[HISTORY: Adopted by the Town Board of the Town of Stony Point 11-9-1982 by L.L. No. 4-1982. Amendments noted where applicable.]
The Town Board of the Town of Stony Point takes cognizance that the making and creating of excessive, unnecessary or unusually loud noises within the limits of the Town of Stony Point is a condition which has existed for some time, and the extent and volume of such noise is increasing; the making, creating or maintaining of such excessive, unnecessary or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the Town of Stony Point; and the necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Town of Stony Point and its inhabitants.
It shall be unlawful for any person to make, continue or cause to be made or continued any excessive, unnecessary, unusually loud or disturbing noise within the limits of the town.
The following acts are declared to be excessive, unusually loud, unusually disturbing and unnecessary noises in violation of this chapter:
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the Town of Stony Point except as a danger warning, the sounding of any such device for an unnecessary and unreasonable period of time and the use of any such signaling device when traffic is for any reason held up.
Radios, television sets, tape recorders, bands, public-address systems, etc. The playing, using, operating or permitting to be played, used or operated of any radio receiving set, television set, musical instrument, band, tape recorder, phonograph, public-address system or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, tranquility and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for the convenient hearing of the person or persons who are in the place, room, vehicle or chamber in which such set, machine, instrument, band or device is played or operated and who are voluntary listeners thereto. The playing or operating of any such set, tape recorder, instrument, band, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 50 feet from the place, building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
Loudspeakers; amplifiers for advertising. The playing, using, operating or permitting to be played, used or operated of any radio receiving set, television set, musical instrument, band, tape recorder, phonograph, loudspeaker, sound amplifier or other machine or device for the purpose of producing or reproducing sound, which is placed upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
Yelling and shouting. Yelling and shouting on the public streets between the hours of 11:00 p.m. and 7:00 a.m. or at any other time or at any other place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity.
Animals. The keeping of any dog or other animal which, by causing frequent or long-continued barking or other noise, shall disturb the comfort or repose of any persons in the vicinity.
Motor vehicle and motor device machinery. The operating of a motor vehicle, motorcycle or motorbike or other internal-combustion-powered vehicle or machine without a proper and appropriate muffler or other noise-deadening device or with any inadequate muffler or noise-deadening device. Any such internal-combustion engine that is clearly audible at a distance of 50 feet from the location of the vehicle or machine, or, if the machine is on private property, a distance of 50 feet; from the border of said property, between the hours of 7:00 p.m. and 7:00 a.m. shall be prima facie evidence of a violation of this section.
Schools; courts; churches; hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church 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 streets indicating that the same is a school, hospital or court street.
Hawkers; peddlers. The shouting, yelling and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
Firearms; firecrackers; explosive devices. The repeated discharge of firearms on any premises or the setting off of fireworks or other explosive devices within the town is expressly prohibited except where such action is:
[Amended 6-8-1999 by L.L. No. 7-1999]
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $250 or imprisonment not to exceed 15 days, or both.
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof which causes discomfort or annoyance to reasonable persons who are residents in the 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.