No person or persons shall indecently or vulgarly conduct themselves upon any street, alley, park or public place, or expectorate upon any sidewalk within the corporate limits of the Town of Yorktown.
[HISTORY: Adopted by the Town Board of the Town of Yorktown 4-29-1975 as Ch. 66 of the 1975 Code. Amendments noted where applicable.]
[Amended 5-4-1999 by L.L. No. 5-1999; 9-17-2024 by L.L. No. 8-2024]
A.
No person or persons shall cause, make, create or be the means of causing, making creating or allowing, any noise disturbance (as defined herein) within the corporate limits of the Town of Yorktown.
B.
The provisions of this section shall not apply to the following:
(1)
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(2)
Noise from municipally sponsored or approved celebrations or events.
(3)
The operation or use of any organ, bell, chimes or other instrument, apparatus or device by any church, synagogue or school licensed or chartered by the State of New York, provided that such operation or use does not occur between the hours of 11:00 p.m. and 7:00 a.m. prevailing time.
(4)
Noise generated by construction equipment or lawn maintenance equipment, provided that such operation or use does not occur between the following hours: 5:00 p.m. and 7:00 a.m., from Sunday evening through and including Monday morning; 8:00 p.m. and 7:00 a.m., from Monday evening through and including Friday morning; 8:00 p.m. and 9:00 a.m., from Friday evening through and including Saturday morning; 6:00 p.m. and 10:00 a.m., from Saturday evening through and including Sunday morning; legal holidays shall follow Sunday hours, i.e., 10:00 a.m. and 5:00 p.m.
(5)
Snow removal equipment used or operated during periods of inclement weather, regardless of time.
(6)
Noise generated by agriculturally or farm-related equipment used in the production of agricultural crops.
C. MULTI-DWELLING-UNIT BUILDING NOISE DISTURBANCE(1) (2) (3) (4) (5) (6) (7) (8) PUBLIC RIGHT-OF-WAY PUBLIC SPACE SOUND LEVEL
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any building wherein there are two or more dwelling units.
A sound-level reading taken at a dwelling within a multi-dwelling-unit building, arising from any location within a multi-dwelling-unit building, above 60 dBA during the time period commencing at 7:00 a.m. and ending at 10:00 p.m.
A sound-level reading taken at a dwelling within a multi-dwelling-unit building, arising from any location within a multi-dwelling-unit building, above 50 dBA during the time period commencing at 10:00 p.m. and ending at 7:00 a.m. the next day.
A sound-level reading taken at a residential property, arising from another residential property, above 55 dBA during the time period commencing at 7:00 a.m. and ending at 10:00 p.m., on Sundays through Thursdays, and the time period commencing at 7:00 a.m. and ending at 11:00 p.m., on Fridays and Saturdays.
A sound-level reading taken at a residential property, arising from another residential property, above 50 dBA during the time period commencing at 10:00 p.m. and ending at 7:00 a.m. the next day, on Sundays through Thursdays, and the time period commencing at 11:00 p.m. and ending at 7:00 a.m., on Fridays and Saturdays.
A sound-level reading taken at a residential property, arising from a commercial property, an industrial property, a public space or a public right-of-way, above 70 dBA during the time period commencing at 7:00 a.m. and ending at 11:00 p.m.
A sound-level reading taken at a residential property, arising from a commercial property, an industrial property, a public space or a public right-of-way, above 50 dBA during the time period commencing at 11:00 p.m. and ending at 7:00 a.m. the next day.
A sound-level reading taken at a commercial property at any time, arising from any property source, above 70 dBA.
A sound-level reading taken at an industrial property at any time, arising from any property source, above 70 dBA.
Any street, avenue, boulevard, road, highway, sidewalk, alley or parking lot used by members of the general public.
Any real property or structures thereon that are either owned, leased or controlled by a governmental entity or used by members of the general public. "Public space" includes but is not limited to parks, sports fields, lots, etc.
The sound pressure level measured in decibels with a sound-level meter set for A-weighting; "sound level" is expressed in "dBA."
No person or persons shall make, create or be the means of making, creating or allowing any disturbance within the corporate limits of the Town of Yorktown.
No person or persons shall, by any offensive or disorderly act or language, annoy, interfere with, disturb or offend any other person or persons within the corporate limits of the Town of Yorktown.
No person or persons shall prevent or obstruct the operations of the Fire Department or any member thereof, or neglect or refuse to obey any order of, or attempt to prevent or obstruct the execution of any order of, an officer of the Fire Department, a police officer of the Town of Yorktown or any other peace officer of the town during a fire.
The discharge of any air gun, air pistol or any similar instrument, or the possession of any such air gun, air pistol or any similar instrument, in or upon any street, avenue, alley, lane, park or other public place within the Town of Yorktown is hereby prohibited.
[Amended 8-7-2007 by L.L. No. 10-2007]
It shall be unlawful for any person or company in any manor to obstruct the use or maintenance of any fire hydrant within the Town, or to place any material or utility of any type in front thereof or within 10 feet of either side thereof. It shall be the duty of the owner and occupant, jointly, of every parcel of real estate adjoining a fire hydrant to keep a two-foot-wide path around the fire hydrant free from snow and ice. Snow and ice shall be removed within 48 hours of a snowstorm. It shall be the duty of the owner and occupant, jointly, to notify the water district if the fire hydrant cannot be cleared within 48 hours of a snowstorm.
[Amended 8-7-2007 by L.L. No. 10-2007]
It shall be unlawful for any person, unless duly authorized, to open, draw water from, unfasten, break or injure any fire hydrant. Any person doing so will be charged for the usage or loss of water resulting from such action. The amount of such charge shall be determined by the Water Department consistent with its established fee schedule and, absent actual measurement, may be calculated on the Water Department's reasonable estimate of the volume of water lost or used. Such charge shall be in addition to any penalties and fines pursuant to § 216-11.
Parents, guardians or custodians shall not permit or allow any minor under their supervision or control to do any act prohibited by any Town of Yorktown ordinance or local law.
[Added 5-6-2025 by L.L. No. 5-2025]
It shall be the duty of the owner and occupant, jointly, of every parcel of real estate adjoining a public sidewalk, notwithstanding whether the parcel of real estate is occupied by a structure, to keep all adjoining sidewalks free from snow and ice for the full width of the sidewalk.
A.
Snow and ice shall be removed within 12 hours after a precipitation event has concluded. Sidewalks abutting a commercial establishment or parking lot shall be kept free and clear of snow and ice.
B.
In such cases where the snow and ice on any sidewalk cannot be removed without injury to the sidewalk, it shall be strewn and kept strewn with ashes, sand, salt or other suitable material as so said sidewalk shall be safe for public use. Said maintenance shall occur in the time periods prescribed above and the sidewalk shall be cleared as soon as practically safe.
[1]
Editor's Note: Former § 216-10, Sidewalk maintenance, added 9-21-1999 by L.L. No. 18-1999, was repealed 10-18-2011 by L.L. No. 15-2011.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Added 7-20-1999 by L.L. No. 9-1999]
This chapter may be enforced by the Building Department Code Enforcement Officer, the Yorktown Fire Marshal and/or the Yorktown Police Department.
