[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 6-1-2022 by L.L. No. 3-2022. Amendments noted where applicable.]
It is the intent of this chapter to allow for outdoor music on a regular basis in certain zoning districts in a manner that reduces the potential adverse impacts associated with outdoor music, particularly on adjoining residential neighborhoods, and will protect the health, safety, and welfare of Town residents. This chapter describes procedures for obtaining a permit for outdoor music, and is intended to operate in conjunction with the regulations of the Town of Poughkeepsie Code Chapter 210 entitled "Zoning."
This chapter is intended to apply to restaurants having outdoor dining facilities. Subject to the conditions set forth in this chapter, outdoor music shall be permitted only as accessory to an outdoor restaurant dining facility which has been approved pursuant to §§ 210- 102 or 210-109.1 of the Town Code in the Highway Business (B-H) and Arlington Town Center (ATC) Zoning Districts. This chapter shall not apply to events for which an event permit has been issued by the Town.
It shall be unlawful for any restaurant having an outdoor dining facility to allow outdoor music of any kind, including live performances, the use of any sound-producing, sound-reproducing, or sound-amplifying device outdoors, or sound amplified from the interior of the principal structure or building that can be heard outdoors, without first having obtained an outdoor music permit for such purpose from the Town Board in accordance with the provisions of this chapter.
An initial outdoor music permit shall be valid through December 31 of the year of issuance, and thereafter on a calendar year basis from January 1 through December 31, unless sooner terminated or revoked. All applications for a renewal of a permit shall be filed 45 days before the expiration of the current permit.
A. 
Any restaurant seeking permission for outdoor music shall make a written application for an outdoor music permit to the Town Clerk, who shall promptly refer the application to the Zoning Administrator for review and comment, which shall be provided within 14 days of receipt of a complete application, and thereafter placed on a Town Board agenda. Applications for outdoor music permits shall be on forms provided by the Town of Poughkeepsie, and shall include the information required by this chapter, including the following:
(1) 
A written statement describing the type, frequency, and source of the proposed outdoor music.
(2) 
Name, signature, telephone number, and e-mail address of the applicant, and of the owner of record, if different. If the applicant is not the owner of record, a letter of authorization from the owner shall be required.
(3) 
Address of the property and Tax Parcel ID number where the outdoor music is proposed.
(4) 
Zoning classification(s) of the property.
(5) 
Approved site plan for the outdoor restaurant dining facility, sufficient to show the measurements between the facility and all property boundaries.
(6) 
Payment of a nonrefundable application fee in accordance with the fee schedule established and periodically reviewed by the Town Board. In no instance shall the filing of an application and payment of an application fee be construed as permission to operate outdoor music.
(7) 
Consent to enter the premises to monitor noise.
(8) 
Such other information and/or documentation deemed necessary by the Town.
B. 
Upon issuance of the permit, the applicant shall sign a copy of the permit, which copy shall be maintained in the Town file, to indicate the applicant's knowledge of any conditions imposed.
A nonrefundable permit fee shall be payable upon issuance of the outdoor music permit in accordance with the fee schedule established and periodically reviewed by resolution of the Town Board.
All permits issued pursuant to this chapter shall be subject to the following conditions and restrictions, whether or not they are itemized on the permit:
A. 
In the ATC and B-H Districts, outdoor music, whether acoustic or amplified, and sound amplified from the interior of the principal structure or building shall be permitted until 10:00 p.m., provided that such music or sound does not exceed 60 dBA measured at a distance of 100 feet from the source of the noise, unless the property boundary is less than 100 feet from the source of the noise, in which case it shall be measured at the property boundary. All measurements shall be made on the A-weighted sound level of a sound level meter with a slow response. This shall supersede the provisions of § 139-5C of the Town Code.
B. 
A true copy of the permit shall be produced at the premises on request of any enforcement officer designated in § 145-8B below.
A. 
Any person who shall violate any provision of this chapter or the terms or conditions of an outdoor music permit, as well as the holder of the outdoor music permit for the site of the violation, shall be guilty of a violation which is punishable as provided in § 145-9 below.
B. 
It shall be the duty of the Town of Poughkeepsie Police Department, the Building Inspector, the Zoning Administrator, and their duly authorized representatives to enforce the provisions of this chapter.
C. 
Appearance tickets. The individuals identified in Subsection B are authorized to issue appearance tickets as defined in § 150.10 of the Criminal Procedure Law, as well as orders to remedy and notices of violation, to enforce the provisions of this chapter.
A. 
Fines.
(1) 
The first violation of this chapter or a permit term or condition shall be punished by a fine of up to $1,000.
(2) 
The second violation of this chapter or a permit term or condition, within 12 months after the first violation, shall be punished by a fine of not less than $1,000 and up to $1,500.
(3) 
Further violations within 12 months after the last violation shall be punished by a fine of not less than $1,500 and up to $2,500.
B. 
Each such act which either continues or is repeated more than 1/2 hour after issuance of written notice of violation of this chapter shall be a separate offense and shall be prosecuted as a separate offense.
C. 
If the violation occurs on the premises of rental property which is occupied by someone other than the owner, then the owner must also be notified in writing that the violation has occurred, within five business days of said violation, except that failure to provide such notice shall not affect the prosecution of the person or persons charged with said violation.
D. 
In addition to any other remedies set forth herein authorizing the Town to enforce the provisions of this chapter, establishing penalties, and setting forth additional remedies, a person charged with the responsibility to enforce the provisions of this chapter may impose a civil fine or agree to a civil fine not to exceed $1,000 per day for each day of the violation. If said civil fine is imposed, then the alleged violator may appeal to the Town Board of the Town of Poughkeepsie.
A. 
The Town, by any enforcement officer designated in § 145-8B above or the Town Board, may suspend or revoke a permit issued pursuant to this chapter if it finds that the applicant or permittee has not complied with any or all of the terms of such permit, has exceeded the authority granted in the permit or has failed to conduct the music in the manner set forth in the approved application.
B. 
The Town shall set forth, in writing, in the file it keeps regarding a permit application, its findings and reasons for revoking or suspending a permit pursuant to this section and provide a copy of the same to the permittee, and the owner, if different.
C. 
Such revocation or suspension shall be in effect until lifted by the Town Board.