[HISTORY: Adopted by the Board of Trustees of the Village of Kings Point 12-15-1965 by Ord. No. 31. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 48.
A. 
It shall be unlawful for any person, firm or corporation to make, continue or cause or permit to be made or continued any loud, raucous, unnecessary or unusual noise which either annoys, disturbs, interferes with, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities within the limits of the Village of Kings Point.
[Amended 7-22-2002 by L.L. No. 1-2002]
B. 
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:
(1) 
The use or operation of any radio receiving set, television set, musical instrument, phonograph or sound amplifier, air conditioner, fan, lawn sprinkler or other similar mechanical device in such manner as to create any sound or noise exceeding 85 decibels at the adjoining property line.
[Amended 1-25-2021 by L.L. No. 1-2021]
(2) 
The using or operating of or permitting to be played, used, or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, automobile horn 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 otherwise attracting the attention of the public.
(3) 
Yelling, shouting, hooting, whistling or singing on the public streets between the hours of 11:00 p.m. and 8:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of a reasonable person of normal sensitivities in the vicinity.
[Amended 7-22-2002 by L.L. No. 1-2002]
(4) 
The discharge into the open air of the exhaust of any internal combustion engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(5) 
The use of any automobile, truck, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(6) 
The operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, bulldozer, large truck, trailer truck, or other vehicle or other earth moving equipment or appliance, the use of which is attended by loud or disturbing noise, other than between the hours of 8:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding legal holidays.
[Amended 9-14-2017 by L.L. No. 5-2017]
(7) 
The erection, demolition, alteration, repair, or any other construction type activities, which are attended by loud or disturbing noise, other than between the hours of 8:00 a.m. and 6:00 p.m. on Mondays through Fridays, excluding legal holidays, except in the case of urgent necessity in the interest of public health or safety as confirmed by the Village Building Inspector, which confirmation may be given before or after the noise is created.
[Amended 9-14-2017 by L.L. No. 5-2017]
(8) 
The playing, operation or use of a radio, television, musical instrument, phonograph, tape player, loudspeaker or sound amplifier in such a manner as to disturb the peace, quiet and repose of a reasonable person of normal sensitivities on a neighboring lot or premises. If the sound produced by such radio, television, musical instrument, phonograph, tape player, loudspeaker or sound amplifier is audible on a lot or premises adjoining the lot or premises on which same is located between the hours of 12:00 midnight and 8:00 a.m., this shall be prima facie evidence of a violation of this section.[1]
[Added 8-28-1984 by L.L. No. 2-1984; amended 7-22-2002 by L.L. No. 1-2002]
[1]
Editor's Note: Former § 106-2, Noise by dogs, added 12-19-1973, as amended, which immediately followed this section, was repealed 9-25-2003 by L.L. No. 10-2003. See now Ch. 48, Animals. Former § 106-3, Penalties for offenses, was repealed 5-19-2003 by L.L. No. 8-2003. See now Ch. 116, Penalties.
(9) 
The outside operation of any gas-powered device for the cutting, trimming, or blowing of any trees, hedges, grass, or other vegetation other than between the hours of 8:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding legal holidays.
[Added 7-20-2020 by L.L. No. 5-2020]
[Added 8-23-2022 by L.L. No. 13-2022]
A. 
Upon approval of the Village Police Department, a permit may be granted to extend the time limits of § 106-1B(8).
(1) 
The application shall be made by the property owner of the subject property and shall contain the following information and documentation:
(a) 
The name of the owner.
(b) 
The address and section, block, and lot designation of the property.
(c) 
The date and time for which the permit is sought. (If it is after 12:00 midnight, it would be the date after 12:00 midnight.)
(d) 
A check made payable to the Village for the permit fee.
(2) 
Conditions to the permit.
(a) 
The permit shall not exceed more than one hour so that in no event shall the extension of time permit the noise between 1:00 a.m. and 8:00 a.m.
(b) 
No permit pursuant to this subsection shall be issued to any person more than one time in any calendar year.
(c) 
No permit pursuant to this subsection shall be issued for any property more than one time in any calendar year.