Town of Hyde Park, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Hyde Park 8-26-1996 by L.L. No. 3-1996.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 40.
Dogs — See Ch. 45.
Garbage, rubbish and refuse — See Ch. 66.
Zoning — See Ch. 108.
[1]
Editor's Note: This local law also supersedes former Ch. 75, Noise, adopted 5-10-1993 by L.L. No. 5-1993.
[Amended 10-28-2002 by L.L. No. 8-2002]
A. 
It is hereby declared to be the policy of the Town of Hyde Park to prevent excessive or unreasonable 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 Town of Hyde Park 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 Town 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:
A. 
The operation or use of any organ, radio, bell, chimes or other instruments, apparatus or device by any church, synagogue or school.
B. 
Sounds created by a governmental agency by the use of public warning systems.
C. 
Sounds created by public utilities in carrying out operations of their franchises.
D. 
Sounds connected with sporting events of any public or private school or with any authorized carnival, fair, exhibition, parade or other such events open to and frequented by the public at large, allowed by permit of the Town Board.
E. 
Sounds on private property which do not carry beyond the boundary lines of the property on which they are created.
F. 
Use of loud speakers in connection with voter registration projects and, within 30 days prior to an election, the use of loud speakers in connection with election campaigns between 9:00 a.m. and 8:00 p.m. prevailing time.
G. 
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, including landscapers and wood choppers, 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.
H. 
Sounds treated by safety and protective devices.
I. 
Sounds connected with activities and equipment of the Hyde Park Highway Department.
J. 
Sounds connected with hunting as allowed under the New York State Department of Conservation laws.
K. 
Sounds made in connection with snow removal equipment.
L. 
Sounds associated with generators utilized during any emergency or power outage.
M. 
Sounds created by crop cultivation, production, harvesting and livestock maintenance and production by a farmer not having less than 10 acres in crop cultivation during the growing season.
[Amended 10-28-2002 by L.L. No. 8-2002]
A. 
The creation of any unreasonable noise is prohibited.
B. 
Unreasonable noise shall be any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities.
[Amended 10-28-2002 by L.L. No. 8-2002]
The following acts and the causing thereof are declared to be unreasonable noises in violation of this chapter, but the enumeration herein shall not be deemed to be exclusive:
A. 
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 unreasonable 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, unreasonable grating, grinding, rattling or other noise;
(2) 
Operate any vehicle in such a manner as to cause unreasonable 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 or 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 Town of Hyde Park 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 has been so modified or has not been maintained.
C. 
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.
D. 
Construction, demolition and 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 of public safety and then only with a permit from the Town Building Inspector, which permit may be renewed for a period of three days or less while the emergency continues.
E. 
Noise near schools or 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.
F. 
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.
G. 
Sound reproduction.
(1) 
No person shall operate, play or permit the operation or playing of any radio, television, phonograph, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound so as to produce unreasonable 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 Town of Hyde Park.
(2) 
Said sound reproduction shall be per se unreasonable if produced:
(a) 
In such a manner as to create noise that can be heard inside any residence located across any real property boundary lot line from the source of the noise, where all exterior doors and windows of the residence are closed.
(b) 
In such a manner 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.
H. 
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.
I. 
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:
(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, where all exterior doors and windows of the residence are closed; provided, however, that said period shall be from 9:00 p.m. to 7:00 a.m. on Saturdays and Sundays.
(2) 
At any other time if said noise is unreasonable under the circumstances.
J. 
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, where all exterior doors and windows of the residence are closed; or
(2) 
At any other time if said noise is unreasonable under the circumstances.
K. 
The operation of restaurants, taverns, bars and discos.
(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. on Friday to 12:00 noon on Saturday, 11:00 p.m. on Saturday to 12:00 noon on Sunday and 10:00 p.m. to 12:00 noon on all other days, other than in the building where the premises are located, where all exterior doors and windows of the residence are closed; or
(b) 
At any other time said noise is unreasonable under the circumstances.
(2) 
Any owner, operator or proprietor of such a business use or other owner, licensee or person in control of any private premises shall so limit the level of noise emanating from premises.
(3) 
Further, it shall be the duty of any such person to disperse any assembly of persons loitering, drinking alcoholic beverages or otherwise engaging in loud or disorderly conduct adjacent to or near the premises or to immediately notify the Town of Hyde Park Police Department or any other police agency of such conduct.
L. 
Fraternities and sororities, dormitories, private clubs, meeting halls and private residence. 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:
(1) 
Between the hours of 11:00 p.m. and 12:00 noon the following day, inside any residence, where all exterior doors and windows of the residence are closed; or
(2) 
At any other time if said noise is unreasonable under the circumstances.
M. 
The keeping of any animal or bird which, by making frequent and/or long continued noise, disturbs the comfort and repose of a reasonable person of normal sensibilities in a residential area.
N. 
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.
O. 
Sounds created by lawn motors before the hours of 8:00 a.m. and after 9:00 p.m. prevailing time weekdays and Saturdays and before 10:00 a.m. and after 9:00 p.m. prevailing time Sundays.
P. 
The operation of a refuse compacting vehicle in the process of compacting or collecting refuse contained in a dumpster or similar receptacle or individual garbage cans after 8:00 p.m. and before 6:00 a.m. prevailing time.
The factors to be considered in the enforcement of this chapter when determining that noise is unreasonable to a reasonable person are:
A. 
The duration of a noise is prolonged rather than short;
B. 
The noise is louder and more intense than the volume and intensity of the background noises in the area; and
C. 
The noise is unnatural rather than sound normally occurring in nature.
As used in this chapter, the following terms shall have the meanings indicated:
EMERGENCY
Public calamity or the exposure of any person or property to imminent danger.
NOISE
Any sounds of such level and duration as to be or tend to be injurious to human health or welfare or that would unreasonably interfere with the enjoyment of life or property.
PERSON
Any individual, partnership, company, public or private corporation, association, firm, organization or any other legal entity whatsoever.
PROPERTY LINE
Either the imaginary line including its vertical extension that separates one parcel of real estate from another or the vertical and horizontal boundaries of a dwelling unit that is one in a multiple-dwelling-unit building.
REFUSE COMPACTING VEHICLE
Any vehicle which is designated to be used or is actually used to compact and/or transfer refuge, garbage, recyclables or trash.
RESIDENTIAL DISTRICT
Any zoning district in which one-family detached dwellings or one-family and multifamily dwellings are permitted principal uses, including but not limited to the current growing district designated as R-60,000, R-40,000, R-20,000, MHR-20,000, RV, RT and MHP.
SOUND DEVICE OR APPARATUS
Any apparatus or device for the making, reproduction or amplification of the human voice or other sounds.
VEHICLE
Any carrier which is propelled or drawn on land or water by an engine or motor or other artificial or natural means of propulsion.
A. 
The Town Board of the Town of Hyde Park shall have the authority, consistent with this section, to grant variances to this chapter.
B. 
Any person seeking a variance pursuant to this section shall file an application with the Town. The application shall consist of a sworn statement by the applicant. Such statement shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. In addition, the following information shall be provided:
(1) 
The plans, specifications or other information pertinent to such sources of noise.
(2) 
The characteristics of the sound emitted by the source, including but not limited to sound levels, the presence of impulsive sounds and the hours during which such sound is generated.
(3) 
The noise abatement and control methods used to restrict the emission of sound.
C. 
The Town Board of the Town of Hyde Park, upon receipt of such applications and upon payment of any fee which shall be required by resolution of the Town Board, shall set the matter down for a public hearing to be held within 30 days from the date the application is submitted. The Town Board of the Town of Hyde Park shall cause publication of such public hearing to be given in the official newspaper of the Town in the same manner as a hearing before the Town Board of the Town of Hyde Park is published. The applicant in like manner shall give notice of the application by certified mail in the same manner that a hearing before the Town Board of the Town of Hyde Park is noticed.
D. 
In determining whether to grant or deny the application, the Town Board of the Town of Hyde Park shall balance the hardship to the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on the property affected and other adverse impacts of granting the variance.
E. 
The Town Board of the Town of Hyde Park may require the taking of sound level readings at the applicant's expense in the event that there shall be any dispute as to the sound levels prevailing or to prevail at the sound source site.
F. 
The Town Board of the Town of Hyde Park shall have the power to impose restrictions, conditions and the recording of covenants upon any sound source site, including time limits on permitted activity in the event that it shall grant any variance hereunder.
G. 
Any persons or persons jointly or severally aggrieved by any decision of the Town Board of the Town of Hyde Park shall have the right to apply to the Supreme Court for review in accordance with § 267 of the Town Law.
H. 
The Town Board of the Town of Hyde Park shall have the right to revoke any variance where the beneficiary of the same is found to be in violation of any condition upon which the variance was granted.
A. 
In those cases of unreasonable noise, other than violations of § 75-4A, B and C, the person or persons responsible shall be advised in writing of any conduct prohibited herein by the Town of Hyde Park Police or other police agencies. 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.
C. 
No such warning shall be required in any case of a violation of § 75-4A, B and C of this chapter.
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 of not less than $100 and not more than $250.
A. 
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the litigation in which such judgment shall have been rendered.
B. 
This chapter shall take effect upon filing with the Secretary of State as required by § 27 of the Municipal Home Rule Law.