[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:
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.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.[1]
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immediately followed this definition, was repealed 1-24-2005 by L.L.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]
