[HISTORY: Adopted by the Town Board of the Town of Orangetown 8-17-1981 by L.L. No. 10-1981.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 1C.
Commercial amusement licenses — See Ch. 7.
Conduct in public areas — See Ch. 7A.
Public entertainment — See Ch. 11A.
Hawking and peddling — See Ch. 13.
[1]
Editor's Note: This local law also superseded former
Ch. 22, Noise, adopted 8-13-1973 by L.L. No. 13-1973.
The Town Board of the Town of Orangetown takes cognizance that:
A.
The making and creation of excessive, unnecessary or unusually loud
noises within the limits of the Town of Orangetown is a condition
which has existed for some time and the extent and volume of such
noises is increasing.
B.
The making, creation or maintenance of such excessive, unnecessary
or unusually loud noises which are prolonged, unusual and unnatural
in their time, place and use affect and are a detriment to public
health, comfort, convenience, safety, welfare and prosperity of the
residents of the Town of Orangetown.
C.
The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted is declared as a matter of legislative
determination and public policy, and it is further declared that the
provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the
public health, comfort, convenience, safety, welfare and prosperity
and the peace and quiet of the Town of Orangetown and its inhabitants.
[Amended 11-27-2018 by L.L. No. 16-2018]
A.
It shall be unlawful for any person to make, continue or cause or
permit to be made or continued any unnecessary noise within the limits
of the Town.
B.
"Unnecessary noise" means any excessive or unusually loud sound or
any sound which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of a reasonable person of
normal sensibilities or which causes injury to animal life or damage
to property or business.
[Amended 11-27-2018 by L.L. No. 16-2018]
The following acts are declared to be prima facie evidence of
a violation of this chapter, and are prohibited, but said enumeration
shall not be deemed to be exclusive:
A.
The sounding of any horn or signaling device on any automobile, motorcycle
or other vehicle on any street or public place of the Town of Orangetown,
except as a danger warning.
B.
The playing, using, operating or permitting to be played, used or
operated of any television set, musical instrument, band, music or
audio playback device or other machine or device for the producing
or reproducing of sound, loudspeaker, or sound amplifier, in such
manner as to disturb the peace, quiet, tranquility and comfort of
the neighboring inhabitants or the public at large, as follows:
(1)
Between the hours of 7:00 a.m. and 11:00 p.m., that has a volume
of 80 decibels or greater at the point of alleged disturbance if at
a distance of less than 50 feet, or 70 decibels or greater at the
point of alleged disturbance if at a distance of 50 feet or more,
from the property line of the property of the noise source, or from
the place, device, or vehicle if on the public streets, in which it
is located; or
(2)
Between the hours of 11:00 p.m. and 7:00 a.m., that has a volume
of 60 decibels or greater at the point of alleged disturbance if at
a distance of less than 50 feet, or 40 decibels or greater at the
point of alleged disturbance if at a distance of 50 feet or more,
from the property line of the property of the noise source, or from
the place, device, or vehicle if on the public streets, in which it
is located.
C.
The keeping of any dog or animal which:
(1)
Engages in frequent or long-continued barking, howling or other noise
at 60 decibels or greater at or beyond the property line of the property
of the noise source, or from the place, device, or vehicle if on the
public streets, such that said noise is:
(a)
Between the hours of 10:00 p.m. and 8:00 a.m., of a duration
longer than 10 consecutive minutes, and disturbs the comfort or repose
of any persons in the vicinity; or
(b)
Between the hours of 8:00 a.m. and 10:00 p.m., of a duration
of more than one hour, and disturbs the comfort or repose of any persons
in the vicinity.
D.
Noise at or above the level of 60 decibels at the point of alleged
disturbance on any street adjacent to any school, institution of learning,
church or court while the same is in use, or adjacent to any hospital,
which noise unreasonably interferes with the workings of such institution,
or which noise disturbs or unduly annoys patients in the hospital,
provided that conspicuous signs are displayed in such streets indicating
that the same is a school, hospital or court street.
E.
Any other noise at a level at or above 80 decibels at the point of
alleged disturbance between the hours of 7:00 a.m. and 11:00 p.m.,
which point must be at or beyond the property line of the property
of the noise source if the source is located on private property.
F.
Any other noise at a level at or above 50 decibels at the point of
alleged disturbance between the hours of 11:00 p.m. and 8:00 a.m.,
which point must be at or beyond the property line of the property
of the noise source if the source is located on private property.
G.
Any sound caused by the operation of any lawn mower, leaf blower,
chainsaw, hedge clipper, mulching or chipping machine or such similar
landscaping equipment prior to 7:00 a.m. and after 8:00 p.m. on Monday
through Friday; prior to 8:00 a.m. and after 7:00 p.m. on Saturday;
and prior to 9:00 a.m. and after 7:00 p.m. on a Sunday or legal holiday.
H.
Any sound of any bulldozer, backhoe or other excavation or earthmoving
equipment prior to 7:00 a.m. and after 8:00 p.m. on Monday through
Friday; prior to 8:00 a.m. and after 7:00 p.m. on Saturday; and prior
to 9:00 a.m. and after 7:00 p.m. on a Sunday or legal holiday.
I.
The sound of any power tool, machinery or equipment in use in any
construction project or the repair of any building or in any commercial
activity or manufacturing process not wholly contained within a closed
structure:
(1)
In any zone other than a residential zone, prior to 7:00 a.m. or
after 8:00 p.m.;
(2)
In any residential zone, prior to 7:00 a.m. and after 8:00 p.m. on
Monday through Friday; prior to 8:00 a.m. and after 7:00 p.m. on Saturday;
and prior to 9:00 a.m. and after 5:00 p.m. on a Sunday or legal holiday.
[Added 11-27-2018 by L.L.
No. 16-2018]
The following activities shall be exempt from the provisions
of this chapter:
A.
Operation of snowblowers or other snow-removal equipment at any time
during or within 48 hours of the conclusion of a snowfall.
B.
Work or activity that is necessary to prevent or recover from an
emergency, including, but not limited to, work to repair electric,
gas, water, sewer or telephone services. For purposes of this chapter,
an "emergency" shall mean a public calamity, disaster, extreme weather
event, utility services failure, or such other threat to any person
or property or actual or immediate danger.
C.
The sound produced by any siren, alarm or other warning device operated
by any ambulance service, police or fire department or any governmental
agency when intended to warn the public of any danger or emergency.
E.
The emission of sound by generators during emergencies.
F.
Sounds connected with organized sporting events on public property
or public or private school property, held between the hours of 8:00
a.m. and 10:00 p.m.
[Amended 11-27-2018 by L.L. No. 16-2018]
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 $250 or be imprisoned for a period
not exceeding 15 days or be required to perform up to 50 hours of
community service, or any combination of said penalties.
[Amended 11-27-2018 by L.L. No. 16-2018]
As an additional remedy, the operation or maintenance of any
device, instrument, vehicle or machinery, or activities conducted
at a property in such manner so as to constitute a violation of any
provision hereof which continually, regularly or repeatedly causes
such violation 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.
[Added 11-27-2018 by L.L.
No. 16-2018]
The provisions of this chapter shall be enforced by the Police
Department of the Town of Orangetown, the Town of Orangetown Office
of Building, Zoning, Planning, Administration and Enforcement, or
such other officials as designated by the Town Board.
It is the intention of the Town Board of the Town of Orangetown
that each separate provision of this chapter shall be deemed independent
of all other provisions herein; and it is further the intention of
the Town Board that if any provision of this chapter is declared to
be invalid, all other provisions thereof shall remain valid and enforceable.
This chapter shall become effective immediately upon filing
with the Secretary of State.
