As used in this chapter, the following items shall have the
meanings indicated:
A-SCALE
The measurement of sound approximating the auditory sensitivity
of the human ear as measured with a sound-level meter using the A-weighing
network. The unit of measurement is the dB(A).
CONSTRUCTION
Any or all activity, except tunneling, necessary or incidental
to the erection, demolition, assembling, altering, installing or equipment
of buildings, public or private highways, roads, premises, parks,
utility lines (including such lines in already constructed tunnels)
or other property, including land clearing, grading, excavating and
filling.
DECIBEL
The unit of sound measurement, on a logarithmic scale, of
the ratio of the magnitude of a particular sound pressure to a standard
reference pressure which, for the purpose of this chapter, shall be
0.002 microbar.
EMERGENCY
A public calamity or an exposure of any person or property
to imminent danger.
EMERGENCY SIGNAL DEVICE
Any gong, siren, whistle, air horn or similar device, the
use of which on emergency vehicles is permitted by Subdivision 26
of § 375 of the Vehicle and Traffic Law.
EXCESSIVE NOISE
Any sound which endangers or injures the safety or health
of humans or animals or annoys or disturbs a reasonable person of
normal sensitivity or endangers or injures personal or real property.
MOTOR VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn, which is propelled by any power
other than muscular power, except vehicles which run only upon rails
or tracks. This definition shall include but not be limited to trucks,
buses, automobiles, vans, motorcycles, motor-driven cycles, motor
scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts,
minibikes, trail bikes and all other types of motorized recreational
vehicles.
NOISE
Any erratic, intermittent, statistically random oscillation
or unwanted sound.
PERSON
Any individual, partnership, company, corporation, association,
firm, organization, governmental agency, administration or department
or any other group of individuals or any officer or employee thereof.
SOUND-REPRODUCTION DEVICE
A device intended primarily for the production or reproduction
of sound, including but not limited to any radio receiver, television
receiver, tape recorder, musical instrument, phonograph or sound-amplifying
system.
No person shall make, continue or cause, or permit to be made
or continued, any excessive noise.
No person shall operate or use, or cause to be operated or used,
any sound-reproduction device for commercial or business advertising
purposes; or for the purpose of attracting attention to any performance,
show or sale or display of merchandise in connection with any commercial
or business enterprise, including those engaged in the sale of radios,
television sets, phonographs, tape recorders, phonograph records or
tapes, in front or outside of any building, place or premises or in
or through any aperture of such building, place or premises abutting
on or adjacent to a public street, park or place; or in or upon any
vehicle operated, standing or being in or on any public street, park
or place where the sound 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 on a boat or on the waters within the jurisdiction of
the Village; or anywhere on the public streets, parks or places; provided,
however, that nothing in this section shall prohibit vehicles from
which ice cream products and similar products are sold from being
equipped with a bell, not exceeding three inches in diameter, or a
set of up to four such bells, nor prohibit the use thereof by the
driver of such vehicle, provided that no such bell or set of bells
shall be capable of being heard from a distance greater than 400 feet
and provided further that no such bells shall be used for any purpose
between the hours of 9:00 p.m. and 9:00 a.m. or be used as an ordinary
warning signal at any time.
No person shall cause the sounding of any horn or signaling
device on any automobile, motorcycle, bicycle or other vehicle except
as a danger warning.
No person shall operate or use, or cause to be operated or used,
any emergency signal device except:
A. On an emergency vehicle when such vehicle is in the immediate act
of responding to an emergency.
B. To give notice as a warning of an emergency.
C. In order to reasonably test such device.
No person shall engage in or permit any person to be engaged
in construction activities which create excessive noise at the property
limits of the construction site, between the hours of 9:00 p.m. one
day and 7:00 a.m. of the following day, on any day of the week, except
in the case of an emergency, as defined herein, where construction
activities are directly connected to the abatement of such emergency.
No person shall create, or permit to be created, any noise on
any street, sidewalk or public place, or on private property adjacent
to any school, institution of learning or church while the same is
in use, or adjacent to any nursing home or home for the aged, which
noise unreasonably interferes with the working of such school, institution
of learning or church or which disturbs or annoys patients in a nursing
home or home for the aged.
No person shall make, or permit to be made, excessive noise
in connection with loading or unloading of any vehicle or the opening,
unloading or destruction of bales, boxes, crates and containers.
No person shall keep or permit the keeping of any animal or
bird which makes excessive noise.
The operation of vehicles and equipment used by the Village
of Spencerport in the performance of official duties shall be exempt
from the requirements of this chapter until such time as vehicles
and equipment capable of compliance are available and acquisition
thereof is authorized by the Village Board.