Troy's Community Newsletter

Preserving the Quality of Life in Our Neighborhoods

By Mike Esposito

The Troy City Charter (Section 2.22) specifies that the city council may, by ordinance, provide for the preservation of good order in the city; for the protection of the public health; for the safety and the welfare of the city's inhabitants and the protection of their property; and for such other purposes as the interests of the city and its inhabitants may require. The following three ordinances in Chapter 19 of the City Code, "unreasonable and unnecessary noises", "loitering", and "curfew" refer directly to quality of life issues which effect our lives daily.

The intent of the ordinance in section 19 is to "prevent excessive, unreasonable or unnecessarily loud noises for the purpose of preserving, protecting and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of Troy and its inhabitants". The following is a list of the most commons noises prohibited when they are of such a character, intensity and duration of a type or volume that a reasonable person would not tolerate or would create a risk of public inconvenience, annoyance or alarm.

1. Horns, signaling devices on any auto, motorcycle, bus or other vehicle while stationary except as a danger signal
2. Vehicles so out of repair as to create loud unnecessary grating, grinding, rattling or other noises; spinning or squealing tires or revving the motor of a vehicle or modifying or not maintaining a muffler, exhaust system or other noise control device
3. Sound reproduction (radio, TV, phonograph, drums, musical instruments, sound amplifier or similar device) unless granted permission by the city or chief of police, eg. for public event
4. Continuous barking, howling or other noises from animals
5. Shouting, yelling, calling, hooting, whistling or singing in public streets or public places
6. Unnecessary or unreasonable noise from fraternities, sororities, dormitories, private clubs, meeting halls and private residences between the hours of 11 PM and 12 noon the following day or any other time if noise is unnecessary or unreasonable under the circumstances

In addition, the ordinance states that "no restaurant, tavern, bar, nightclub, disco or other similar place, whether public or private shall be conducted so that unreasonable or unnecessary music or other noise is caused by and/or emanates from the premises".

In cases of unreasonable noise, the person or persons responsible shall be advised of any conduct prohibited by the Troy Police or any city officer authorized to enforce the provisions of the ordinance. After such a warning, if any party shall continue to repeat the conduct they shall be in violation and shall receive a fine not to exceed $250.00. It shall be the duty of the police department to enforce the provisions of this ordinance

Loitering includes the concept of the colloquial expression 'hanging around" in a public place. Public place is described as "any place the general public has access and right to resort for business, or other lawful purpose" and includes "the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks". According to the ordinance it shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either along and/ or in consort with others in a public place, to obstruct any public street, public highway, public sidewalk or any other public place or building by hindering, impeding, or tending to hinder or impede free and uninterrupted passage of vehicles, traffic or pedestrians. Any act or thing which is an obstruction or interference to free and uninterrupted use of property or with any business lawfully conducted is a violation. If a person fails or refuses to obey a police officer or any law enforcement official after being ordered to stop causing or committing a condition of the law, the person is in violation of the article and shall be subject to a fine not exceeding $1,000 or by imprisonment not exceeding 60 days or both.

The curfew law, Section 113 of Chapter 19 of the Code, is effective until December 31, 1999 with an option to extend. The intent of the law is described in its legislation. "The City Council has determined that large numbers of minors have been congregating in the city after dark causing general disturbances to residents. In order to reduce juvenile crime, protect the children of the city and reinforce parental authority it is necessary that a curfew be established to keep minors (children under eighteen) out of public areas after dark".

Minors should not be on a public street, highway, park or vacant lot or any other public place between 10:30 PM and 6 AM, Sunday through Thursday, and 11:30 PM and 6 AM Friday and Saturday. The following are some of the exceptions:

1. A child accompanied by a parent, legal guardian or other responsible person twenty one or over and approved by the child's parent or guardian
2. Until 12:30 AM if the child is on an errand as directed by a parent or legal guardian
3. A child legally employed with a written statement from the employer attesting to the place and hours of employment
4. Returning from a school activity, religious or volunteer association activity or entertainment such as a movie or sporting event, but in no case can the child be out beyond 12:30 AM

A police officer who has probable cause to believe that a child is in violation shall take the child to the police station and parents or legal guardian will be contacted. If no parent or legal guardian arrives within two hours, the child is turned over to juvenile authorities until the parent or guardian takes custody. First violation (if a child is 15 years old or less) is a written warning from the police to parents or guardian. Second violation is a $100 fine and 25 hours of community service imposed upon the parent or guardian. More than three violations, the child is reported by police to the juvenile authorities. If a child is between 16 and 17, the fine is $25 and 10 hours of community service; for a second violation, the fine is $100 and 25 hours of community service; for a third violation, the child will be referred to the Rensselaer County Department of Social Services.

Call the Troy Police at 270-4411 to report unnecessary or unreasonable noises, loitering, or violations of the curfew. Community policing units, especially in Troy's more densely populated neighborhoods, would have a greater success rate in enforcing city ordinances. Knowing and obeying the ordinances and reporting instances when they are ignored will help us preserve the quality of our daily lives in our city neighborhoods.

In cooperation with Troy United Ink Corp., a not-for-profit corporation
Items published herein do not necessarily represent the opinions of Troy United Ink Corp., its officers or it's Board of Directors.

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