Town of East Greenbush
NOISE PROPOSAL RAISING A RUCKUS:
Do you whistle while you work? Hoot when you holler? Beware.Whistling and hooting in public along with singing, calling, yelling and shouting could land you in court if a proposed noise ordinance gets on the books in East Greenbush. But only if said activities are performed 'in a such a manner and for such a period of time as to be unreasonable under the circumstances.'
Some say the ordinance, which is open for public comment until Oct. 13, is just what the town needs. Others say the five-page draft is destined to cause problems.Critics say the proposal includes details that would give a legal tool to folks who want to complain about their neighbors for doing any number of things, such as mowing their lawns or having a barbecue. They also say vague phrases leave it open for selective enforcement.
"I think it's subjective and I think it probably goes overboard as far as what we are trying to accomplish here,'' said Town Board member Richard Reilly.
The ordinance, which prohibits "unreasonable or unnecessary noise at anytime,'' lists the phonograph in a rambling list of devices one cannot operate.
The Town Board asked town attorney Joseph Liccardi to draft the ordinance because a few residents were consistently complaining about unrelenting noise makers in their neighborhoods.
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While Reilly worries that the ordinance could be abused by residents who have gripes with their neighbors, board member Dean Kennedy said the specifici ty of the ordinance which even addresses the shouting and crying of "hawkers and peddlers'' is beneficial because it covers all the bases."I think it's a good ordinance,'' he said. "It will only be used in extreme cases where there's an extreme amount of noise that's an annoyance.''
But Jeff Fogel, senior staff attorney for the New York Civil Liberties Union, said the ordinance is fraught with problems, starting with the exemptions churches, synagogues and schools are excluded from compliance with the ordinance in some instances.