conducted indoors and the noise created by such operations is inaudible beyond the property boundaries of the property where the noise originates.
(6) 
Excavation of earth or rock, including the digging and grading attendant thereto, including the processing and transport of such excavated materials or the erection or demolition of any building:
(a) 
On Sundays and legal holidays is not permitted at any time, except in the case of urgent necessity with a temporary permit issued by the Town Clerk upon the recommendation of the Zoning Enforcement Officer; and
(b) 
On all other days is not permitted between the hours of 8:00 p.m. and 7:00 a.m., except in the case of urgent necessity upon the issuance of a temporary permit from the Town Clerk upon the recommendation of the Zoning Enforcement Officer.
(7) 
The creation of any unreasonable noise on any public street or way adjacent to any school, institution of learning, court, public building or church, while the same is in use, or adjacent to any hospital, which noise unreasonably inhibits the public or private functions in any such building.
(8) 
Loud noise caused by voice or any device caused by peddlers, hawkers or vendors which is unreasonable noise or which noise disturbs the quiet, comfort or repose of persons in any dwelling.
B. 
Noise emanating from the operation of motor vehicles on public highways is regulated by the New York State Vehicle and Traffic Law.
A. 
The Code Enforcement Officer of the Town of Fishkill and the Zoning Enforcement Officer shall be empowered to issue appearance tickets to persons for alleged violations of this chapter upon the filing of a sworn complaint by any aggrieved person. Such appearance ticket shall be returnable in the Town of Fishkill Justice Court and may be prosecuted by the Code Enforcement Officer or the Zoning Enforcement Officer according to his discretion. Any duly sworn police officer with jurisdiction in the Town of Fishkill shall also have the authority to issue appearance tickets for alleged violations of this chapter. Alleged violations of this chapter may be prosecuted by the public official who issues the appearance ticket without the requirements of approval by the Town Board of the Town of Fishkill.
B. 
Any person who is convicted of violating this chapter shall be guilty of an offense which shall carry with it the following penalties:
(1) 
First offense: a fine of $25 and a conditional discharge.
(2) 
Second offense: a fine of $50 and a conditional discharge.
(3) 
Third offense: $75, and the court may fix any conditions of sentence in addition hereto as deemed appropriate in the particular case.
C. 
Upon the failure or refusal of the proper enforcement official of the Town to prosecute any such alleged violation or proceeding within a period of 30 days after the sworn complaint is filed with such enforcement official, any three aggrieved persons may institute an action to enjoin such conduct in the Supreme Court, upon the posting of such security as is required by the Court.
A. 
Any person to whom this chapter applies may apply for a variance from the Town Board where there are practical difficulties in the way of carrying out the strict letter of this chapter. Such variance may be granted where the applicant has demonstrated good and sufficient cause for the granting of such variance, which determination shall include consideration of the following factors:
(1) 
The social and economic utility of the activity for which a variance is sought.
(2) 
The degree of noise beyond the standards prescribed in this chapter that the desired variance would extend and the proposed duration of said variance.
(3) 
The reasonably anticipated impacts of the health of residents if such variance is granted.
(4) 
The availability of reasonable measures to mitigate the impact of such activity if the variance is granted.
(5) 
The existence of a permit, permits or approvals that permit the activity for which the variance is sought. The Town Board may attach such conditions to the variance as are appropriate in the particular circumstances presented by the application. The decision by the Town Board must be approved and filed within 30 days of the filing of the application for the variance by the applicant. Any aggrieved person may contest any such decision by the Town Board by an action under Article 78 of the Civil Practice Law and Rules, which must be commenced within 30 days of the filing of such final determination of the variance in the Town Clerk's office.
B. 
Issuance of variances shall be a Type II action under the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.