New Proposed Woodstock Noise Ordinance 2092

Local Law No. ??
of the Year 2024
Be it enacted by the Town Board of the Town of Woodstock, NY as follows:
§ Legislative intent.
The making and creating of disturbing, excessive, or offensive noises in the Town is a condition
which has persisted. These noise levels can be a detriment to the public health, comfort,
convenience, safety, and welfare of the citizens. Every person is entitled to an environment in
which disturbing, excessive, or offensive noise is not detrimental to his or her life, health, or
enjoyment of property. The chapter is to be construed liberally, but it is not intended to be
construed so as to discourage the enjoyment by residents of normal, reasonable and usual
activities.
§ Prohibited acts.
A.
No person, with the intent to cause public inconvenience, annoyance or alarm, or recklessly
creating a risk thereof, shall cause, suffer, allow or permit to be made unreasonable noise. For
purposes of this chapter, unreasonable noise is any disturbing, excessive, or offensive sound that
disturbs a reasonable person of normal sensitivities.
B.
The following acts are declared to be prima facie evidence of a violation of this chapter. This
enumeration shall not be deemed exclusive.
(1)
Any unnecessary noise from any source between the hours of 9 p.m. and 7:00 a.m. the following
day.
(2)
Noise from a dog or other pet animal that is continuous and exceeds 15 minutes.
(3)
Noise from a burglar alarm or other alarm system of any building or vehicle which is continuous
and exceeds 15 minutes.
(4)
Excessive or unreasonable level of noise from any live music or sound reproduction system,
operating or playing any radio, portable radio or tape player, television, tape deck or similar
device that reproduces or amplifies sound. For the purpose of this law, a prolonged decibel
reading of 70, unless otherwise permitted as a special event, is considered unreasonable.
(5)
The construction, including excavation, demolition, alteration or repair of any building other
than between 7:00 a.m. and 9:00 p. m., except in case of a public safety and emergency.
(6)
The operation of power equipment outdoors between the hours of 9:00 p.m. and 7:00 a.m. the
following day, and on weekends between 9:00 p.m. and 8:00 a.m.
(7)
The sounding of any horn or signaling device of an automobile, motorcycle or other vehicle for
any unnecessary or unreasonable period of time.
(8)
The making of improper noise or disturbance or operating an automobile or motorcycle in such a
manner as to cause excessive squealing or other excessive noise of the tires.
§ Allowed acts - regarding outdoor music
A.
Ambient outdoor music (as defined in DEFINITIONS section of law) is permitted from
11am to 9pm on any day of the week, provided:
1. it does not exceed 65 decibels at the property line.
2. it does not cause any nuisance to residential neighbors.
B.
Amplified live outdoor music events will be limited to the following conditions:
1. All venues will be limited to two outdoor events per week, on Friday and Saturday. A
third event may be added on the Sunday of holiday weekends (as defined in
DEFINITIONS section of law).
2. Limited to the hours of 12 pm and 9 pm for a maximum of 3 hours.
3. Cannot exceed 70 decibels as measured from the property line of the venue.
4. Venues must apply for a yearly permit for outdoor events.
C.
Special events (as defined in DEFINITIONS section of law) are allowed, provided a permit is
obtained from an Event Committee (as defined in DEFINITIONS section of law). The
Committee will consider the following items in issuing permits:
1. Time of day/night and duration, limited to between 12 pm and 9 pm for a
maximum of 5 hours
2. Location
3. Potential noise level with a maximum of 75 decibels
4. Crowd size
5. Any other conditions which may affect the community.
6. Maximum of 5 events per year, per venue.
§ Exceptions.
The provisions of this chapter shall not apply to the following acts:
A.
The emission of sound for the purpose of alerting persons to the existence of an emergency;
B.
Noise from municipally sponsored celebrations or events, however, Town sponsored events will
submit an application with the “Event Committee” for a courtesy review.
C.
Noise from individually sponsored events where a permit for public assembly or other relevant
permission has been obtained from the Town;
D.
The operation or use of any bell, chimes or other instrument, by any church, synagogue, or
school licensed or chartered by the State of New York provided it is for a duration no longer than
10 minutes.
§ Penalties for offenses.

Any person who violates any provision of this chapter shall be guilty of a violation and shall be
subject to a fine not to exceed $250 for the first offense. The second offense with a 3 month
period will be a fine not to exceed $750, the third within 6 months not to exceed $1500. and each
additional within a year not to exceed $1500. The Town may also seek injunctive relief to
prevent the continued violation of this chapter. In addition, after with the third offence, the
Event Committee will review to consider revoking the venue’s amplified live outdoor music
events permit and/or the venue’s special events permit for one calendar year from third
infraction.
§ Definitions.
Ambient outdoor music- live or recorded music which is intended as background music
for patrons who are dining, drinking or otherwise socializing and which allows for
conversations that do not require raising one’s voice to be heard. May not be more than 65
DB at the venue’s property line.
Amplified live outdoor music event- louder music which is presented with the intention
of being an audience’s primary focus and which does not exceed 70 DB measured from the
property line of the venue. Venues must obtain a general yearly permit from the Event
Committee in order to have these events.
Decibel- the unit used to measure sound level. For the purpose of this law, decibels may be
measured by meters specially designed to measure sound or by an app on a device such as
a smart phone, that is designed to measure sound. Decibel readings will be taken from the
property line over a period of one minute.
Holiday weekend- the weekend closest to the following federal holidays: Memorial Day,
Independence Day, Juneteenth, Labor Day and Indigenous Peoples’ Day.
Prolonged reading- a decibel reading where a level is maintained for one minute.
Reasonable person- represents a composite of the community’s judgement as to how a

typical member should behave.
Special event- an outdoor musical event that is specifically permitted by the Event
Committee.
Unnecessary or excessive noise- loud sound which either annoys, disturbs, injures or
endangers the comfort, repose, health, peace and safety of a reasonable person of normal
sensibilities.
Woodstock Event Committee - committee created by separate resolution of the
Woodstock Town Board to review applications and issue permits for amplified live outdoor
music events and special events. The Town Board may appoint an existing board or
committee, such as the Planning Board, to act as an event committee.

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Local Law No. ??

of the Year 2024

Be it enacted by the Town Board of the Town of Woodstock, NY as follows:

§ Allowed acts - regarding outdoor music

§ Penalties for offenses.

Reasonable person- represents a composite of the community’s judgement as to how a

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