There is a noise ordinance in the Town of Poughkeepsie in which $250 fines are routinely given out for minor noise violations. Members of my house have been victim of this ordinance when we are decibel level is low. We are college students and we feel the law is in place to take advantage of college students. The ordinance itself is poorly written here is what it says:
No person shall make, continue, cause or permit to be made any
unreasonable noise. Unreasonable noise is defined as any excessive or
unusually loud sound which injures or endangers the repose, health,
peace or safety of a reasonable person or which causes injury to animal
life or damages to a person's property or business.
Factors used to determine that noise is unreasonable to a
reasonable person are:
1) The noise occurs at night between 10:00 p.m. and 7:00 a.m.,
rather than during the day;
2) Source of the sound is permanent, rather than temporary;
3) The noise is of a periodic or impulsive character, rather than
continual and steady;
4) The noise intrudes into a residential district or an area with
sleeping facilities, including residences, apartments, motels, hotels
or college dormitories;
5) The duration of the noise is prolonged, rather than short;
6) The noise is reoccurring on an intermittent basis, rather than
continual and steady;
7) The noise is louder and more intense than the volume and
intensity of the background noise in the area; and
8) The noise in unnatural, rather than sound normally occurring in nature.
Any person or party who or which is in violation of the noise
ordinance shall be guilty of a violation and shall be punished by a
fine of not more than two hundred fifty dollars ($250.00) and/or a
term of imprisonment not to exceed fifteen (15) days, or both.
Each and every day the violation continues after the owner has
been notified of violation shall be deemed to be a separate and
I was hoping you could give some advice to help fight and maybe get this town ordinance changed. I would greatly appreciate any help or advice. Thank you.
1 Answer from Attorneys
If you want to change it, you will need the help of someone in the legislature.
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