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"Good Neighbors Keep Their Noise to Themselves"
Galway, NY Noise Ordinance
as of October 2004
Chapter 67
NOISE
§ 67-1. Declaration of policy; intent.
§ 67-2. Definitions.
§ 67-3. Unreasonable noise prohibited.
§ 67-4. Acts deemed unreasonable.
§ 67-5. Exceptions.
§ 67-6. Violations; penalties for offenses.
§ 67-7. Conflict with other provisions; penalties to be additional.
[HISTORY: Adopted by the Town Board of the Town of Galway 1-14-1992 as L.L. No. 1-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Animals - See Ch. 35.
§ 67-1. Declaration of policy; intent.
It is hereby declared to be the policy of the Town Board to prevent unreasonably loud, disturbing and unnecessary noise. It is the intention of the Town Board to reduce the noise level within the town as to preserve, protect and promote the public health, safety and welfare and to foster convenience, peace and quiet within the town. The Town Board finds that every person is entitled to have maintained noise levels which are not detrimental to life, health and enjoyment of property and that excessive and unreasonable noise within the Town of Galway affects and is a menace to the public health, safety and welfare and comfort of the people of the town.
§ 67-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
| AMPLIFICATION or AMPLIFIED - Increasing by any means the volume generated by a sound source. The term should include, without limitation, the use of car stereos, stereos, portable radio, tape or compact disc players and the use of speakers and/or amplifiers in conjunction with instruments of music.1 |
| PERSON - An actual person, corporation, partnership, association or other entity. |
| UNREASONABLE NOISE - Any sound defined in § 67-4 as unreasonable. |
1 Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
§ 67-3. Unreasonable noise prohibited.
No person shall make, cause or permit to be made any unreasonable noise within the geographical boundaries of the town.
§ 67-4. Acts deemed unreasonable.
The following acts and the causes thereof are declared to be in violation of this chapter and to constitute unreasonable noise: any excessive or unusually loud sound amplified or otherwise which annoys, disturbs, injures or endangers the comfort, repose, health, peace and safety of a reasonable person of normal sensitivity.
§ 67-5. Exceptions.
This chapter shall not apply to:
| A. | Home stereos being used at a place of residence for entertainment or enjoyment by persons thereof; provided, however, that they are not unreasonable as defined in § 67-4 above. |
| B. | Public or private addresses, readings, speeches, talks, debates or announcements. |
§ 67-6. Violations; penalties for offenses.
| A. | A person not engaged in commercial enterprise who commits a violation of this chapter shall be guilty of a violation punishable by a fine of twenty-five dollars ($25.). |
| B. | A person engaged in commercial enterprise who commits a violation of this chapter shall be guilty of a violation punishable by a fine of five hundred dollars ($500.). |
| C. | Each day in which a violation shall persist shall be deemed a separate violation. |
| D. | The penalties as set forth in Subsections A and B above shall escalate fifty percent (50%) for each and every day that a violation persists pursuant to Subsection C above. |
§ 67-7. Conflict with other provisions; penalties to be additional.
This chapter and the proscriptions and penalties set forth herein are in addition to and not in lieu of all other applicable laws, rules and regulations which are therefore continued in full force and effect and unaffected by this chapter. Conversely, this chapter is not intended to contradict or contravene any law, rule, regulation, restriction or proscription of the United States, State of New York or County of Saratoga, which may now or hereafter obtain nor of the Town of Galway which may exist as of the date of adoption of this chapter. Accordingly, to the extent this chapter may be contrary to or inconsistent with such other legislation or regulations, such legislation and regulations shall be deemed continued in full force and effect and unaffected by this chapter.
