[HISTORY: Adopted by the Board of Trustees of the Village of Menands 10-7-2002
by L.L. No. 4-2002. Amendments noted where applicable.]
A.
It is hereby declared to be the policy of the Village
of Menands to prevent excessive, unnecessary or unusually loud noises. It
is further declared that the provisions and prohibitions hereinafter contained
and enacted are in pursuance of and for the purpose of preserving, protecting
and promoting the public health, comfort, convenience, safety, welfare and
prosperity and the peace and quiet of the Village of Menands and its inhabitants.
B.
This chapter shall be liberally construed so as to effectuate
the purposes described in this section. Nothing herein shall be construed
to abridge the emergency powers of any Village department or the right of
such department to engage in any necessary or proper activities. Nothing herein
shall abridge the powers and responsibilities of any Police Department or
law enforcement agency to enforce the provisions of this chapter.
This chapter shall not apply to the operation or use of any organ, radio,
bell chimes or other instrument, apparatus or device by any church, synagogue
or school.
A.
The creation of any unreasonably loud, disturbing and
unnecessary noise is prohibited. Said noise shall be prohibited when it is
of such character, intensity and duration or of any type or volume that a
reasonable person would not tolerate under the circumstances and that is detrimental
to the life, health or welfare of any individual or would cause or create
a risk of public inconvenience, annoyance or alarm.
B.
The following acts and the causing thereof are declared
to be loud, disturbing and unnecessary noises in violation of this chapter,
but the enumeration herein shall not be deemed to be exclusive:
(1)
Horns and signaling devices: the sounding of any horn
or other signal device on any automobile, motorcycle, bus or other vehicle
while stationary, except as a danger signal when an approaching vehicle is
apparently out of control or, if in motion, only as a danger signal after
or as brakes are being applied and deceleration of the vehicle is intended;
the creation by means of any such signal device of any unreasonably loud or
harsh sound or the sounding of any such device for an unnecessary period of
time.
(2)
Noisy vehicles. No person shall:
(a)
Use an automobile, motorcycle or other vehicle so out
of repair, so loaded or in such a manner as to create loud, unnecessary grating,
grinding, rattling or other noise;
(b)
Operate any vehicle in such a manner as to cause unnecessary
noise by spinning or squealing the tires or revving the motor of such vehicle;
or
(c)
Modify or cause to be modified the muffler, exhaust system
or other noise-control device of any vehicle in a manner that will increase
the noise emitted by such vehicle that produces unnecessary or unreasonable
noise. The noise-control devices of any vehicle operated in the Village shall
be maintained and in good working order. No person shall operate or permit
to be operated a vehicle where the muffler, exhaust system or other noise-control
device has been so modified or has not been maintained.
(3)
Recreational vehicles, including snowmobiles: No person
shall operate or permit to be operated any motor-powered recreational vehicle
not licensed for operation on public streets pursuant to the Vehicle and Traffic
Law:
(a)
On private property of another without the express prior
written consent of the owner and the occupants of said property. Such consent
may be revoked at any time by the grantor thereof. Where such express prior
written consent has been obtained, the operator or person at the site responsible
for such operation shall keep said consent on his person and available for
immediate display at all times during the period of such operation. Excepted
from the operation of this subsection are any private clubs or other organizations
that permit the operation of recreational motor vehicles on their property
in connection with the principal use of said property by the members of any
such club or organization.
(b)
On any public grounds or property, including Village-
or school-owned land, which shall include but not be limited to parks, ball
parks and recreation areas.
(c)
In such a manner as to create unnecessary noise so as
to unreasonably disturb or interfere with persons in the peaceful and quiet
enjoyment of their property.
(d)
In a careless, reckless or negligent manner so as to
endanger the safety or property of any person.
(4)
Discharge of exhaust: the discharge into the open air
of the exhaust of any steam engine, stationary internal-combustion engine,
motor vehicle or boat engine or motor, except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
(5)
Construction, demolition and excavation: the erection,
including excavating, demolition, alteration or repair, of any building other
than between 7:00 a.m. and 9:00 p.m., except in case of any urgent necessity
in the interest of public safety.
(6)
Noise near schools and other institutions: the creation
of any excessive noise on any street adjacent to any school, institution of
learning, church 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, church or court street.
(7)
Loading or unloading: the creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening and
destruction of bales, boxes, crates and containers.
(8)
Hawking and peddling: the shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood
and is unreasonable under the circumstances.
(9)
Drums, loudspeakers and similar devices: the use of a
drum, loudspeaker or any other sound-producing instrument or device for the
purpose of attracting public attention by the creation of noise, except where
authorized by special permit to be issued by the Chief of Police, who shall
make reasonable rules and regulations therefor.
(10)
Sound reproduction: no person shall operate, play or
permit the operation or playing of any radio, television, phonograph, drum,
musical instrument, sound amplifier or similar device which produces, reproduces
or amplifies sound as to produce unreasonable or unnecessary noise at any
time, except for activities open to the public or for the public benefit and
for which permission has been granted by the Village.
(11)
Animals: no person shall keep, permit or maintain any
animal under his control that causes unnecessary noise by continued barking,
howling or other animal noises.
(12)
Shouting: no person shall shout, yell, call, hoot, whistle
or sing on public streets or in public places in such a manner and for a period
of time as to be unreasonable under the circumstances.
(13)
Noise from tools, machinery and heavy equipment in the
construction, repair or alteration of property: the use of domestic or industrial
tools, machinery and equipment of any kind in construction, repair or alteration
of property, other than between 7:00 a.m. and 9:00 p.m., resulting in loud
grinding, hammering, sawing and similar noise shall be prohibited if said
noise is unnecessary or unreasonable under the circumstances.
(14)
Noise in the conduct of any business: the creation of
unreasonable or unnecessary noise in the operation, conduct and/or maintenance
of any business, factory, plant yard or manufacturing establishment (except
as otherwise provided in this chapter), including but not limited to excavating,
blasting, grinding, breaking, crushing or processing of any substance (where
permitted).
(15)
The operation of restaurants, taverns, bars and discos.
(a)
No restaurant, tavern, bar, nightclub, disco or other
similar use, whether public or private, shall be conducted so that unreasonable
or unnecessary music or other noise is caused and/or emanated from said use.
(b)
Any owner, operator or proprietor of such a business
use or the owner, licensee or person in control of any private premise shall
so limit the level of noise emanating from the premises.
(c)
Further, it shall be the duty of any such person to disperse
any assembly of persons engaged in loud, disturbing and unnecessary noises
while loitering, drinking alcoholic beverages or otherwise engaging in lewd
or disorderly conduct adjacent to or near the premises or to immediately notify
the police of such conduct.
(16)
Fraternities and sororities, dormitories, private clubs,
meeting halls and private residences: No noise from parties, entertainment,
music or social gatherings of any kind, whether public or private, shall be
such that noise caused by and/or emanating from said use can be heard between
the hours of 9:00 p.m. and 7:00 a.m. the following day inside any residence,
regardless of whether the windows of such residence are open, or at any other
time if said noise is unnecessary or unreasonable under the circumstances.
A.
In those cases of unreasonable noise, other than violations of § 75-3B(1), (2), (3) and (4), the person or persons responsible shall be advised of any conduct prohibited herein by the police or any Village officer authorized to enforce the provisions of this chapter. After such warning, if any party shall continue or repeat said conduct or similar conduct, he shall be in violation of this chapter.
B.
It shall be sufficient if said warning is oral and/or
in person or over the telephone.
If any party shall knowingly violate the provisions of this chapter
or engage in conduct in violation of this chapter, he shall be punished by
a fine not to exceed $100 for the first offense, and $250 or by imprisonment
for not more than 15 days, or both, for any offense thereafter. Each incidence
of any violation of a provision herein shall constitute a separate offense.
A.
It shall be the duty of the Village of Menands Police
Department to enforce the provisions of this chapter.
B.
If a violation of this chapter shall occur in the presence
of a Village of Menands police officer, he shall issue an appearance ticket,
as set forth in §§ 150.10 to 150.75 of the Criminal Procedure
Law, based upon a written statement by the complainant.
C.
If any violation for which a complaint is received does
not occur in said officer's presence, the complainant shall have
the right to sign an accusatory instrument for submission to the Village Court
for appropriate action.
