[Amended 12-4-1989; 9-6-1990; 1-24-1991]
It shall be unlawful for any person to make,
continue or cause or permit to be made or continued any unreasonable,
unnecessary or unusual noise, between the hours of 6:00 a.m. and 8:00
p.m., which either annoys, disturbs, injures or endangers the comfort,
repose, health, peace or safety of a reasonable person of normal sensitivities
or to make, continue or cause to be made or continued, between the
hours of 8:00 p.m. and 6:00 a.m., whether in the operation of any
machine or the exercise of any trade or calling or in the use of or
operation of any radio, receiving set, musical instrument, phonograph,
television set or other machine or device for the production or reproduction
of sound or otherwise, any noise which either annoys, injures or endangers
the comfort, repose, health or safety of a reasonable person of normal
sensitivities, unless the making and continuing of the same shall
be necessary for the reasonable protection or preservation of life
or property or for the health, safety or life of some person or made
in connection with governmental functions or activities conducted
in furtherance of the public health, safety, welfare or convenience.
It shall be unlawful for any person to ring
any hand bell, beat or strike any pan, pail or other like article
or sound any gong or blow any whistle or horn or other than musical
instruments when used as part of a band of music except to give necessary
signals upon a street car, motor vehicle, motorcycle, bicycle or similar
vehicle or to hawk, cry or call out the sale of goods at auction or
otherwise or to gain passengers for any cab, hack, taxi or other vehicle
or to make, aid, continue, encourage or assist in making any other
or unusual noise upon any street or other public place or in close
proximity thereto so as to be distinctly and loudly audible upon any
such street or place in the City of Albany.
[Amended 12-4-1989]
Subject to the limitations enumerated below,
no person, while on public or private grounds on or adjacent to a
school, hospital, court or place of worship, shall willfully make
or assist in the making of any noise or diversion which disrupts or
tends to disturb the peace or good order of the activities within.
A.
Schools: while any class thereof or other instruction
is in session.
B.
Hospitals or similar institutions: while medical services,
including counseling, are being provided.
C.
Courts: during the hours of the court or while otherwise
in session.
D.
Places of worship: during the hours of worship or
while otherwise conducting religious services.
It shall be unlawful for any person to carry
or use upon any vehicle any gong or siren whistle similar to that
used on ambulances or vehicles of the Police and Fire Departments.
[Amended 9-6-1990]
It shall be unlawful for any person to own,
keep and have in his possession or harbor any dog which by frequent
or habitual howling, yelping, barking or otherwise shall cause serious
annoyance or disturbance to a reasonable person of normal sensitivities
or to the neighborhood.
[Amended 12-4-1989]
A.
No person shall use or operate or cause to be used
or operated, in front of or outside any building, place or premises,
or in or through any window, doorway or opening of such building,
place or premises, or upon any public street or place or on any vehicle
thereon, any device or apparatus for the amplification of sounds from
any radio, phonograph or other sound-making or sound-reproducing device
without a permit from the Chief of Police. The Chief of Police, in
exercising his discretion, may withhold a permit if he has reasonable
cause to believe that the permit will foster a violation of this article.
B.
No such permit shall be issued for operation of the above-mentioned sound devices within 250 feet of a school, hospital or similar institution, court or place of worship during the times specified for these institutions in § 255-26 if the production of such sound will disrupt or tend to disturb the peace or good order of the activities within.
[Amended 9-6-1990]
It shall be unlawful for any person operating
a motor vehicle, motorcycle or omnibus, as they are defined in the
Vehicle and Traffic Law of the State of New York, to use a horn or
other device for signaling except in a reasonable manner as a danger
warning, and it shall be unlawful for any person having the management
and control of any motor vehicle, motorcycle or omnibus to produce
or cause, suffer or allow to be produced by means of such horn or
other signaling device a sound which shall be unreasonable or unnecessarily
loud or harsh or shall continue for an unnecessary and unreasonable
period of time.
[Amended 12-4-1989; 9-6-1990]
It shall be unlawful for any person to make,
aid or encourage or assist in making any unusual, unnecessary or improper
noise, riot or disturbance in any street or public place to the annoyance
or inconvenience of travelers, or to reasonable persons of normal
sensitivities residing adjacent thereto, nor shall any person use
any profane, obscene or vulgar language in any street or public place.
[Amended 12-4-1989]
It shall be unlawful for any person conducting any building operations between the hours of 10:00 p.m. and 7:00 a.m. to operate or use any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoists or other apparatus, the use of which is attended by loud or unusual noise, except upon written permission from the Commissioner of Buildings and then only in case of emergency. In accordance with Chapter 11, Appearance Tickets, of the Code of the City of Albany, the Commissioner of Buildings, the Deputy Commissioner of Buildings, the Deputy Commissioner of Code Enforcement, Building Inspectors and Code Enforcement Inspectors are authorized to issue warnings and appearance tickets for violations of this section as set forth in § 255-34. Such violation will be subject to the penalties provided in § 255-35 of this article.
If any section or part or provision of any section
of this article shall be declared unconstitutional or invalid or ineffective
by any court of competent jurisdiction, such declaration shall be
limited to the section, part or provision directly involved in the
controversy in which such declaration was made and shall not affect
any other section, provision or part thereof.
[Added 12-4-1989; amended 6-5-2006 by Ord. No. 43.31.06[1]]
A.
Any person violating any of the provisions of this article may first be issued a verbal or written warning of violation by any police officer or other person authorized hereunder, who shall require that the violation immediately cease. If the violator, upon demand, fails to comply or for a second violation by the same violator within a thirty-day period, such violator shall, upon conviction thereof, be guilty of a violation and subject to the penalties provided in § 255-35 of this article.
B.
Any person who observes or has knowledge of a violation
of this article may file a signed deposition, under oath, with a police
officer, specifying the objectionable conduct, the date thereof, and
the name and address, if known, of the alleged violator. A police
officer shall investigate each complaint and, if the complaint is
supported by probable cause, issue a notice of violation therefor.
C.
The Chief of Police may promulgate such rules and
regulations as may be necessary to carry out the provisions of this
section.
[1]
Editor's Note: This ordinance provided an
effective date of 8-1-2006.
[Amended 12-4-1989; 10-4-2021 by L.L. No. 18-2021(Q-2021)]
Any person violating any of the provisions of
this article as defined herein shall be guilty of a violation and,
upon conviction thereof, shall be liable for a fine or imprisonment
not exceeding 15 days, or to both such fine and imprisonment. For
a first conviction under this article, the person so convicted shall
be liable for a fine not to exceed $250. For a second conviction under
this article, the person so convicted for a second time shall be liable
for a fine not to exceed $500. For a third conviction under this article
and for all such further convictions, the person so convicted for
a third or subsequent time shall be liable for a fine not to exceed
$1,000 per conviction.
