City of Port Jervis, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Port Jervis 12-28-2009 by L.L. No. 12-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 206.
Animals — See Ch. 215.
Peace and good order — See Ch. 398.
[1]
Editor’s Note: This local law also repealed former Ch. 381, Noise, adopted 6-22-1998 by L.L. No. 5-1998 (Ch. 30 of the 1981 Code), as amended.
The making and creating of disturbing, excessive or offensive noises within the jurisdictional limits of the City is a condition which has persisted, and the level and frequency of occurrences of such noises continue to increase. These noise levels are 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. This chapter is to be construed liberally, but it is not intended to be construed as to discourage the enjoyment by residents of normal, reasonable and usual activities.
As used in this chapter, the following terms have the meanings indicated:
SOUND-REPRODUCTION DEVICE
Any device that is designed to be used or is actually used for the production or reproduction of sound, including but not limited to any amplified musical instrument, radio, tape player, compact disc player, phonograph, television, subwoofer, or any other sound-amplifying device.
A. 
No person, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, shall cause, suffer, allow or permit to be made unreasonable noise. For the purpose of this chapter, "unreasonable noise" is any disturbing, excessive or offensive sound that disturbs a reasonable person of normal sensitivities.
B. 
The following acts are declared to be prima facie evidence of a violation of this chapter. This enumeration shall not be deemed exclusive.
(1) 
Any unnecessary noise from any source between the hours of 10:00 p.m. and 7:00 a.m.
(2) 
Noise from a dog or other pet animal that is continuous and exceeds 15 minutes.
(3) 
Noise from any sound-reproduction device, subwoofer, amplified musical instrument, operating or playing any radio, tape player, television, compact disc player, or similar device that reproduces or amplifies sound in such a manner as to be heard 25 feet from its source.
(4) 
The erection, including excavation, demolition, alteration or repair, of any building between 9:00 p.m. and 7:00 a.m. the following day, and on weekends between 9:00 p.m. and 8:00 a.m., except in case of a public safety emergency.
(5) 
The operation of power equipment in residential zones outdoors weekdays between the hours of 9:00 p.m. and 7:00 a.m. the following day, and on weekends between 9:00 p.m. and 8:00 a.m.
(6) 
Vehicles.
(a) 
The sounding of any horn or signaling device of an automobile, motorcycle or other vehicle for any unnecessary or unreasonable period of time.
(b) 
The making of improper noise or disturbance or operating an automobile or motorcycle in such a manner as to cause excessive squealing or other excessive noise of the tires.
(c) 
The use of any automobile, motorcycle or vehicle in such manner or so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling or other noise.
(d) 
The testing of automobile alarms through the sounding of the alarm at an establishment for the installation or repair of automobile alarms located within 100 feet of a residential zoning district, unless said testing occurs within a building in an area within said building which has no open windows or doors during the time of testing or unless a muffler has been attached to said car alarm so as to prevent the emanation of unreasonable noise which would disturb the quiet and comfort of the neighborhood inhabitants. Noise audible at a distance of 50 feet from the source of the noise shall constitute prima facie evidence of a violation of this subsection.
(7) 
Yelling, shouting, loudly conversing, hooting or singing on the public streets of the City or at any time or place so as to annoy the peace, quiet, comfort or repose of persons in the vicinity.
(8) 
The creation of any excessive noise on any street adjacent to any school, institution of learning, church, synagogue, religious institution 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 street indicating that the same is a school, hospital or court street.
(9) 
The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
(10) 
The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood and are unreasonable under the circumstances.
(11) 
Air conditioning, air-handling devices and refrigeration units, including those on trucks, audible at a distance of 50 feet.
(12) 
The creation of unreasonable or unnecessary noise in the operation, conduct and/or maintenance of any business, factory, plant yard or manufacturing establishment (except as otherwise provided in this chapter), including but not limited to excavating, blasting, grinding, breaking, crushing or processing of any substance (where permitted).
The provisions of this chapter shall not apply to the following acts:
A. 
The emission of sound for the purpose of alerting persons to the existence of an emergency. This shall include sounds created by any government agency by the use of public warning devices.
B. 
Noise from municipally sponsored celebrations or events.
C. 
Noise from individually sponsored events where a permit for public assembly or other relevant permission has been obtained from the City.
D. 
The operation or use of any organ, radio, bell, chimes or other instrument, apparatus or device by any church, synagogue or school licensed or chartered by the State of New York, provided that such operation or use does not occur between the hours of 10:00 p.m. and 8:00 a.m.
E. 
Noise generated by the installation and maintenance of utilities.
F. 
Sounds created by lawn mowers, leaf blowers, or other yard maintenance devices with an operating muffler or sound-dissipating device as designed by the manufacturer between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and 8:00 a.m. and 9:00 p.m. on weekends.
G. 
The use of snowblowers or all-terrain vehicles (ATVs) to remove snow.
H. 
The operation of any restaurant, tavern, bar, nightclub, disco or other similar use, whether public or private, provided that:
(1) 
Between the hours of 1:00 a.m. and 12:00 p.m. (noon) that day, no noise shall be caused by and/or emanates from said use such that said noise can be heard inside any residence, regardless of whether the windows of such residence are open; or
(2) 
At any other time, if said noise is unnecessary or unreasonable under the circumstances; and
(3) 
That it also shall be the responsibility any owner, operator or proprietor of such a business use or the owner, licensee or person in control of any private premises to so limit the level of noise emanating from the premises.
I. 
The operation of fraternities and sororities, dormitories, private clubs, and meeting halls in the City shall be conducted so that no noise is caused by and/or emanates from said use:
(1) 
Between the hours of 1:00 a.m. and 12:00 p.m. (noon) that day, such that said noise can be heard inside any residence, regardless of whether the windows of such residence are open; or
(2) 
At any other time, if said noise is unnecessary or unreasonable under the circumstances.
(3) 
That it also shall be the responsibility any owner, operator or proprietor of such a business use or the owner, licensee or person in control of any private premises to so limit the level of noise emanating from the premises.
Any person who violates any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be fined in the following manner.
A. 
First offense: a fine of not less than $100 nor more than $250 or to be imprisoned for a period not to exceed 15 days, or by both such fine and imprisonment.
B. 
Second offense: If the second offense occurs within six months of the first offense, the fine of not less than $200 nor more than $500 or imprisonment not to exceed 15 days, or by such fine and imprisonment.
The City of Port Jervis Police Department or any other authorized law enforcement officer is hereby authorized to temporarily confiscate a sound reproduction device upon the issuance of an appearance ticket for violating the provisions of this chapter as evidence until the prosecution of this violation has concluded.
Enforcement shall be the responsibility of the City of Port Jervis Police Department or any other authorized law enforcement officer.
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitivities or which endangers the comfort or the health or peace of residents in area shall be deemed, and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
Chapter 381, as it now exists, of the City Code of the City of Port Jervis is hereby repealed and this chapter is designated as Chapter 381 of the City Code of the City of Port Jervis in its place and stead.
It is the intention of the Port Jervis Common Council that each separate provision of this chapter shall be deemed independent of all provisions herein; and it is further the intention of the Port Jervis Common Council that if any provision of this chapter be declared to be invalid, all other provisions thereof shall remain valid and enforceable.