[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.]
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:
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.
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.
