[HISTORY: Adopted by the Town Board of the Town of North
Castle 9-26-1985 by L.L. No. 2-1985 (Ch. 137 of the 1987 Code); amended
in its entirety 11-18-2015 by L.L.
No. 9-2015. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Town of North Castle Noise
Control Law."
This chapter shall be deemed an exercise of the police power
of the State of New York and of the Town of North Castle for the protection
of the economic and social welfare, health and peace of the people
of the Town of North Castle, and all its provisions shall be construed
for the accomplishment of that purpose.
It is hereby declared to be the policy of the Town of North
Castle 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
and the enforcement provisions 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.
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others within the Town
of North Castle, New York.
The following acts, among others, are declared to be loud, disturbing
and unnecessary 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.
The using,
playing or operating of, or the permitting to be played, used or operated
of, any receiving or playing radio, television, tape player, compact
disc player, musical instrument, or other machine or device for the
producing or reproducing of sound in such manner or volume as to disturb
the peace, quiet and comfort of the neighboring inhabitants or occupants,
or at any time with louder volume than is necessary for convenient,
normal hearing by the person or persons who are in the room or enclosure
or place in which such equipment or device is operated, and who are
involuntary listeners thereto. The operation of any such set, instrument,
phonograph, machine or device between the hours of 10:00 p.m. and
7:00 a.m. in such a manner as to be distinctly audible to persons
with normal hearing at a distance of 50 feet from the room or building
or structure in which it is located shall be prima facie evidence
of a violation of this section.
C.
The playing,
using or operating of, or the permitting to be played, used or operated
of, any radio, television, tape player, compact disc player, musical
instrument, phonograph, loud speaker, sound amplifier or any other
machine or device or equipment for the producing or reproducing of
voices or sound which is directed to or cast or audible upon the public
streets for the purpose of commercial or business advertising or attracting
the attention of the public or persons passing by to any abutting
or nearby building or structure or place of any commercial or public
operation conducted therein or thereon.
D.
Yelling,
shouting, hooting, whistling or singing on the public streets, parks
or places, or a place of business or other establishment open to the
public, particularly between the hours of 10:00 p.m. and 7:00 a.m.,
or at any time or place so as to annoy or disturb the quiet, comfort,
repose, health or peace of persons in any place of work or in any
dwelling, hotel or other residence, or of any person in the vicinity
of such acts.
E.
Excessive
animal noise which is unreasonably annoying, disturbing, offensive,
or which unreasonably interferes with the comfortable enjoyment of
life or property of one or more persons within reasonable proximity
to the property where the animal(s) is kept. The noise shall be continuously
audible for 20 minutes or intermittently audible for 45 minutes to
be deemed excessive animal noise.
F.
The discharge
into the open air of the exhaust of any steam engine, stationary internal-combustion
engine, air compressor or motor vehicle engine, except through a muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
G.
The operation
of power lawn mowers, rakes or leaf blowers, or other motor-driven
lawn or garden equipment, not including snow removal equipment, between
the hours of 8:00 p.m. and 7:30 a.m., Monday through Friday, and 7:00
p.m. and 9:00 a.m., prevailing time, on Saturdays, Sundays and any
federal holidays.
H.
Construction
work, including but not limited to building, repairing, grading, leveling
and excavating, between the hours of 7:00 p.m. and 7:30 a.m., Monday
through Friday, and 5:00 p.m. and 9:00 a.m. on Saturdays, Sundays
and federal holidays, which by causing frequent or long-continued
noise shall disturb the comfort or repose of any person residing in
the vicinity.
I.
Permitting
the sounding of any vehicle, home or business alarm device to continue
unabated after response from the appropriate security/municipal authority.
J.
Containers
and construction materials. No person shall load, unload, handle,
transport, open, close or destroy any containers or construction material
or other materials in such a manner as to create unnecessary noise
between the hours of 7:00 p.m. and 7:30 a.m., Monday through Friday,
and 5:00 p.m. and 9:00 a.m. on Saturdays, Sundays and federal holidays,
which by causing frequent or long-continued noise shall disturb the
comfort or repose of any person residing in the vicinity.
K.
Squealing
tires. No person shall operate a vehicle in such a manner as to cause
unnecessary noise by spinning or squealing the tires of such vehicle.
The provisions of this chapter shall be enforced by the Police
Department of the Town of North Castle or any agent thereof appointed
by the Town Board.
[Amended 4-29-2020 by L.L. No. 3-2020]
Any person violating any of the provisions
of this chapter shall be deemed guilty of a violation and, upon conviction
thereof, shall be fined in an amount not exceeding $1,000 per day
per violation or be imprisoned for a period not exceeding 15 days,
or both such fine and imprisonment. In addition, any person violating
any of the provisions of this chapter may be subject to judicial prohibition
of the use of the specific noise-producing compressor, recreational
vehicle, motor vehicle, paving breaker, sound-reproduction instrument
or other device complained of for a period not to exceed 60 days.
Each day that such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such.
Any person under the age of 16 years who shall violate any of the
provisions of this chapter shall be deemed to be a juvenile violator.
The operation of vehicles and equipment used by the Town of
North Castle Highway Department in the performance of official duties
shall be exempt from the requirements of this chapter. Gasoline and
fuel delivery trucks are also exempt from the requirements of this
chapter.
