[HISTORY: Adopted by the Board of Trustees
of the Village of Holley 9-10-1998 by L.L. No. 2-1998. Amendments noted where
applicable.]
A.
The making and creating of noise which is disturbing,
excessive, offensive or of such nature within the jurisdictional limits
of the Village of Holley harmful to Village residents is a condition
which is present and has persisted for a significant period of time.
Such noise impairs the heath, safety and welfare of Village residents.
It is hereby declared that it is in the public interest and for the
benefit of the general welfare of Village residents to prevent any
unreasonable, loud, disturbing and unnecessary noise. Every resident
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.
B.
This 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, or lawful expressions
of free speech.
The terms used herein are defined as follows:
Any individual, firm, association or corporation, whether
such person is the owner, lessee or charter member, its servants,
agents or employees and/or their guests.
Any radio device or apparatus or any device or apparatus
for the amplification of sounds from any radio, phonograph or other
sound-making or sound-producing device or any device or apparatus
for the reproduction or amplification of the human voice or other
sounds.
To use, operate or cause to be used or operated any sound
device or apparatus in front of, or outside, any building, place or
premises or in or through any window, doorway or opening of such building,
place or premises abutting on or adjacent to any public street, park
or place where the sounds therefrom may be heard upon any public street,
park or place or from any stand, platform or other structure or from
any airplane or other device used for flying, flying over the Village
or in any boat or on the water within the jurisdiction of the Village
or anywhere on or in the public streets, parks or places, which can
be heard from a distance of 50 feet or more from the point of broadcast.
That which is not required by usual circumstances.
The normal noise range for a particular type of vehicle or
mechanism.
A.
No person shall cause, suffer, allow or permit to
be made unreasonable noise using a sound device or apparatus in, on
or adjacent to any public street, park, or place. For the purpose
of this chapter, unreasonable noise is any disturbing, excessive or
offensive sound that disturbs a reasonable person of normal sensitivities,
and which may be heard from a distance of 50 feet or more away from
the point of broadcast.
B.
No person shall cause, suffer, allow or permit to
be made any unnecessary noise from any sources which are of such character,
intensity and/or duration as to be detrimental to the health or general
welfare of any individual or contrary to the public welfare between
the hours of 9:00 p.m. and 7:00 a.m.
C.
Noise from a dog or other pet/animal that is continuously
disturbing the comfort and repose of any person in the vicinity of
50 feet of the location of the animal, and exceeds 15 minutes in duration.
D.
The use of any automobile, motorcycle or vehicle which
is lacking proper muffler devices, or is improperly tuned so as to
create loud and unnecessary noise such as backfiring in a continuous
fashion.
E.
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. This provision shall
not extend to the application of brakes in an emergency situation.
F.
Noise from a burglar alarm, or other alarm system
of any building, motor vehicle or boat which is continuous and exceeds
15 minutes.
G.
Noise from any sound-reproduction system, operating
or playing any radio, portable radio, tape player, television, tape
deck or similar device that reproduces or amplifies sound in such
a manner as to be heard 50 feet from its broadcast point, or over
any property line, whichever is less.
H.
The erection, including excavation, demolition, alteration
or repair of any building other than between 6:00 a.m. and 8:00 p.m.
except in case of a public safety or emergency.
I.
The operation of power equipment in residential zones
outdoors between the hours of 10:00 p.m. and 6:00 a.m. during weekdays
and on weekends between 9:00 p.m. and 7:00 a.m.
J.
The sounding of any horn or signaling device of an
automobile, motorcycle or other vehicle for any unnecessary or unreasonable
period of time.
K.
Offering for sale anything by shouting or outcrying
upon the public by sound devices and apparatus. The use and operation
of sound devices and apparatus for commercial or business advertising
purposes is prohibited. It shall be unlawful for any person to use
or operate or cause to be used or operated any sound device or apparatus
in, on, near or adjacent to any public street, park or place for commercial
or business advertising purposes.
L.
No internal combustion engine shall be operated at
any time or place within the jurisdictional boundaries of the Village
of Holley without an adequate muffler designed and manufactured to
suppress exhaust noise, or in such a manner that the noises emitted
therefrom shall unreasonably disturb, alarm, annoy or interfere with
the comfort, repose or peace of other persons. It shall be unlawful
and in violation of this chapter for any person to discharge, cause
to be discharged and/or suffer, permit and/or allow the discharge
into the open air the exhaust of any engine, or motor boat engine,
except through a muffler, or other device, that will effectively prevent
loud or explosive noise therefrom.
[Added 11-13-2007 by L.L. No. 3-2007]
The provisions of this chapter shall not apply
to the following acts, and shall constitute a defense to any charge:
A.
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
B.
Noise from Village-sponsored celebrations or events.
C.
Noise from individually sponsored events which have
been authorized by the Board of Trustees of the Village of Holley.
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.
E.
Noise generated by the installation and maintenance
of utilities.
F.
Noise specifically authorized by the Village of Holley
for a time of limited duration, after written application to the Board
of Trustees and approval of said application. In the discretion of
the Board, and depending upon the circumstances of the request, a
public hearing may be held to consider the request, upon specific
notice to landowners of adjoining property within 100 feet of the
broadcast point of the noise. Failure to observe conditions imposed
by noise specifically authorized by the Village shall abrogate and
nullify any authorization previously given.
Any person who violates any provision of this
chapter shall be guilty of a violation and shall be subject to community
service and/or a fine of not less than $25 and not more than $250
for each offense. The Village may also seek injunctive relief to prevent
the continued violation of this chapter.
