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Clarkstown, NY Noise from Specific Sources: Bar & Nightclub Noise (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Outdoor music curfew
10:00 p.m. to 9:00 a.m.
Outdoor seating/bar location
front or side yard only
Screening required
from adjacent residential districts
Applies in
HC-C, HC-VC, HC-WN hamlet centers
Does not apply in
Nyack, Upper Nyack, South Nyack villages
First-offense fine
up to $3,500

Summary

In Clarkstown's Hamlet Center Districts covering Congers, Valley Cottage and West Nyack, restaurants, bars, taverns, micro-breweries and brew pubs may run outdoor seating or bar areas only in the front or side yard, screened from any neighboring residential district, and outdoor music made available for patrons must be off between 10:00 p.m. and 9:00 a.m.

Restaurant, bar or tavern, micro-brewery or brew pub. Outdoor seating or bar areas are permitted for these uses and shall only be located in the front or side yard areas, and shall be screened from any adjacent residential districts with the effective use of landscaping, fences and other methods as directed-music made available for outdoor enjoyment shall be turned off between the hours of 10:00 p.m. and 9:00 a.m.

Full Breakdown

Clarkstown's Hamlet Center Zoning Districts (HC-C in Congers, HC-VC in Valley Cottage, HC-WN in West Nyack) permit restaurant, bar, tavern, micro-brewery and brew pub uses under Table F-1 of § 290-7.2F, but § 290-7.2G(6) attaches conditions to their outdoor operations. Outdoor seating or bar areas are confined to the front or side yard, never the rear, and must be screened from any adjoining residential district using landscaping, fencing or similar methods. Outdoor music made available for patron enjoyment has a hard curfew: it must be off between 10:00 p.m. and 9:00 a.m.

This sits alongside the district's site design rules under § 290-7.2K, which route new construction, signage and exterior lighting for these uses through Architectural Historic Review Board approval, and the parking security-lighting rule in § 290-7.2I(1)(a)[4] requiring fully shielded, downward-facing fixtures around outdoor bar parking.

The provision applies only within the town's three Hamlet Center Districts; it has no effect inside the incorporated Villages of Nyack, Upper Nyack or South Nyack, which enforce their own separate village codes, or elsewhere in the unincorporated town outside the mapped HC-C/HC-VC/HC-WN boundaries, where Clarkstown's general performance-standards rule under § 290-13 limiting noise and vibration "beyond the property line" governs instead. Compliance with the 10 p.m. cutoff is a condition attached to the permitted-use status itself, not a separate application.

Violations & Fines

Running outdoor music past 10:00 p.m. or before 9:00 a.m., or operating an unscreened outdoor bar area, breaches the conditions attached to the permitted use under § 290-7.2G and is enforceable as a Zoning Code violation under § 290-34A: up to $3,500 for a first offense, $3,500 to $6,000 for a second offense within 18 months, and up to $16,000 for later repeats, plus up to 15 days in jail. The Building Inspector may also issue a stop-work order or revoke the certificate of occupancy under § 290-31A(4).

Frequently Asked Questions

Until what time can a Clarkstown bar play outdoor music?
Outdoor music made available for patron enjoyment at a restaurant, bar, tavern, micro-brewery or brew pub in the Hamlet Center Districts must be turned off by 10:00 p.m. and cannot resume before 9:00 a.m., under Town Code § 290-7.2G(6).
Does this curfew apply to bars in downtown Nyack?
No. Nyack, Upper Nyack and South Nyack are separately incorporated villages with their own codes; Clarkstown's Hamlet Center noise curfew governs only the unincorporated hamlets of Congers, Valley Cottage and West Nyack.
Can a bar put its outdoor seating in the back yard to avoid the noise rule?
No. Section 290-7.2G(6) confines outdoor seating and bar areas to the front or side yard, screened from any adjoining residential district; a rear-yard outdoor area for these uses is not a permitted configuration.

Sources & Official References

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