[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]
[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:
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:
As used in this chapter, the following terms shall have the meanings
indicated:
Public calamity or the exposure of any person or property to imminent
danger.
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.
Any individual, partnership, company, public or private corporation,
association, firm, organization or any other legal entity whatsoever.
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.
Any vehicle which is designated to be used or is actually used to
compact and/or transfer refuge, garbage, recyclables or trash.
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.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
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.
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.
