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Clay, NY Noise Ordinances: Construction Hours (2026)

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

Construction hours in Clay, NY, sometimes called construction noise rules or contractor work-hour ordinances, set when contractors can run power tools, hammers, and heavy equipment.

Key Facts

Weekday hours
7:00 a.m. to 7:00 p.m.
Saturday hours
8:00 a.m. to 5:00 p.m.
Sunday window
none listed
Industrial 2 zones
fully exempt
Emergency permit
max 3 days, Commissioner of Planning & Development
Penalty
fine up to $250 or 15 days jail

Summary

The Town of Clay limits construction and demolition noise to 7:00 a.m. to 7:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on Saturdays under § 152-4H of the Noise Ordinance. The Commissioner of Planning and Development can issue a short emergency permit for urgent work, and Industrial 2 (I-2) zoned activity is exempt entirely.

Noise associated with the erection, demolition, alteration or repair of any building or other construction, reconstruction, or demolition activity other than between 7:00 a.m. and 7:00 p.m. on weekdays, or between 8:00 a.m. and 5:00 p.m. on Saturday, except in the event that a finding of urgent necessity in the interest of public welfare or safety may be made by the Commissioner of Planning and Development who shall then issue a permit to allow such activity. Such permit may be requested for a period of three days or less while the emergency continues. Noise from construction and demolition activity in Industrial 2 (I-2) Districts is exempt from this section, and this section does not apply to activity in Industrial 2 (I-2) zones.

Full Breakdown

§ 152-4H of Chapter 152, the Town of Clay Noise Ordinance most recently amended November 18, 2024 by L.L. No. 3-2024, prohibits 'noise associated with the erection, demolition, alteration or repair of any building or other construction, reconstruction, or demolition activity other than between 7:00 a.m. and 7:00 p.m. on weekdays, or between 8:00 a.m. and 5:00 p.m. on Saturday.' The section carves out a narrow emergency route: the Commissioner of Planning and Development may make 'a finding of urgent necessity in the interest of public welfare or safety' and issue a permit allowing off-hours work, but that permit is capped at three days or less while the emergency continues.

The section names no Sunday window at all alongside the weekday and Saturday hours, so covered construction noise outside the emergency-permit path reads as barred entirely on Sundays. The provision separately carves out an entire zoning district: 'Noise from construction and demolition activity in Industrial 2 (I-2) Districts is exempt from this section, and this section does not apply to activity in Industrial 2 (I-2) zones,' so a contractor working an I-2 parcel is not bound by the weekday or Saturday windows at all. Outside I-2 land and the emergency-permit exception, running a jackhammer, backhoe or demolition crew before 7 a.m. or after 7 p.m. on a weekday, or outside the 8 a.m. to 5 p.m.

Saturday window, violates Chapter 152 regardless of the decibel level reached, since § 152-4H is a time-of-day rule layered on top of the chapter's separate Table 1 decibel limits.

Violations & Fines

A violation of § 152-4H is punishable under § 152-7 by a fine not exceeding $250 or imprisonment not exceeding 15 days, or both, under the New York Penal Law. Each 24-hour period the construction or demolition activity continues outside the permitted hours without an emergency permit from the Commissioner of Planning and Development is charged as a separate, additional offense.

Frequently Asked Questions

What hours can construction noise happen in the Town of Clay?
§ 152-4H allows building, demolition or repair noise only between 7:00 a.m. and 7:00 p.m. on weekdays and between 8:00 a.m. and 5:00 p.m. on Saturday. No hours are listed for Sunday, so covered construction noise outside those windows is a Chapter 152 violation unless an emergency permit or the Industrial 2 exemption applies.
Can a contractor get permission to work outside those hours?
Only for genuine emergencies. § 152-4H lets the Commissioner of Planning and Development issue a permit when there is 'a finding of urgent necessity in the interest of public welfare or safety,' but the permit can only run for three days or less while the emergency continues, not as a general extended-hours pass.
Does the hours limit apply to industrial zones?
No. § 152-4H states that 'noise from construction and demolition activity in Industrial 2 (I-2) Districts is exempt from this section,' so contractors working on I-2 zoned property are not bound by the weekday or Saturday hour windows that apply elsewhere in town.

Sources & Official References

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