[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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
Hawkers; peddlers. The shouting, yelling and crying
of peddlers, hawkers and vendors which disturbs the peace and quiet
of the neighborhood.
I.
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; 4-26-2022 by L.L. No. 2-2022]
Any person violating any of the provisions of
this chapter shall be deemed guilty of a violation and, upon conviction
thereof, shall be fine in an amount not exceeding $1,000 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.
