[HISTORY: Adopted by the Board of Trustees of the Village of West
Carthage as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-12-1993 by L.L. No. 4-1993[1]]
[1]
Editor's Note: This local law was originally adopted as Ch. 40, but
was renumbered to fit the alphabetical sequence of the Code.
The purpose of this article is to establish noise limits within the
Village of West Carthage.
A.
The creation of any unreasonable loud or disturbing or
unnecessary noise in the Village of West Carthage is prohibited. This unreasonable
loud, disturbing or unnecessary noise shall be any sound that is 80 decibels
or more as heard from 20 feet away from the source of the sound.
B.
The source of the sound to be prohibited can either be
human, animal, mechanical or electronic in origin.
The Village Board may issue permits for certain events which may generate
sounds in excess of the stated level.
Any violation of this article shall be an offense and shall be punishable
by a fine of not less than $10 nor more than $25 for each offense or by imprisonment
for not more than 15 days.
[Adopted 10-10-1995 by L.L. No. 2-1995]
The Board of Trustees find that:
A.
It shall be unlawful for any person within the Village
of West Carthage to make, continue or cause to be made or continued any loud,
unnecessary or unusual noise which either annoys, disturbs or endangers the
comfort, repose, health, peace or safety of others within the Village limits.
B.
The following acts are declared loud, disturbing and
unnecessary in violation of this section:
(1)
Vehicles.
(a)
Horns and signaling devices. The sounding of any horn
or signaling device on any vehicle on any street or public place in the Village,
except as a warning. Authorized emergency vehicles may use warning sounds.
(b)
Engine exhausts. The operation of any type of engine
except through a device, such as a muffler, which silences loud or explosive
noises issuing from said engine.
(2)
Building construction; power equipment.
(a)
Operating or permitting the operation of any tool or
equipment used in construction, including but not limited to the excavation,
alteration, construction or repair of any building, between the hours of 9:00
p.m. and 7:00 a.m., except in the case of an emergency or activities in the
interest of public safety.
(b)
Refuse compacting. The operation of a refuse compacting
vehicle in the process of collecting refuse between the hours of 9:00 p.m.
and 7:00 a.m.
(c)
Certain power equipment. Operating or permitting to be
operated a lawn mower, chain saw, log splitter or other power equipment between
the hours of 8:00 p.m. and 8:00 a.m. An exception is granted for emergency
uses of said power equipment, such as but not limited to removal of debris
from streets and snow removal. Furthermore, no provision contained in this
article shall prohibit the operation of snow blowers for their intended purpose
at any time.
(3)
Loudspeakers, amplifiers, paging systems, portable radios
and portable tape players; sound on the streets. The playing, using or operating
or permitting to be played, used or operated of any radio receiver, musical
instrument, phonograph, loudspeakers, sound amplifier or other machine or
device for the producing or reproducing of any sound which is heard upon the
public streets, sidewalks, parks, plaza areas or any public areas of the Village.
Permits for the operation of these devices may be obtained for the conduct
of any approved event or celebration. Practice sessions by school bands or
loudspeakers used at organizational athletic or scholastic events are exempt
from the operation of this article.
(4)
Radios and phonographs. Playing, using, operating or
permitting to be played, used or operated any radio receiving set, musical
instrument, phonograph, tape player, television receiving set or other machine
or device for the producing or reproducing of sound is prohibited if such
sound is loud enough to be clearly heard 25 feet from the boundary of the
property on which the sound is produced or reproduced.
(5)
Yelling and shouting. Yelling, shouting, loudly conversing,
screaming or singing on the public streets of the Village or at any time or
place so as to annoy the peace, quiet, comfort or repose of persons in any
office or any dwelling or any other type of residence or of persons within
the vicinity, within the limits of the Village.
(6)
Other noises. Any other unnecessary or unauthorized noise
which disturbs the peace, repose and daily activities of the inhabitants of
the Village is prohibited.
A.
Standards for determining violations.
(1)
It shall be unlawful for any person to willfully make
or continue or cause to be made or continued any loud or unnecessary or unusual
noises, hereinabove defined, which disturb the peace and quiet of any neighborhood
or which cause discomfort or annoyance to any reasonable person of normal
sensitiveness residing in the area.
(2)
It shall be unlawful for any person to willfully make
or continue or cause to be made or continued any loud or unnecessary or unusual
noises which cause discomfort to any person of unusual sensitiveness when
the person generating the noise knows or has reason to know of the other person's
unusual sensitiveness and fails to take reasonable measures to reduce or eliminate
said noises.
B.
The standard which may be considered in determining whether
a violation of the provisions of this section exist may include but are not
limited to the following:
(1)
The level of the noise.
(2)
Whether the nature of the noise is usual or unusual.
(3)
Whether the origin of the noise is natural or unnatural.
(4)
The level and intensity of the background noise, if any.
(5)
The proximity of the noise to residential sleeping facilities.
(6)
The nature and zoning of the area within which the noise
emanates.
(7)
The density of the inhabitation of the area within which
the noise emanates.
(8)
The time of the day and night the noise occurs.
(9)
The duration of the noise.
(10)
Whether the noise is recurrent, intermittent or constant.
Any person, firm or corporation violating any provision of this article
shall be fined not less than $50 nor more than $500 for each offense when
a separate offense shall be deemed committed on each day during or on which
a violation occurs or continues. The Police Department may, in its discretion,
confiscate the offending device at the scene of the offense, and the return
of said device shall be in the sound discretion of the court.
