§ 137-1. Legislative
intent.
The making
and creating of disturbing, excessive or offensive noises within the
jurisdictional limits of the Village is a condition which has persisted, and
the level and frequency of occurrences of such noises continues to increase.
These noise levels are a detriment to the public health, comfort, convenience,
safety and welfare of the citizens. Every person is entitled to an environment
in which disturbing, excessive or offensive noise is not detrimental to his or
her life, health or enjoyment of property. The chapter is to be construed
liberally, but it is not intended to be construed so as to discourage the
enjoyment by residents of normal, reasonable and usual activities.
§ 137-2. Prohibited
acts.
A. No
person, with the intent to cause public inconvenience, annoyance or alarm, or
recklessly creating a risk thereof, shall cause, suffer, allow or permit to be
made unreasonable noise. For purposes of this chapter, "unreasonable
noise" is any disturbing, excessive or offensive sound that disturbs a
reasonable person of normal sensitivities.
B. The
following acts are declared to be prima facie evidence of a violation of this
chapter. This enumeration shall not be deemed exclusive.
(1) Any
unnecessary noise from any source between the hours of 11:00 p.m. and 7:00 a.m.
the following day.
(2) Noise
from a dog or other pet animal that is continuous and exceeds 15 minutes.
(3) Noise
from a burglar alarm or other alarm system of any building, motor vehicle or
boat which is continuous and exceeds 15 minutes.
(4) Noise
from any sound reproduction system, operating or playing any radio, portable
radio or tape player, television, tape deck or similar device that reproduces
or amplifies sound in such a manner as to be heard 60 feet from its source or
over any property line.
(5) The
erection, including excavation, demolition, alteration or repair, of any
building other than between 7:00 a.m. and 9:00 p.m., except in case of a public
safety emergency.
(6) The
operation of power equipment in residential zones outdoors between the hours of
10:00 p.m. and 7:00 a.m. the following day, and on weekends between 10:00 p.m.
and 8:00 a.m.
(7) The
sounding of any horn or signaling device of an automobile, motorcycle or other
vehicle for any unnecessary or unreasonable period of time.
(8) The
making of improper noise or disturbance or operating an automobile or
motorcycle in such a manner as to cause excessive squealing or other excessive
noise of the tires.
(9) Offering
for sale anything by shouting or outcrying upon the public streets and
sidewalks.
§ 137-3. Exceptions.
The
provisions of this chapter shall not apply to the following acts:
A. The
emission of sound for the purpose of alerting persons to the existence of an
emergency.
B. Noise
from municipally sponsored celebrations or events.
C. Noise
from individually sponsored events where a permit for public assembly or other
relevant permission has been obtained from the Village Clerk.
D. The
operation or use of any organ, radio, bell, chimes or other instrument,
apparatus or device by any church, synagogue or school licensed or chartered by
the State of New York, provided that such operation or use does not occur
between the hours of 10:00 p.m. and 8:00 a.m.
E. Noise
generated by the installation and maintenance of utilities.
§ 137-4. Penalties for
offenses.
Any person
who violates any provision of this chapter shall be guilty of a violation and
shall be subject to a fine not to exceed $250 or imprisonment not to exceed 15
days, or both, for each offense. The Village may also seek injunctive relief to
prevent the continued violation of this chapter.
