Village of Perry, NY
Wyoming County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Perry 12-17-2007 by L.L. No. 4-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 150.
Animals — See Ch. 160.
Peace and good order — See Ch. 327.
Snowmobiles — See Ch. 363.
Vehicles and traffic — See Ch. 405.
[1]
Editor's Note: This local law also superseded former Ch. 300, Noise, adopted 12-5-1983 by L.L. No. 3-1983, as amended.

§ 300-1 Statutory authority.

This chapter is adopted pursuant to the provisions of Article 2, § 10 of the Municipal Home Rule Law of the State of New York.

§ 300-2 Declaration of policy.

The Village Board of the Village of Perry hereby declares its intent to prevent unreasonably loud and disturbing noise and sounds that are determined by the Board to be of a character, intensity or duration as to be detrimental to the peace, welfare or good order of the people of the Village of Perry. The Village Board interest to improve and promote the quality of life in our community and, in the exercise of its lawful enforcement in this regard, the Village Board does hereby enact the following chapter.

§ 300-3 Title.

This chapter shall be known and cited as, "Regulating Unreasonably Loud and Disturbing Noise and Sound in the Village of Perry."

§ 300-4 Unnecessary noise prohibited.

It shall be unlawful for any person to make, continue or cause to be made or continued any of the following acts producing audible sound which are hereby declared to be loud, disturbing and unnecessary noise in violation of this chapter:
A. 
Horns, signaling devices, etc. The sounding of any horn or other signaling device, including, but not limited to, sirens on any automobile, motorcycle, or other vehicle, other than an emergency vehicle, on any street or public place, except as a danger or burglar warning.
B. 
Car alarms. The sounding, or allowing to be sounded, of any vehicle alarm for any reason other than an emergency on any vehicle parked on any street or public place within the Village of Perry for a length of time which exceeds 10 minutes.
(1) 
For the purpose of this chapter, the registered owner of the vehicle shall be deemed the person responsible for any violation involving an unoccupied vehicle.
(2) 
More than two instances of an alarm sounding on the same vehicle for any cause other than an emergency within an eight-hour period shall authorize the towing of the offending vehicle, at the owner's expense, from any public area or area accessible to the public.
C. 
Burglar, intruder, security, alarms, etc. The sounding, or allowing to be sounded, of any burglar, intruder, or security or fire alarm at a residence or a commercial establishment for a length of time that exceeds 10 minutes for any reason other than an emergency for which the system was designed and installed.
(1) 
For the purpose of this chapter, the owner of the property or the lessee, if said lessee is responsible for maintenance of the alarm system, shall be deemed the person responsible for any violation involving a nonemergency sounding of the alarm.
(2) 
More than two instances of an alarm sounding at the same location for any cause other than an emergency within an eight-hour period shall be cause for the imposition of a fine or such penalty as provided by this chapter or the Board of Trustees of the Village of Perry.
D. 
Radios, televisions, electronic sound reproduction devices, etc.
(1) 
The using, operating or permitting to be played, used or operated of any radio, musical instrument or instruments, phonograph or other machine or device for the producing or reproducing of sound, in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are voluntary listeners thereto.
(2) 
"Neighboring inhabitants" shall also be interpreted to mean those persons in close proximity to the operator of an above-listed device in a park or playground.
(3) 
The operation of any such set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 8:00 a.m. in such manner as to be plainly audible on adjacent properties shall be prima facie evidence of a violation of this section.
E. 
Loudspeakers. (Amplifiers for advertising.) The using, operating or permitting to be played, used or operated of any radio, musical instrument or instruments, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to a building or a structure.
F. 
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets or any public place at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in the vicinity shall be enforceable under the provisions of the New York State Penal Law in accordance with the specific provisions of New York State Penal Law § 240.20.
G. 
Animals. The keeping or harboring of any animal which barks, whines or makes any other noise continuously for a period of 10 minutes or more at a volume which can be heard anywhere beyond the owner's premises. For the purpose of this subsection, "continuously" shall mean constant, without any period of silence that exceeds 30 seconds.
H. 
Blowers and fans. The operation of any blower, power fan or any internal combustion engine, the operation of which causes noise due to the detonation of operating gases or fluids or the expulsion of air, unless the noise from such blower or fan is muffled and such engine is equipped with a properly functioning muffler or baffling device or effective noise-absorbent material sufficient to deaden such noise. The decibel level generated by any such equipment covered by this subsection shall not exceed 65 db when measured from an adjacent or nearby property where said noise is alleged to be disturbing the peace, quiet and enjoyment of said property.
I. 
Outdoor power tools.
(1) 
The operation of any engine-driven power tool or motorized equipment before 7:00 a.m. and after 9:00 p.m., Monday through Friday, and before 8:00 a.m. and after 9:00 p.m. on Saturdays, Sundays and legal holidays is prohibited. Any such tool or equipment shall be properly equipped with a muffler, or other properly installed manufacturer-approved noise-reduction device, so designed and in such condition as to prevent unnecessary noise and to prevent a public nuisance in its operation.
(2) 
Promulgation of additional rules and regulations. The Village Administrator is authorized to promulgate rules, regulations and standards applicable to the above power tools and equipment in an effort to control such noise and lessen the effect of that noise on the quality of life of the Village. Such rules shall not become effective until approved by the Village Board of Trustees.
(3) 
Exceptions to this subsection:
(a) 
Golf course operations, municipal and school employees while in the performance of their regular duties beyond 100 feet from the nearest residence.
(b) 
Utility companies, municipal and school employees or property owners and/or their subcontractors while performing emergency repairs.
J. 
Restaurants. The playing, causing to be played or permitting to be played of music of any kind or description, including instrumental music, radio, player piano, jukebox, recorded, electronically produced or vocal music, which interferes with the repose, health, comfort, safety or welfare of any person, and is plainly audible from adjacent properties, between the hours of 9:00 p.m. and 8:00 a.m., Sunday through Thursday and 12:00 midnight and 8:00 a.m. Friday, Saturday and Sunday in any restaurant, bar, tavern and/or other public place licensed to sell liquors, wines or beer to be consumed on the premises.
K. 
Motor vehicle radios. The use or operation of any radio, tape player, disc player or other electronic sound reproduction device located within a motor vehicle being operated or parked on any public street or place accessible to the public, in such manner as to disturb the peace and repose of persons in their homes, businesses or on the streets, or at any time, with louder volume than is necessary for convenient hearing of the person or persons who are voluntary listeners within the vehicle. The operation of any such radio or electronic sound reproduction device with a vehicle in such a manner as to be audible to those outside the vehicle at a distance of 25 feet or more from the source, as best that point can be estimated without the use of any distance-measuring device, regardless of the time of day, shall be prima facie evidence of a violation of this section. Said 25 feet may be measured horizontally or vertically.
L. 
Construction. Causing or committing to be caused unnecessary noise during the erection, excavation, demolition, alteration or repair of any building or structure.
(1) 
Homeowners may, if performing their own work of erection, excavation, demolition, alteration or repair of any building or structure on their own premises, do so between 7:00 a.m. and 9:00 p.m., Monday through Friday, and 8:00 a.m. to 7:00 p.m., Saturdays, Sundays and holidays, except as needed to secure residence in case of a bona fide emergency.
(2) 
Work involving the use of machinery, including but not limited to rock breaking, pile driving, riveting, power sandblasting and chainsawing that emits continuous sounds, audible from a distance of 300 feet or more from the work site must cease for 30 minutes within every three hours of operation to provide respite to the surrounding community.
M. 
Noise generated by any establishment that impacts its neighbors.
(1) 
Creating noise that disturbs the peace, quiet and comfort of the neighboring residential inhabitants by any establishment, including businesses, commercial establishments, houses of worship or educational institutions in an industrial zone or in a residential or business zone, between the hours of 9:00 p.m. and 8:00 a.m., Sunday through Thursday and 12:00 midnight and 8:00 a.m. Friday, Saturday and Sunday.
(2) 
Noise that is plainly audible at distance of 25 feet or more from the source, as best that point can be estimated without the use of any distance-measuring device, during the hours specified, shall be prima facie evidence of a violation of this section.
(3) 
Establishments in violation of this subsection may be required by the Board of Trustees to make modifications, alterations or other changes to their structure in order to come into compliance with this subsection.
N. 
Motor vehicles.
(1) 
Noise emanating from the operation of motor vehicles on public highways is regulated by the New York State Vehicle and Traffic Law. The maximum levels set forth in the Vehicle and Traffic Law for the operation of vehicles on public highways, as they may be amended from time to time, are hereby designated to be the maximum permissible noise levels for the operation of motor vehicles on all other property as well as public highways within the Village of Perry.
(2) 
Allowing the engine of a truck or bus, including school buses, to idle while the vehicle is standing for a period exceeding five minutes, with the exception of vehicles with refrigeration systems where the engine must be running in order to power the refrigeration unit; these must be in the Village municipal parking lot.
O. 
Exhausts and mufflers generally. Causing or permitting the operation of any device, fan, vehicle, construction equipment, lawn maintenance equipment, including but not limited to any diesel engine, internal combustion engine or turbine engine, that has been modified or becomes defective, so as to cause the level of sound emitted to be greater than that emitted when originally manufactured, nor shall any person operate said devices, equipment, etc., with the muffler or noise-reduction equipment removed.

§ 300-5 Exceptions.

A. 
Noise emanating from parades, authorized public celebrations, authorized carnivals or similar events and sirens and whistles used by the Fire and Police Departments, authorized emergency vehicles, civil defense and any other municipal department or agency for emergency functions shall not be subject to the provisions of this chapter.
B. 
Noise from individually sponsored events where a permit for the event has been obtained from the Village Clerk/Administrator.
(1) 
When authorized by the Village Board, the Village Clerk/Administrator is permitted to issue a permit for a wedding reception or similar event to be held outdoors or in a tent, with music provided by a band, orchestra or sound reproduction equipment, provided that the sound levels are not annoying to a reasonable person when heard at a distance between the hours of 9:00 p.m. and 8:00 a.m., Sunday through Thursday and 12:00 midnight and 8:00 a.m. Friday, Saturday and Sunday.
(2) 
The intended hours of the event shall be furnished to the Village Clerk/Administrator at the time of application for permit and shall be listed on the permit.
(3) 
Other reasonable conditions which conform to the intent and purposes of this chapter may be imposed upon the issuance of such permits.
(4) 
The Village Board reserves the right to limit the number and frequency of permits granted in any geographic area of the Village of Perry.
(5) 
A copy of each permit, along with the conditions limiting such permit, will be provided to the Village Police Department.

§ 300-6 Abatement.

The Village of Perry police are directed to take any reasonably necessary action to abate the noise created by an unattended mechanical device, such as an engine, alarm or the like, when a person responsible for the device or a person who can silence the device is not present and cannot be contacted in a reasonably short time.

§ 300-7 Penalties for offenses.

A. 
Any person who violates any portion of this chapter, or harbors any device which creates a violation of this chapter, shall be guilty of a violation and, upon conviction, shall be punished by a fine of $250 for the first offense, $350 for the second offense and $500 or by imprisonment for up to 15 days, or both, for the third offense.
B. 
The owner of any property and any person, firm, association or corporation in control of the real property where the violation(s) of this chapter occur(s) shall be guilty of a separate violation and, upon conviction thereof, shall be fined or imprisoned as herein provided above in Subsection A.