People v. Thomas

OPINION OF THE COURT

Irving B. Kendall, J.

The defendant is charged with willfully and unlawfully violating chapter 25-1 of the General Ordinances of the City of Mount Vernon by operating a refrigeration unit on a trailer at 10:40 p.m. on July 31, 1978, "causing a loud and disturbing noise thus annoying residents in the area.”

The preamble to the ordinance declares that "the creation of any unreasonably loud, disturbing and unnecessary noise is prohibited” and "noise of such character, intensity and duration as to be detrimental to the life, health or comfort of any individual is prohibited.”

The…