[HISTORY: Adopted by the City Council of the City of Newburgh 11-13-1967 (Ch. 15,
Art. II, of the Code of Ordinances); amended in its entirety 2-29-2013 by Ord. No. 1-2013. Subsequent amendments noted where applicable.]
It is hereby declared to be the policy of the City of Newburgh
to prevent excessive, unnecessary or unusually loud noise which may
jeopardize the well-being, public health, comfort, convenience, safety
and welfare of its citizens and the peace and quiet of its inhabitants.
The provisions and prohibitions hereinafter contained shall not be
utilized or construed in any manner so as to deny or limit any right
or privilege granted and recognized by the First Amendment of the
Constitution of the United States.
No person shall, with intent to cause public inconvenience,
annoyance or alarm, or recklessly create a risk thereof, make any
unreasonable noise.
Unless otherwise indicated by context, the following terms and
phrases shall have the following meanings:
A unit for measuring the volume of sound, equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
20 micronewtons per square meter.
New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas Day.
The sound-pressure level measured in decibels with a sound-level
meter set to a weighting expressed in dB(A).
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under ANSI Specifications S1.4-1971
or the latest approved revision thereof.
Any sound which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of a reasonable person
of normal sensitivities under the circumstances.
The standard or standards to be considered in determining whether
a noise is an unreasonably intrusive noise which constitutes a prohibited
noise shall include, but not be limited to, one or more of the following:
A.
The volume of the noise.
B.
The intensity of the noise.
C.
Whether the nature of the noise is usual or unusual.
D.
Whether the origin of the noise is natural or unnatural.
E.
The volume and intensity of the background noise, if any.
F.
The proximity of the noise to residential sleeping facilities.
G.
The nature and the zoning district of the area within which the noise
emanates.
H.
The time of day or night the noise occurs.
I.
The time duration of the noise.
J.
Whether the noise is temporary.
K.
Whether the noise is continuous or impulsive.
L.
The presence of discrete tones.
The following acts, among others, are declared to be noises
in violation of this chapter, but said enumeration shall not be deemed
to be exclusive:
A.
The sounding of any horn or signal device on any automobile, motorcycle,
bus or other vehicle, except as a warning signal pursuant to the provisions
of the Vehicle and Traffic Law of the State of New York.
B.
Playing, using, operating or permitting to be played, used or operated
any radio, television, phonograph, musical instrument or instruments,
loudspeaker, sound amplifier or other machine or device for the production
or reproduction of sound so as to create an unreasonably intrusive
noise.
C.
Playing, using, operating or permitting to be played, used or operated
any radio, television, phonograph, musical instrument or instruments,
loudspeaker, sound amplifier or other machine or device for the production
or reproduction of sound exceeding 65 dB(A) at any time within a residential
district, or within any other district exceeding 70 dB(A) between
the hours of 10:00 p.m. and 8:00 a.m., Sunday through Saturday, or
exceeding 65 dB(A) between the hours of 11:00 p.m. Saturday and 10:00
a.m. Sunday, or exceeding 65 dB(A) between the hours of 12:01 a.m.
and 11:59 p.m. on holidays, as defined in this chapter.
D.
The keeping or harboring of any animal, fowl or bird which, by causing
frequent or long-continued noise, shall disturb the comfort or repose
of any person residing in the vicinity.
E.
The blowing of any whistle attached to any stationary boiler, except
to give notice of the time to begin work or stop work or as a warning
of danger.
F.
The discharge into the open air of the exhaust of any steam engine,
stationary internal-combustion engine, air compressor, motorcycle
engine or motor vehicle engine, except through a muffler or other
device which effectively prevents loud, unusual or explosive noise,
so as to create unreasonably intrusive noise.
G.
Construction work, including but not limited to building, repairing,
blasting, grading, leveling and excavating, between the hours of 8:00
p.m. and 8:00 a.m., Sunday through Saturday, and between the hours
of 8:00 p.m. Saturday and 10:00 a.m. Sunday.
H.
The operation of power lawn mowers, rakers or leaf blowers or other
motor-driven lawn or garden equipment between the hours of 6:00 p.m.
Sunday and 8:00 a.m. Monday, between the hours of 8:00 p.m. and 8:00
a.m., Monday through Friday, between the hours of 8:00 p.m. Friday
and 9:00 a.m. Saturday, and between the hours of 6:00 p.m. Saturday
and 10:00 a.m. Sunday.
I.
Playing, using, operating or permitting to be played, used or operated
any radio, phonograph, musical instrument, loudspeaker, sound amplifier
or other machine or device for the production or reproduction of sound
which is cast upon the public streets or other public places for advertising,
soliciting or sales purposes.
J.
The use of any drum, bell, loudspeaker or other instrument or device
for the purpose of attracting attention to any solicitation, performance,
show or sale or display of merchandise by the creation of noise, except
bells sounded by licensed mobile vendors, provided that the sound
thereof is not audible more than 300 feet from said vehicle.
K.
The making, continuing, causing or permitting to be made, verbally
or mechanically, any unreasonable, intrusive noise.
L.
No person shall operate a blower or power fan unless any noise resulting
therefrom is properly muffled.
M.
No person shall operate an internal-combustion engine unless the
noise resulting therefrom is properly muffled.
N.
No person shall carry or use upon any vehicle any gong or siren whistle
similar to that used on ambulances or vehicles of the Police or Fire
Department.
All rails, pillars or columns of iron, steel or other material
which are being transported over and along streets or other public
places upon carts, drays, cars, trucks or in any other manner shall
be so loaded as to avoid causing any loud noises or disturbing the
peace and quiet of such streets or other public places.
No person shall drive or propel any motor vehicle in any street
or public place with chains fastened to the wheels in such a manner
that they or any part of them will strike any other part of the vehicle
on the revolution of the wheels or with any other part of such vehicle
so loose or out of repair as to create any loud or unnecessary noise.
A.
Neighborhood of St. Luke's Hospital. The territory included
within the following bounds is created as a hospital or quiet zone:
the north side of Third Street, the south side of First Street, the
west side of Dubois Street, and the east side of Johnson Street. No
person shall create an unreasonable noise within such zone.
B.
Prohibited acts. The following are specifically forbidden within
such zone:
(1)
The operation of any radio, radio device, device for the playing
of prerecorded music or sound, playing of a mechanical or electronic
musical instrument, or the operation of a loudspeaker, amplifier or
mechanical or electronic instrument or sound-producing device of any
kind, except as may be specifically permitted by ordinance or law,
which is so placed and operated that the sounds coming therefrom can
be heard to the annoyance or inconvenience of a reasonable person
within such zone. This section shall apply to any sound originating
from within a premises or from within or on a motor vehicle.
(2)
The calling of wares for sale.
Temporary quiet zones may be established in residential zones by the City Manager, for a period of no longer than 90 consecutive days, in instances where the health, safety or well-being of persons in such zones may be aided thereby. All activities prohibited by § 212-5 of this chapter shall be prohibited in such temporary quiet zones, together with any additional activities as the City Manager may, in his discretion, also deem necessary, under all facts and circumstances, to prohibit during such temporary time period.
The measurement of any sound or noise shall be made with a sound-level
meter using an A-scale decibel level. The measurement shall be conducted
at or within 10 feet of the property line of the property on which
such noise is generated.
Any person violating any provision of this chapter shall, upon
conviction, be punished up to $250 per day for each violation. Each
day that a violation shall continue shall constitute a separate offense.
A.
Nothing in this chapter shall be construed to prevent the production
of music in connection with any military or civic parade, funeral
procession or religious service or the use of any bell, chimes or
other instrument, apparatus or device by any church or synagogue,
or school licensed or chartered by the State of New York, provided
that such production or use does not occur between the hours of 10:00
p.m. and 8:00 a.m. of the following day.
B.
Sounds created by any governmental agency or railroad agency by the
use of public warning devices are exempted from the limitations of
this chapter.
C.
Sounds created by public utilities in carrying out the operations
of their franchise are exempted from the limitations of this chapter.
D.
Sounds connected with organized sporting events of any public or
private school or with City of Newburgh Recreation Department sponsored
or permitted special events or sports programs or other community
sporting activities conducted on school or Village-owned playing fields
are exempted from the limitations of this chapter.
E.
Sounds connected with activities and equipment of the City of Newburgh
Department of Public Works are exempted from the limitations of this
chapter.
The provisions of this chapter shall in no case remove or render
less restrictive limitations on noise generated or other conditions
imposed for specific properties by actions of the City of Newburgh
Planning Board or by the actions of the City of Newburgh Zoning Board
of Appeals or required under other applicable laws or regulations.
The provisions of this chapter shall be enforced by the Police
Department of the City of Newburgh, the Code Enforcement Officers
of the City of Newburgh, the Fire Department of the City of Newburgh,
or other officials designated by the City Manager.
The provisions of this chapter shall be deemed severable. The
finding of the invalidity, illegality or unenforceability of any one
or more provisions hereof shall not be deemed to affect the validity
of the other sections or provisions of this chapter, as long as the
sense thereof remains.
