[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.]
GENERAL REFERENCES
Animals — See Ch. 70.
Blasting operations — See Ch. 76.
Building construction — See Ch. 80.
Peace and good order — See Ch. 152.
Peddling and soliciting — See Ch. 155.
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:
AMBIENT NOISE
The surrounding or steady background noise, as distinguished from the specific noise which is the subject of the attempted measurement.
[Added 4-19-2022 by L.L. No. 5-2022]
A-SCALE (dBA)
The sound level in decibels measured using the A-weighted network as specified in the American National Standard Specification for sound-level meters.
[Added 4-19-2022 by L.L. No. 5-2022]
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition of buildings or structures.
DECIBEL (dB)
The unit for measuring the volume of sound.
[Added 4-19-2022 by L.L. No. 5-2022]
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.
SOUND-LEVEL METER
Any instrument, including a microphone, amplifier, an output meter, and frequency weighting networks for the measurement of noise and sound levels in a specific manner and which complies with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters.
[Added 4-19-2022 by L.L. No. 5-2022]
UNREASONABLE NOISE
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.
D. 
The subject noise must exceed ambient noise by five decibels or more in any octave band to be declared excessive or unreasonable. Ambient noise levels are herein described for the following zoning districts:
[Added 4-19-2022 by L.L. No. 5-2022]
District
Noise Level
7:00 a.m. to 6:00 p.m.
Noise Level
6:00 p.m. to 7:00 a.m.
SR-20, SR-10, UR-M
50 dBA
45 dBA
CB, VR, GB
75 dBA
65 dBA
E. 
Sound projecting from one zoning district into another zoning district having a lower noise-level limit shall not exceed the limits of the district into which it is projected.
[Added 4-19-2022 by L.L. No. 5-2022]
F. 
When instrumentation cannot be placed at the emanating site, all noise measurements shall be made at the property line of the impacted site.
[Added 4-19-2022 by L.L. No. 5-2022]
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.
(14) 
The use of unmuffled compression release engine brakes in excess of 80 dB(A) within the boundaries of the Village.
[Added 4-19-2022 by L.L. No. 5-2022]
C. 
Methods of measurement used to determine unreasonable noise.
[Added 4-19-2022 by L.L. No. 5-2022]
(1) 
Noise measurements shall be made with a sound-level meter and/or compatible octave band analyzer manufactured according to the specification of the American National Standards Institute, USA Standard Specification for General Purpose Sound Level Meters and Preferred Center Frequencies for Acoustical Measurements, or any subsequent nationally adopted standard superseding the above standards.
(2) 
Except where impractical, sound measurements shall be made from the specific position of the complainant at the premises from which the noise complaints are received and shall be made at a height of at least three feet above the ground and three feet from the walls, barriers, obstructions or other sound-reflective surfaces. Where the nature of the noise permits, the slow response setting shall be used to obtain the noise level on the sound-level meter. The sound analysis curve shall be plotted in decibels upon the noise-rating chart, and the highest portion of the curve in any octave band above a noise-rating curve shall be the noise-rating number for the measurement. The average curve of several noise measurements may be used to plot the sound analysis curve.
(3) 
When detailed sound analysis measurement cannot be made, a measurement of the noise using the A scale of a standard sound-level meter may be made, and the noise-rating number shall be determined by this measurement minus eight decibels.
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 8:00 p.m., prevailing time, Saturdays and Sundays.
[Amended 4-19-2022 by L.L. No. 5-2022]
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.
[Amended 4-19-2022 by L.L. No. 5-2022]
The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer, Building Inspector or the Village of Monroe Police Department (hereinafter, "enforcement officer") as set forth herein. Violations may be established upon verbal or written complaint by at least one person, or may be independently investigated by the Code Enforcement Officer, Building Inspector or police officer upon personal hearing of noise that may violate this chapter.
A. 
Compliance orders. The enforcement officer is authorized to order in writing the remedying of any condition or activity found to exist in this chapter. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. If the condition or activity is not remedied after immediately upon the issuance of the compliance order or within a reasonable time as determined by the enforcement officer, then an appearance ticket may be issued as provided hereinafter.
B. 
Appearance tickets. The enforcement officer is authorized to issue an appearance ticket for any violation of the chapter.
C. 
Penalties for offenses. Any person who violates any provision of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to penalties in a fine of not less than $50 and not more than $250.
D. 
In addition to those penalties prescribed herein, any person who violates any provision of this chapter shall be liable for a civil penalty of not more than $3,000 for each day or part thereof during which such violation continues. The civil penalties provide by this subsection shall be recoverable in an action instituted in the name of the Village.
E. 
If the violation is of a continuing nature, each eight-hour period during which it occurs shall constitute an additional, separate and distinct offense.
F. 
Injunctive relief. An action or proceeding may be instituted in the name of the Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce any provision of, this chapter. In particular, but not by way of limitation, where there is a violation of this chapter, an action or proceeding may be commenced in the name of the Village, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Village Board of Trustees.
G. 
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this chapter. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section.
H. 
In addition to the above-provided remedies, the Village Board may also seek reimbursement to the Village for costs incurred by the Village in identifying and remedying each violation, including but not limited to reasonable attorneys' fees.
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.