Controlling Car Stereos

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With the summer months at hand and a growing number of our citizens out and about, noise from car stereos can become a concern. While laws regulating noise in general are commonplace in most municipalities, communities are increasingly enacting more stringent legislation in order to specifically regulate sound originating from car stereos. Legislation regulating noise from motor vehicles usually includes time limitations and defined distances from which the sound can be heard, as well as allowable decibel levels. Other legislation restricts the number, size and location of speakers in a motor vehicle. The penalties for violations of such noise ordinances vary from fines to towing of the vehicle in which the stereo system is found. If you're interested in this type of legislation, read on...

Rochester, C. NY: § 75-9 Chicopee, C. MA: § 200-4 Dobbs Ferry, V. NY: Ch. 234, Art. VIII Dover, T. NJ: Ch. 254 Rensselaer, C. NY: Ch. 131 Order On-Line!

§ 75-9. Motor vehicles. [Amended 2-8-1983, Ord. 83-36]

1. No person shall operate or cause to be operated any motor vehicle in such a manner that the sound level emitted therefrom exceeds 80 dB(A) either:

(1) At a distance of 25 feet or more from the path of the vehicle when operated on a public street or sidewalk or in a public park or other public place; or

(2) At or beyond the property line when operated on private property.

This subsection shall not apply to those motor vehicles being operated upon a public street to which § 386 of the New York State Vehicle and Traffic Law applies.

2. This section shall apply to all motor vehicles, whether or not duly licensed or registered.
3. Any motor vehicle used in connection with the commission of a violation of this section shall be towed in accordance with § 111-75 of the Municipal Code. [Added 7-14-1998, Ord. 98-300]

§ 200-4. Boom boxes and audio equipment.

1. Any person who creates an unreasonably loud noise through the use of amplification sound devices, including, but not limited to, a boom box or radio amplification or similar equipment, including any audio, stereo, cassette player, radio or similar equipment in a parked or moving motor vehicle shall be subject to the following:

   (1) Fine of $50 for the first offense.

   (2) Fine of $100 for the second offense within a one-year period. [Amended 2-15-2000 by Ord. No. 00-23]

   (3) Fine of $300 for a third and subsequent offense within a one-year period. [Amended 2-15-2000 by Ord. No. 00-23; 3-21-2000 by Ord. No. 00-31]

2. Loud and unreasonable noise defined. For purposes of this section, an unreasonable loud noise is defined as a sound which is greater than 50 decibels in the hours between 11:00 p.m. and 7:00 a.m. and 70 decibels at other times or any sound which is discernible at a distance of 100 feet, provided that such sound is not otherwise authorized by permit or license granted by the Commonwealth of Massachusetts or the city or by permission of the Chief of Police.

§ 234-56. Unnecessary noise.

1. Horns, signaling devices, etc. The sounding of any horn or other signaling device, including but not limited to sirens, on any automobile, motorcycle or other vehicle, other than an emergency vehicle, on any street or public place, except as a danger or burglar warning.
2. Car alarms. The sounding, or allowing to be sounded, of any vehicle alarm for any reason other than an emergency, on any vehicle parked on any street or public place within the Village of Dobbs Ferry for a length of time which exceeds 10 minutes. For the purpose of this Code, the registered owner of the vehicle shall be deemed the person responsible for any violation involving an unoccupied vehicle. More than two instances of an alarm sounding on the same vehicle for any cause other than an emergency within an eight-hour period shall authorize the towing of the offending vehicle, at the owner's expense, from any public area or area accessible to the public.
3. Burglar, intruder, security, etc. alarms. The sounding, or allowing to be sounded, of any burglar, intruder, or security or fire alarm at a residence or a commercial establishment for a length of time that exceeds 10 minutes, for any reason other than an emergency for which the system was designed and installed. For the purpose of this Code, the owner of the property, or the lessee, if said lessee is responsible for maintenance of the alarm system, shall be deemed the person responsible for any violation involving a nonemergency sounding of the alarm. More than two instances of an alarm sounding at the same location for any cause other than an emergency within an eight-hour period shall be cause for the imposition of a fine or such penalty as provided by this Code or the Board of Trustees of the Village of Dobbs Ferry.
4. Radios, televisions, electronic sound reproduction devices, etc. The using, operating or permitting to be played, used or operated of any radio, musical instrument or instruments, phonograph or other machine or device for the producing or reproducing of sound, in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are voluntary listeners thereto. "Neighboring inhabitants" shall also be interpreted to mean those persons in close proximity to the operator of an above-listed device in a park or playground. The operation of any such set, instrument, phonograph, machine or device between the hours of 12:00 midnight and 7:30 a.m. in such manner as to be plainly audible on adjacent properties shall be prima facie evidence of a violation of this section.
5. Loudspeakers. (Amplifiers for advertising). The using, operating or permitting to be played, used or operated of any radio, musical instrument or instruments, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to a building or a structure.
6. Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets or any public place at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in the vicinity shall be enforceable under the provisions of the New York State Penal Law in accordance with the specific provisions of New York State Penal Law § 240.20.
7. Animals. The keeping or harboring of any animal which barks, whines or makes any other noise continuously for a period of 10 minutes or more at a volume which can be heard anywhere beyond the owner's premises. For the purpose of this subsection, "continuously" shall mean constant, without any period of silence that exceeds 30 seconds.
8. Blowers and fans. The operation of any blower, power fan or any internal combustion engine, the operation of which causes noise due to the detonation of operating gases or fluids or the expulsion of air, unless the noise from such blower or fan is muffled and such engine is equipped with a properly functioning muffler or baffling device or effective noise-absorbent material sufficient to deaden such noise. The decibel level generated by any such equipment covered by this section shall not exceed 65 db when measured from an adjacent or nearby property where said noise is alleged to be disturbing the peace, quiet and enjoyment of said property.
9. Leafblowers and outdoor power tools.

(1) The use of fuel-powered leafblowers during the period from June 1 through September 30 each year is prohibited if the sound level generated by said equipment is greater than 65 db. Fuel-powered leafblowers that generate a sound level not greater than 65 db may be used from 8:00 a.m. to 5:30 p.m., Monday through Friday, and 10:00 a.m. through 5:00 p.m., Saturday, Sunday and holidays. Said fuel-powered leafblowers that generate a sound level not greater than 65 db will be tested by the designated village department and certified for use in the Village of Dobbs Ferry. Said equipment will be identified by the placement of a certification sticker on a plainly visible area of the equipment. From October 1 through May 31, fuel-powered leafblowers may be used from 8:00 a.m. to 5:30 p.m., Monday through Friday, and 10:00 a.m. through 5:00 p.m. Saturday, Sunday and holidays.

(2) The operation of any engine-driven power tool or motorized equipment before 8:00 a.m. and after 5:30 p.m., Monday through Friday, and before 10:00 a.m. and after 5:00 p.m. on Saturdays, Sundays and legal holidays is prohibited, except that grass may be cut with an internal combustion engine lawn mower by the occupant of the premises on any day between the hours of 5:30 p.m. and 8:00 p.m. Any such tool or equipment shall be properly equipped with a muffler, or other properly installed manufacturer-approved noise-reduction device, so designed and in such condition as to prevent unnecessary noise and to prevent a public nuisance in its operation.

(3) Promulgation of additional rules and regulations. The Village Administrator is authorized to promulgate rules, regulations and standards applicable to the above power tools and equipment in an effort to control such noise and lessen the effect of that noise on the quality of life of the village. Such rules shall not become effective until approved by the Village Board of Trustees.

(4) Exceptions to this subsection:

(a) Golf course operations, municipal and school employees while in the performance of their regular duties beyond 100 feet from the nearest residence.

(b) Utility companies, municipal and school employees or property owners and/or their subcontractors while performing emergency repairs.

10. Restaurants. The playing, causing to be played or permitting to be played of music of any kind or description, including instrumental music, radio, player piano, jukebox, recorded, electronically produced or vocal music, which interferes with the repose, health, comfort, safety or welfare of any person, and is plainly audible from adjacent properties, between the hours of 12:00 midnight and 7:30 a.m. in any restaurant, bar, tavern and/or other public place licensed to sell liquors, wines or beer to be consumed on the premises.
11. Motor vehicle radios. The use or operation of any radio, tape player, disc player or other electronic sound reproduction device located within a motor vehicle being operated or parked on any public street or place accessible to the public, in such manner as to disturb the peace and repose of persons in their homes, businesses or on the streets, or at any time, with louder volume than is necessary for convenient hearing of the person or persons who are voluntary listeners within the vehicle. The operation of any such radio or electronic sound reproduction device with a vehicle in such a manner as to be audible to those outside the vehicle at a distance of 25 feet or more from the source, as best that point can be estimated without the use of any distance-measuring device, regardless of the time of day, shall be prima facie evidence of a violation of this section. Said 25 feet may be measured horizontally or vertically.
12. Construction. Causing or committing to be caused unnecessary noise during the erection, excavation, demolition, alteration or repair of any building or structure.

(1) Homeowners may, if performing their own work (without aid of a subcontractor or employee) of erection, excavation, demolition, alteration or repair of any building or structure on their own premises, do so between 7:30 a.m. and 6:30 p.m., Monday through Friday, and 10:00 a.m. to 6:30 p.m., Saturdays, Sundays and holidays.

(2) Work involving the use of machinery, including but not limited to rock breaking, pile driving, riveting, power sandblasting and chainsawing that emits continuous sounds, audible from a distance of 300 feet or more from the work site must cease for 30 minutes within every three hours of operation to provide respite to the surrounding community.

13. Noise generated by any establishment that impacts its neighbors. Creating noise that disturbs the peace, quiet and comfort of the neighboring residential inhabitants by any establishment, including businesses, commercial establishments, houses of worship or educational institutions in an Industrial Zone or in a residential or business zone, between 7:00 p.m. and 7:30 a.m., Monday through Friday, and 5:30 p.m. to 10:00 a.m. Saturdays, Sundays and holidays. Noise that is plainly audible at distance of 25 feet or more from the source, as best that point can be estimated without the use of any distance-measuring device, during the hours specified, shall be prima facie evidence of a violation of this section. Establishments in violation of this provision may be required by the Board of Trustees to make modifications, alterations or other changes to their structure in order to come into compliance with this provision.
14. Motor vehicles.

(1) Noise emanating from the operation of motor vehicles on public highways is regulated by the New York State Vehicle and Traffic Law. The maximum levels set forth in the Vehicle and Traffic Law for the operation of vehicles on public highways, as they may be amended from time to time, are hereby designated to be the maximum permissible noise levels for the operation of motor vehicles on all other property as well as public highways within the Village of Dobbs Ferry. Editor's Note: See Vehicle and Traffic Law § 386.

(2) Allowing the engine of a truck or bus, including school buses, to idle while the vehicle is standing for a period exceeding five minutes, with the exception of vehicles with refrigeration systems where the engine must be running in order to power the refrigeration unit.

15. Exhausts and mufflers generally. Causing or permitting the operation of any device, fan, vehicle, construction equipment, lawn maintenance equipment, including but not limited to any diesel engine, internal combustion engine or turbine engine, that has been modified, or becomes defective, so as to cause the level of sound emitted to be greater than that emitted when originally manufactured, nor shall any person operate said devices, equipment, etc., with the muffler or noise-reduction equipment removed.

§ 234-57. Exceptions.

§ 234-58. Penalties for offenses.

1. Both the owner of any instrumentality exceeding permissible noise levels and its operator shall be deemed violators of this article.
2. Any person violating any provisions of this article shall be subject to a fine to be determined by a resolution of the Board of Trustees.

§ 234-59. Effect on other laws.

§ 234-60. Severability.

[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Dover 4-11-1989 as Ord. No. 8-1989. Amendments noted where applicable.]

Animals -- See Chs. 113 and 395.
Curfew -- See Ch. 154.
Dancing and dance halls -- See Ch. 158.
Disorderly conduct -- See Ch. 162.
Parks and recreation -- See Ch. 265.
Peddling and soliciting -- See Ch. 273.
Theaters, shows and other exhibitions -- See Ch. 357.

§ 254-1. Declaration of policy and prohibition.

§ 254-2. Enumeration of prohibited acts and noises.

1. Horns and signaling devices.

(1) The sounding of any horn or signaling device on any automobile, motorcycle, public conveyance or other vehicle on any street or other private or public place in the town, except as a danger warning.

(2) The creation by means of any such signaling device of any unreasonably loud or harsh sound.

(3) The sounding of any such device for an unnecessary and unreasonable period of time.

(4) The use of any horn, whistle or other device operated by engine exhausts.

2. Radios, tape players, compact disc players, phonographs, amplified musical instruments, motor vehicle sound systems, musical instruments and similar devices.

(1) Playing or permitting the playing of any radio, tape player, compact disc player, phonograph, amplified musical instrument, motor vehicle sound system, musical instrument or similar device:

(a) In such a manner as to create a noise disturbance across real property boundaries or within a noise sensitive zone.

(b) When played in any motor vehicle, in such a manner as to create a noise disturbance outside the vehicle as to be plainly audible at a distance of fifty (50) feet.

(c) When played in any motor vehicle in such a manner as to create a sound level of sixty-five (65) decibels on the A scale as read by the slow response of a sound-level meter when read at the curbline of the adjoining street from 7:00 a.m. to 10:00 p.m. or in such a manner as to produce sound which is plainly audible to anyone other than occupants of the motor vehicle between 10:00 p.m. and 7:00 a.m.

(d) When played on any street or sidewalk, playground, school, park or common area of any building, in such a manner as to create a noise disturbance.

(e) When played by any passenger on a common carrier, in such a manner as to be heard by any other passenger.

(f) When played in any residential neighborhood so as to produce sixty-five (65) decibels on the A scale as read by the slow response of a sound-level meter when measured at a distance of twenty-five (25) feet or at the next adjoining full property line between the hours of 7:00 a.m. and 10:00 p.m. or when played between the hours of 10:00 p.m. and 7:00 a.m. on any street, playground, school, park or common area of any building, in such a manner as to be heard by anyone other than the operator of the device.

3. Loudspeakers, amplifiers or advertising. The using or operating of or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of advertising or attracting the attention of the public to any building or structure without the prior written authorization of the Mayor and Board of Aldermen, upon such terms as will not impair public health as determined by the Mayor and Board using reasonable standards.
4. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
5. Defect in vehicle load or vehicle. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such condition as to create loud and unnecessary grating, grinding, rattling or other noise.
6. Construction, repair or alteration of buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with the permission of the Uniform Construction Code Official through a permit. Such a permit may be granted for a period not to exceed three (3) days or less while the emergency continues, and such permit may be renewed for periods of three (3) days or less while the emergency continues. If the Uniform Construction Code Official determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 6:00 p.m. and 7:00 a.m. and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work.
7. Schools, courts, churches and hospitals. The creation of any excessive noises on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably and unnecessarily interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital.
8. Hawkers and peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

§ 254-3. Prohibited noise disturbances.

1. Possessing or carrying a boom box which is in operation on any street, sidewalk, school, playground or public area. A "boom box" means any radio, tape player, compact disc player or loudspeaker, combination of radio, tape player, compact disc player and loudspeaker or similar device which is operated to produce sixty-five (65) decibels on the A scale as read by the slow response of a sound-level meter measured at twenty-five (25) feet or at the next adjoining full property line, and is:

(1) Designated to be operated while being transported or carried by a single person;

(2) Capable of being operated while carried or transported by a single individual; or

(3) Contains speakers in excess of six and one-half (61/2) inches in width or height or exceeds one hundred (100) watts in power output.

2. Installing or possessing or operating in any motor vehicle operating or garaged in the Town of Dover a radio, tape player or sound system other than the original equipment in which:

(1) The number of speakers exceeds four (4);

(2) There is any speaker which exceeds six and one-half (61/2) inches in width or height or exceeds one hundred (100) watts in power output; or

(3) There is any speaker which is external to the passenger compartment; a speaker contained in an opened hatchback vehicle shall be considered "external" for purposes of this chapter.

§ 254-4. Decibel defined.

§ 254-5. Military or civil parades; use of loudspeakers.

§ 254-6. Violations and penalties. [Amended 10-11-1994 by Ord. No. 33-1994]

[HISTORY: Adopted by the Common Council of the City of Rensselaer 7-20-1994 as L.L. No. 2-1994. Amendments noted where applicable.]

Noise by dogs -- See Ch. 89.

§ 131-1. Noises prohibited.

1. It shall be unlawful for any person within the City of Rensselaer to make, continue or cause to be made or continued any loud, unnecessary or unusual noise which either annoys, disturbs or endangers the comfort, repose, health, peace or safety of others within the limits of the city.

2. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section:

(1) Vehicles: horns, signaling devices, car radios, tape players, compact disc players, amplifiers and loud speakers; the sounding of any horn or signaling device on any automobile, motorcycle or any other vehicle on any street or public place in the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound, the sounding of any such device for any unnecessary and unreasonable period of time, the use of any horn, whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is for any reason held up; and the playing, using, operating or permitting to be played, used or operated of any radio, tape player, compact disc player, amplifier, loud speaker or other machine or device for the producing or reproducing of any sound which is cast upon the public streets, sidewalks, parks, plaza or any other public areas of the city. Authorized emergency vehicles may use warning sounds. Weddings, parades and other organized events which customarily use motor vehicles and sound their horns during the event are excepted from the operation of this chapter.

(2) Engine exhausts: the discharge into the open air within the city of the exhaust of any steam engine, gasoline engine, stationary internal-combustion engine or any other type of engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(3) The construction or repairing of buildings: the creation of noise associated with an excavation, demolition, alteration or repair of any building within the city other than between the hours of 6:00 a.m. and 9:00 p.m. except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be renewed for periods of three (3) days while the emergency continues.

(4) Loudspeakers, amplifiers, paging systems, portable radios, portable tape and compact disc players and sound on the streets: the playing, using or operating or permitting to be played, used or operated of any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of any sound which is cast upon the public streets, sidewalks, parks, plaza areas or any public areas of the city. Practice sessions by school bands are exempt from the operation of this chapter.

(5) Radios and phonographs, use on private property: playing, using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, tape or compact disc player, television receiving set or other machine or device for the producing or reproducing of sound, including but not limited to machines or devices in motor vehicles, is prohibited if such sound is loud enough to disturb the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

(6) Yelling and shouting: yelling, shouting, hooting or singing on the public streets of the city or at any time or place so as to annoy the peace, quiet, comfort or repose of persons in any office or in any dwelling or any other type of residence or of persons within the vicinity, within the limits of the city.

(7) Animals. No person shall keep, permit or maintain any animal under his control that causes unreasonable or unnecessary noise by continued barking, howling or other animal noises.

§ 131-2. Noise restricted; standards.

1. It shall be unlawful for any person to willfully make or continue or cause to be made or continued any loud or unnecessary or unusual noises hereinabove defined which disturb the peace and quiet of any neighborhood or which cause discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

2. The standard which may be considered in determining whether a violation of the provisions of this section exists may include but not be limited to the following:

(1) The level of the noise.

(2) Whether the nature of the noise is usual or unusual.

(3) Whether the origin of the noise is natural or unnatural.

(4) The level and intensity of the background noise, if any.

(5) The proximity of the noise to residential sleeping facilities.

(6) The nature and zoning of the area within which the noise emanates.

(7) The density of the inhabitation of the area within which the noise emanates.

(8) The time of the day and night the noise occurs.

(9) The duration of the noise.

(10) Whether the noise is recurrent, intermittent or constant.

§ 131-3. Penalties for offenses.