[HISTORY: Adopted by the Board of Trustees
of the Village of Monroe 7-6-1999 by L.L. No. 3-1999. Amendments noted where
applicable.]
The Village Board finds that unreasonable noise,
as that term is defined herein, degrades the environment of the village
to a degree which is harmful and detrimental to the public health,
safety and welfare of its inhabitants. Such noise interferes with
the comfortable enjoyment of life, property and recreation and with
the conduct and operation of business and industry. No one has the
right to create unreasonable noise as defined herein. Effective control
and elimination of unreasonable noise is essential to the furtherance
of the public health, safety and welfare of the village's inhabitants
and to the conduct of the normal pursuits of life, recreation, commerce
and industrial activity.
For the purpose of this chapter, the terms used
herein are defined as follows:
- CONSTRUCTION
- Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition of buildings or structures.
- EMERGENCY
- Any occurrence or set of circumstances involving actual or imminent physical trauma or danger to human life or property damage which demands immediate action.
- EMERGENCY WORK
- Any work or action necessary to deliver essential services, including, but not limited to, repairing water, gas, electricity, telephone and sewer facilities and public transportation, removing fallen trees on public rights-of-way and abating life-threatening conditions.
- PERSON
- Any individual, corporation, company, association, society, firm, partnership, joint-stock company, the state or any political subdivision, agency or instrumentality of the state.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, road, highway, sidewalk, alley or similar place that is owned or controlled by a governmental entity.
- PUBLIC SPACE
- Any real property or structures located thereon owned or controlled by a governmental entity.
- RESIDENTIAL AREA
- A group of residential properties and the abutting public rights-of-way and public spaces.
- RESIDENTIAL PROPERTY
- Any property used for human habitation.
- SOUND DEVICE
- Any apparatus or device for the making, reproduction or amplification of the human voice or other sounds.
- A. Any airborne sound or series of sounds of such level and duration as to be or which tends to be injurious to human health, safety or welfare or that would unreasonable interfere with the enjoyment of life or property.
- B. Any airborne sound or series of sounds that would endanger the safety or health of or disturb a reasonable person of normal sensitivities or endanger personal or real property.
- C. Any sound or series of sounds so unreasonably loud, noisy, offensive or disruptive as to cause public inconvenience, annoyance or alarm.
- VEHICLE
- Any carrier which is propelled or drawn on hand or water by an engine or motor or other artificial or natural means of propulsion.
- VILLAGE
- The Village of Monroe, Orange County, New York.
A.
It shall be unlawful for any person to willfully make
or continue or cause to be made or continued any loud, unreasonable
or unusual noises which disturbs the peace and quiet of any neighborhood
or which causes discomfort or annoyance to any person residing in
the area.
B.
The following acts are declared to be loud, unreasonable
or unusual noise in violation of this chapter.
(1)
The operation of any radio, electronic device or phonograph
or the use of any musical instrument in such a loud and unreasonable
manner or as to annoy or disturb the quiet, comfort or repose of the
public.
(2)
The keeping of any animal or bird which, by making
frequent or long-continued noise, disturbs the comfort and repose
of people in a residential area.
(3)
The use of any automobile, motorcycle, trail bike,
minibike, snowmobile, bus, vehicle, boat, truck, all-terrain vehicle,
motor-driven equipment or motor-driven vehicle or other type of water
or seagoing vessel in such a manner as to create loud, unreasonable
or unnatural grating, rattling or other noise.
(4)
The blowing of any steam whistle attached to any stationary
boiler except, to give notice of the time to begin and stop work or
as a warning of danger.
(5)
The discharge to the open air or the exhaust of any
steam engine, stationary internal-combustion engineer or motor vehicle
engine, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(6)
The erection, excavation, demolition, alteration or
repair of any building other than between the hours of 7:00 a.m. and
9:00 p.m., prevailing time, weekdays and between the hours of 9:00
a.m. and 9:00 p.m., prevailing time, Saturdays and Sundays, except
in cases of urgent necessity in the interest of public safety as determined
by the Building Inspector or other applicable laws in the Code of
the Village of Monroe.
(7)
The creation of any noise of unreasonable extent and
duration on any street adjacent to any school, institution of learning
or court while the same is in session or adjacent to any hospital
which unreasonably interferes with the workings of such institutions,
provided that conspicuous signs are displayed in such streets indicating
that the same is a school, hospital or court street.
(8)
The creation of a loud and excessive noise in connection
with the loading or unloading of any vehicle or the opening and destruction
of bails, crates and containers in such a manner as to create an unreasonable
noise of unreasonable extent and duration.
(9)
The shouting and crying of peddlers, hawkers and vendors
which unreasonably disturbs the peace and quiet of the neighborhood.
(10)
The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention to any sale or display
of merchandise by the creation of noise.
(11)
The sounding of any horn or signal device on any vehicle,
motorcycle, bus or other device except as a warning signal pursuant
to the provision of Subdivision 1 of § 375 of the Vehicle
and Traffic Law of the State of New York.
(12)
The use of any radio apparatus, loudspeaker, amplifier
or other electronic device attached thereto in such manner that the
loudspeaker shall cause the sound from such radio apparatus or amplifier
to be projected directly therefrom outside of any building or out-of-doors
or the use of any radio apparatus, loudspeaker or amplifier which
is in any way fastened to or connected with any outside wall or window
in any building or structure so that the sound therefrom is projected
outside of such outside wall or window. Nothing herein contained shall
be construed to prevent the operation of a radio apparatus or electronic
device used in a reasonable manner by any person within any building
or structure, provided that said radio apparatus or loudspeaker is
not so arranged that such loudspeaker shall project the sound therefrom
directly outside of any building or out-of-doors.
(13)
The creation of any noise, including yelling, shouting
or hooting, which causes public inconvenience or alarm or disturbs
the public's peace, comfort or tranquility.
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
7:00 a.m. and 9:00 p.m., prevailing time, weekdays and between the
hours of 9:00 a.m. and 9:00 p.m., prevailing time, Saturdays and Sundays.
D.
Sounds created by public utilities in carrying out
operations of their franchises.
E.
Sounds connected with sporting events of any public
or private school or authorized carnival, fair, exhibition, parade
or other such events open to and requested by the public at large
allowed by permit of the Town Board.
F.
Sounds on private property which do not carry beyond
the boundary lines of the property on which they are created.
G.
The use of loudspeakers in connection with voter registration
projects and, within 30 days prior to an election, the use of loudspeakers
in connection with election campaigns between 9:00 a.m. and 8:00 p.m.,
prevailing time.
H.
Between the hours of 7:00 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, unnecessary or unusual noise of an unreasonable extent
and duration.
I.
Sounds created by snowblowers or other snow-removal
devices during hours that necessitate removal of snow; provided, however,
that the operation of such devices is conducted in a reasonable manner
and for a reasonable extent of time.
Whoever violates this chapter shall be fined
not more than $300 nor less than $100 for the first offense. Second
and subsequent offenses shall result in a mandatory fine of $300.
Whoever violates any provision of this chapter shall pay restitution
to the Village of Monroe in an amount equal to all costs and expenses,
including reasonable attorney's fees, incurred by the village in the
prosecution of this chapter.
The provisions of this chapter shall be enforced
by the Police Department of the Village of Monroe or other officials
designated by the Village Board.
No provision of this chapter shall be construed
to impair any common law or statutory cause of action or legal remedy
therefrom of any person for injury or damage arising from any violation
of this chapter.
