[HISTORY: Adopted by the Council of the City
of Schenectady 10-24-1983 by Ord. No. 83-88; amended in its entirety 6-26-2006 by Ord. No.
2006-6. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 124.
Dances and dance halls — See Ch. 142.
Dogs and other animals — See Ch. 144.
Explosives — See Ch. 152.
Nuisances — See Ch. 183.
Peace and good order — See Ch. 192.
Peddlers and vendors — See Ch. 194.
Vehicles and traffic — See Ch. 248.
Ice cream truck vendors — See Ch. 251.
A.
It is hereby declared to be the policy of the City
of Schenectady 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 Schenectady 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 City 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.
B.
Said noise shall be prohibited when it is of such
character, intensity and duration or of a 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.
It shall be unlawful for any person to willfully
make or continue, or cause to be made or continued, any loud, unnecessary,
unreasonable or unusual noise, or to permit any other so to do, which
disturbs the peace or quiet within the geographical boundaries of
the City of Schenectady, or which causes discomfort or annoyance to
any reasonable person of normal sensitiveness. For the purposes of
this chapter, it shall be presumed that the owner, tenant, person
or persons in possession or control, and the occupants of the particular
premises, are, jointly or severally, permitting such noise. Prohibited
noises may arise from the following activities, but the following
list shall not be deemed to be exclusive:
A.
Horns, 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.
B.
Noisy vehicles. No person shall:
(1)
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;
(2)
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
(3)
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 above that emitted
by the vehicle when newly manufactured, regardless of the date of
manufacture. The noise-control devices of any vehicle operated in
the City of Schenectady 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.
C.
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.
(1)
On the private property of another without the express
prior written consent of the owner and the occupancy 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;
(2)
On any public grounds or property, including City
or school-owned land, which shall include but not be limited to parks,
ball parks and recreation areas;
(3)
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. To this end, no person shall
operate a recreational motor vehicle before the hour of 9:00 a.m.
and after the hour of 9:00 p.m.; or
(4)
In a careless, reckless or negligent manner so as
to endanger the safety or property of any person.
D.
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.
E.
Construction, demolition, excavation. The erection,
including excavating, demolition, alteration or repair, of any building
other than between 6:00 a.m. and 9:00 p.m., except in case of an urgent
necessity in the interest or public safety and then only with a permit
from the City Engineer, which permit may be renewed for a period of
three days or less while the emergency continues.
F.
Noise near schools, 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.
G.
Loading, 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.
H.
Hawking, 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.
I.
Drums, loudspeakers, 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.
J.
Sound reproduction.
(1)
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 so 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 City of Schenectady.
(2)
Said sound reproduction shall be per se unreasonable
and unnecessary if produced:
(a)
Between the hours of 11:00 p.m. and 6:00 a.m.
the following day in such a manner as to create noise that can be
heard inside any residence, regardless of whether the windows of said
residence are open;
(b)
In such a manner as to create noise that can
be heard 50 feet from such device, when operated in or on a motor
vehicle on a public highway or in a boat on public waters or by a
person on public or private property; or
(c)
In such a manner as to create noise when operated
by any passenger on a common carrier.
K.
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 that can be heard in any other
residence, regardless of whether the windows of such residence are
open.
L.
Shouting. No person shall shout, yell, call, hoot,
whistle or sing on public streets or in public places in such a manner
and for such a period of time as to be unreasonable under the circumstances.
M.
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 and resulting in loud grinding, hammering,
sawing and similar noise shall be prohibited:
N.
Noise in the conduct of any business. The creation
of 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), shall be prohibited:
(1)
Between the hours of 9:00 p.m. and 6:00 a.m. the following
day, if said noise can be heard inside any residence, other than in
the building where the premises are located, regardless of whether
the windows of said residence are open; or
(2)
At any other time if said noise is unnecessary or
unreasonable under the circumstances.
O.
The operation of restaurants, taverns, bars and discos.
[Amended 8-14-2006 by Ord. No. 2006-7]
(1)
No restaurant, tavern, bar, nightclub, disco or other
similar use, whether public or private, shall be conducted so that
music or other noise caused by and/or emanating from said use can
be heard:
(a)
Inside any residence between the hours of 11:00
p.m. and 12:00 noon the following day, other than in the building
where the premises is located, regardless of whether the windows of
such residence are open except in the Downtown Schenectady Improvement
District where such hours shall be between 1:00 a.m. and 12:00 noon
the following day on Fridays, Saturdays, and any night immediately
preceding a legal holiday as defined by New York State General Construction
Law § 24.
(b)
At any other time if said noise is unnecessary
or unreasonable under the circumstances.
(2)
Any owner, operator or proprietor of such a business
use or the owner, licensee or person in control of any private premises
shall so limit the level of noise emanating from the premises.
(3)
Further, it shall be the duty of any such person to
disburse any assembly of persons loitering, drinking alcoholic beverages
or otherwise engaging in lewd or disorderly conduct adjacent to or
near the premises or to immediately notify the Schenectady Police
of such conduct.
P.
Fraternities and sororities, dormitories, private
clubs, meeting halls, private residences, parties and other social
events.
(1)
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:
(2)
It shall be unlawful for any person in charge of a
party or other social event that occurs on any private or public property
to allow that party or event to produce noise in a loud, annoying
or offensive manner such that noise from the party interferes with
the comfort, repose, health or safety of members of the public within
any building or outside of a building, or recklessly creates the risk
thereof, at a distance of 25 feet or more from the source of such
sound.
(a)
For the purposes of this section, a person "in
charge of a party or other social event":
[1]
That occurs on any public property shall include
the person or persons who obtained permission to utilize that property
for that event.
[2]
That occurs on private property shall include
the person who owns the premises involved and any adult person who
lives in or on the premises involved in such party or social event.
(b)
The owner of any real property (except public
highways, and other publicly owned facilities) from which sounds prohibited
by this chapter emanate shall be guilty of a violation of this chapter,
whether or not such owner was on the premises or occupied the same
when the proscribed sounds emanated from same. This section, however,
shall not render a landlord liable for a violation emanating from
a leased premises.
The standards which may be considered in determining
whether a violation of this chapter exists may include, but not be
limited to, the following:
A.
The level or volume of the noise; it shall be presumed
that an eighty-decibel reading on a noise meter is excessive and a
violation of this chapter, and § 375-47(a) of the New York
State Vehicle and Traffic Law as it applies to automobiles is incorporated
by reference into this section.
B.
The time of day or night the noise occurs.
C.
The duration of the noise.
D.
Whether the noise is recurrent, intermittent or constant.
E.
Whether the making of noise is reasonably necessary
for the protection or preservation of property or of the health, safety
and welfare of a person or persons.
F.
Whether reasonable methods are available for deadening
or muffling the noise.
G.
The proximity of the noise to residential property
or property customarily used by persons for sleeping.
A.
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 $250. Each incidence
of any violation of a provision herein, or any subsequent or continuing
violation occurring within 1/2 hour of the first such violation or
any subsequent violation, shall constitute a separate offense.
(1)
A second violation occurring within 12 months after
the first such violation shall be punished by a fine not less than
$250 nor exceeding $400.
(2)
A further violation within 12 months after the last
violation shall be punished by a fine not less than $400 nor exceeding
$500, or imprisonment for a period not exceeding 30 days, or both
such fine and imprisonment.
B.
When there is probable cause to believe that a noise violation has occurred under this chapter, the party responsible shall be subject to confiscation and evidentiary seizure of the offending source of noise and subject to forfeiture upon conviction of the appropriate Code § 182-3 or 182-4A through P. Pending trial, the source of the offensive noise may be returned to the offending party or owner of the source of the offending noise upon the deposit of $250 with the Code Enforcement Officer in possession of the source of the offensive noise. Said deposit shall be forfeited if the responsible party does not appear for trial or other pretrial proceedings and may be returned to the responsible party at the conclusion of the case or applied to any fine levied. Forfeiture or return of the source of noise shall be plea bargain options pending trial. Loud dogs shall be dealt with in accordance with § 144-8 of the Code pertaining to seizure of dogs.
Any person who observes or has knowledge of
a violation of this chapter may file a signed deposition, under oath,
with a police officer, specifying the objectionable conduct, the date
and time 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.
