Village of Cornwall-On-Hudson, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cornwall-on-Hudson 11-28-1983 by L.L. No. 8-1983.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 48.
Dogs — See Ch. 69.
Firearms and other weapons — See Ch. 78.
Peace and good order — See Ch. 115.
Peddling and soliciting — See Ch. 118.
Riverfront and park rules and regulations — See Ch. 122.
[1]
Editor's Note: This local law also provided for the repeal of former Ch. 107, Noise, adopted 3-22-1967 as Ch. 41 of the 1967 Code.
For the purpose of this chapter, the terms used herein are defined as follows:
DECIBEL
One-tenth of a bel, and a unit of a level when the base of a logarithm is the 10th root of 10 and the quantities concerned are proportioned to power.
SOUND DEVICE OR APPARATUS
Any apparatus or device for the making, reproduction or amplification of the human voice or other sounds.[1]
UNREASONABLE NOISE
Any sound which would annoy, disturb, injure, or endanger the comfort, repose, health, peace or safety of reasonable persons of normal sensitivities under the circumstances.
[Added 1-24-2005 by L.L. No. 2-2005]
[1]
Editor's Note: The definition of "unnecessary," which immediately followed this definition, was repealed 1-24-2005 by L.L. No. 1-2005.
[Amended 3-18-1991 by L.L. No. 2-1991; 4-18-1994 by L.L. No. 2-1994; 1-24-2005 by L.L. No. 1-2005]
The following acts among others are declared to be unreasonable noises and in violation of this chapter, but the enumeration herein shall not be deemed to be exclusive:
A. 
The playing, using, operating or permitting to be played, used or operated any radio receiver, television, or other device producing or reproducing sound in such manner as to be audible inside any residence, school or building by persons who are not consenting listeners thereto, or at any location when such noise is of a type or volume that a reasonable person, under the circumstances, would find such sound to be "unreasonable noise" as defined by this chapter. The playing, using, operating or permitting the operation of such radio receiver, television or other sound-producing device in such a manner to be audible within any residence between 11:00 p.m. and 8:00 a.m. at a distance of 50 feet or less from the place, building, structure or vehicle from where the sound originates shall be prima facie evidence of a violation of this section.
B. 
The keeping of any animal that causes unreasonably frequent or continuing unreasonable noise.
C. 
The use of any automobile, motorcycle, trail bike, minibike, snowmobile, bus or motor vehicles in such a manner as to create unreasonable noise under the circumstances of its use.
D. 
The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger.
E. 
The discharge into the air of exhaust from any steam engine, stationary internal combustion engine or motor vehicle engine except through a muffler or other device which effectively prevents unreasonable noise from emanating therefrom.
F. 
Construction activities, including the erection, excavation, demolition, alteration or repair during the hours of 9:00 p.m. to 8:00 a.m., except in the case of public necessity, as declared by the Code Enforcement Officer, Mayor or Village Board pursuant to applicable law or decree.
G. 
The creation of unreasonable noise adjacent to any school, place of worship, licensed child-care facility or court, which unreasonably interferes with the activities conducted within such institution.
H. 
The creation of an unreasonable noise in connection with the loading or unloading of any vehicle or trailer, or the opening or destruction of boxes, crates or containers.
I. 
The creation of unreasonable noise by any person selling or offering to sell any product or service.
J. 
The sounding of any horn or signal device on any motor vehicle, trailer or bicycle except as a warning signal pursuant to Subdivision 1 of § 375 of the Vehicle and Traffic Law of the State of New York.
K. 
Creation of unreasonable noise on or in nonresidential lands or buildings, which noise emanates from the use of tools, machinery or activities in the course of the business activity conducted at such premises and is audible inside any other building by persons who are not consenting listeners thereto.
L. 
The operation of any motor vehicle (excluding authorized emergency or public utility vehicles engaged in emergency activities) with a gross weight rating (GVWR) exceeding 10,000 pounds or any auxiliary equipment attached to such a vehicle:
(1) 
For a cumulative period exceeding five minutes in any hour on public or private property while the vehicle is stationary for reasons other than traffic congestion;
(2) 
While such vehicle is idling in one location, or unattended by a licensed driver, between the hours of 11:00 p.m. and 7:00 a.m.;
M. 
The creation of any noise that exceeds 75 decibels at any property line adjoining the lot or place where the noise is created.
[Amended 1-24-2005 by L.L. No. 2-2005]
It shall be unlawful for any person to use or operate, or cause to be used or operated, any sound device or apparatus in, on, near or adjacent to any public street, park or place, for commercial or advertising purposes in connection with a product or service for sale, lease, rent or hire, or for any person to operate any motor vehicle or bicycle, pushcart or trailer, for commercial purposes or advertising of any product or service to the public by means of any sound-producing device. The use of any trade name, service name, business name or corporate name, or an assumed name, in connection with the use of any motor vehicle in the course of such production of noise, shall be presumptive evidence that such noise is created by or at the direction of the person(s) or business entity who is so identified.
The following sounds shall not be deemed to be a violation of this chapter:
A. 
Sounds created by church bells or chimes.
B. 
Sounds created by any government agency by the use of public warning devices.
C. 
Sounds created by lawn mowers between the hours of 8:00 a.m. and 9:00 p.m. weekdays, and 10:00 a.m. and 9:00 p.m. Sundays.
D. 
Sounds created by public utilities in carrying out the operation of their franchises.
E. 
Sounds connected with sporting events, of any public or private school, or authorized carnival, fair, exhibition, parade, etc., allowed by permit of the Village Board.
F. 
Sounds on private property which do not carry beyond the boundary lines of the property on which they are created.
G. 
Use of a sound-producing device in connection with a person's lawful exercise of protected rights of noncommercial speech shall not be deemed to be a violation of this section, unless the prosecution shows that the defendant(s) intended to cause, or recklessly created a risk of causing, unreasonable public inconvenience, annoyance or harm under the circumstances.
[Amended 1-24-2005 by L.L. No. 2-2005]
H. 
Between the hours of 6:00 a.m. and 9:00 p.m., sounds created in the exercise of any trade, industry, business or employment, provided that it is not conducted in such a manner as to create any unreasonable or unnecessary noise of an unreasonable extent and duration.
[Added 3-18-1991 by L.L. No. 2-1991]
The owners of premises upon which prohibited acts occur shall be jointly and severally liable for all violations of this chapter.
Any person violating any of the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
A. 
This chapter shall be administered and enforced by the Police Department.
B. 
Unreasonable noise created on or inside nonresidential buildings, which noise causes public annoyance or injury, or that endangers the comfort, repose, health, peace or safety of the public, is declared to be a nuisance, and the Village Board is empowered to seek injunctive relief against any person or business in addition to any other penalty contained herein to abate any such nuisance.
[Added 1-24-2005 by L.L. No. 2-2005]
This chapter shall supersede and repeal Chapter 41 of the 1967 Code enacted on March 22, 1967.[1]
[1]
Editor's Note: Chapter 41 of the 1967 Code comprised former Ch. 107, Noise, of this Code.