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Putnam Valley Revises Noise Law to Curb Disturbing and Offensive Noises
by Edward Paul Greiff
A Resolution to amend Chapter 82 of the Code of the Town of Putnam Valley entitled "Noise" was adopted by the Putnam Valley Town Board at their meeting held on July 18, 2007.
Town Attorney David Gordon says the intent of the revised law is to curb the making and creating of disturbing or offensive noises in Putnam Valley. He said the amended code is in response to the level and frequency of occurrences of such noises that continues to increase. "Every person is entitled to an environment in which disturbing, excessive, or offensive noise is not a detriment to his or her life, health, or enjoyment of property," says attorney Gordon.
The revised Chapter 82 is to be "construed liberally, but not intended to be construed so as to discourage the enjoyment by residents of normal, reasonable, and usual activities."
Unreasonably loud, disturbing, or unnecessary noise is prohibited between the hours of 8pm and 8am on weekdays (6am for the Putnam Valley Highway Department or any of its contractors repairing or maintaining public roads from June 1 through September 30), and the hours of 7pm and 9am on weekends and holidays.
The Noise Law Resolution lists the following acts as not being permitted: any noise- making equipment, idling any engine for more than five minutes, noise from any machine for an unnecessary or unreasonable period of time, use of explosives or firearms or similar devices, audio equipment or musical instrument or human voice with such volume as to annoy or disturb other persons, motorboats over two horsepower need underwater exhaust or muffler to quiet noise of the motor, acts of singing or talking where sounds are audible more than 100 feet from the source between the hours of 10pm and 7am on weekdays and 11pm and 9am on weekends and holidays.
Machines to hammer, crush, or shatter rock are permitted for use only between 9am and 4pm weekdays and are prohibited from use on weekends or holidays.
The property owner or designee must obtain a permit from the Code Enforcement Officer which shall be valid only for a maximum of ten days of operation.
As previously stated by Town Attorney David Gordon the revised Chapter 82 is to be "construed liberally, but not intended to be construed so as to discourage the enjoyment by residents of normal, reasonable, and usual activities." The bottom line is the use of common sense and being aware that the noise you are creating might be disturbing other persons when they are trying to rest or relax.
The penalties for violating any of these provisions are a fine not to exceed $500 for each offense, imprisonment not to exceed 15 days, or both a fine and imprisonment. The Town may also seek injunctive relief to prevent the continued violation of this chapter.
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