![[NPC Clearinghouse]](../../../npclogo.gif)
"Good Neighbors Keep Their Noise to Themselves"
Kent, NY Noise Ordinance
(NPC posted this May 2004)
Town of Kent
Local Law No. 5 of the year 1998
Local law --- TO AMEND KENT TOWN CODE CHAPTER 48, ARTICLE I, SECTION
48-2, ENTITLED "PROHIBITED NOISES".
Be it enacted by the Town Board of the Town of Kent as follows:
Section 1. Chapter 48, Article I, section 48-2, entitled "Prohibited
noises", is hereby amended to read as follows:
48-2 Prohibited noises.
A. shall remain the same
(1) shall remain the same
(2) shall remain the same
(3) shall remain the same
(4) shall remain the same
(5) shall remain the same
(6) Operating any lawnmower or tractor
before 8:00 a.m. or after 8:30 p.m., prevailing time, weekdays and
Saturdays and before 10:00 a.m. or after 8:00 p.m., prevailing time,
Sundays.
Section 2. This local law shall take effect immediately.
§ 48-1. Legislative intent.
§ 48-2. Prohibited noises.
§ 48-3. Penalties for offenses.
ARTICLE II
Motor Vehicle Noise
§ 48-4. Improper operation of vehicles.
§ 48-5. Definition.
§ 48-6. Penalties for offenses.
[HISTORY: Adopted by the Town Board of the Town of Kent: Article I, 7-12-71 as Local Law No. 5-1971; Article II, 7-12-71 as Local Law No. 4-1971. Amendments noted where applicable.]
ARTICLE I
Control of Excessive Noise
[Adopted 7-12-71 as L.L. No. 5-1971]
§ 48-1. Legislative intent.
By enactment of this Article, the Town Board finds as a matter of policy that unnecessary and unusual noises, particularly if continued for an unreasonable length of time, are or might be detrimental to the health of residents of the town.
48-2. Prohibited noises.
| A. | No person shall make or cause to be made any unreasonably loud, severe, disturbing or unnecessary noise. The following are hereby declared to be in violation of this Article, but such enumeration shall not be deemed to be exclusive: |
| (1) Permitting or operating any radio, television, phonograph, musical instrument, recording or reproducing system in such manner and at such an intensity of volume as will disturb the peace and quiet of the neighborhood, particularly between the hours of 11:00 p.m. and 7:00 a.m., current time. | |
| (2) Permitting or taking part in an unreasonably noisy or tumultuous party or gathering which disturbs the peace and quiet of the neighborhood, particularly between the hours of 11:00 p.m. and 7:00 a.m., current time. | |
| (3) Operating any motor vehicle, motorcycle, lawn mower, engine or other equipment without an adequate muffler properly installed and maintained so as to prevent excessive or unusual noise. | |
| (4) Building, erecting, demolishing, altering or repairing any building between the hours of 11:00 p.m. and 7:00 a.m., current time, in such manner as disturbs the peace and quiet of the neighborhood by reason of the use of power equipment, hammering, sawing or other activity which produces severe and continuous noise. | |
| (5) Operating any commercial vehicle for the purpose of the pickup or delivery of goods or refuse between the hours of 11:00 p.m. and 5:00 a.m., current time. [Added 10-5-1992 by L.L. No. 15-1992] | |
| B. | It shall be deemed prima facie evidence of a violation of § 48-2 of this Article if the noise complained of can be readily audible at a distance of one hundred (100) feet from the nearest property line of the premises from which the noise emanates or if at the nearest property line of the adjoining premises the noise exceeds seventy (70) decibels on a weighted sound machine (AS scale). [Amended 6-13-1983 by L.L. No. 4-1983] |
§ 48-3. Penalties for offenses. [Amended 4-2-73 by L.L. No.5-1973]
Each violation of this Article shall be punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment not exceeding fifteen (15) days, or both.
ARTICLE II
Motor Vehicle Noise
[Adopted 7-12-71 as L.L. No. 4-1971]
§ 48-4. Improper operation of vehicles.1
No person shall make, aid, countenance or assist in making any improper noise or disturbance, or operate a motor vehicle or motorcycle in such a manner as to cause excessive squealing or other excessive noise of the tires or motor of said vehicle or motorcycle on the streets of the Town of Kent.
§ 48-5. Definitions. [Amended 4-2-73 by L.L. No. 6-1973]
| A. | Excessive squealing of tires or other noise of tires or motor is that noise which is produced by the driver who accelerates or decelerates the speed of the vehicle unnecessarily so as to produce such improper or excessive sound, when said acceleration or deceleration is not required for the proper operation of said vehicle under the conditions existent at the time and place of the occurrence. |
| B. | If the excessive noise of the motor vehicle is caused by reason of failure to provide proper equipment for said vehicle, or to keep such equipment in proper condition and repair, said vehicle shall be deemed to be in violation of § 386 of the Vehicle and Traffic Law, and appropriate action shall be taken by the arresting officer in accordance with said § 386. |
1 Editor's Note: The New York State Vehicle and Traffic Law, Section 386, defines excessive or unusual motor vehicle noise as any sound of eighty-eight (88) decibels or more on the "A" scale as measured at a distance of fifty (50) feet from the center of the lane in which the vehicle is traveling. For complete measurement procedures and specifications, see said Section 386.
§ 48-6. Penalties for offenses. [Amended 4-2-73 by L.L. No. 6-1973]
A violation of this Article shall constitute an offense, and a person violating the same shall be subject to a fine of not more than fifty dollars ($50.) or imprisonment for a term not exceeding fifteen (15) days, or both such fine and imprisonment.
