In order to preserve, protect and promote the health, comfort,
safety, welfare and peace of the Town of Little Valley and its inhabitants,
it is necessary to regulate noise within the Town and to prevent excessive,
disturbing, unnecessary or unreasonable noise therein.
It shall be unlawful for any person or persons to make, continue,
aid, countenance, cause to be made or assist in making any excessive,
disturbing, unnecessary or unreasonable noise, except hereinafter
provided, within the limits of the Town of Little Valley.
Standards to be considered in determining whether any sound
existing in a given situation constitutes excessive, disturbing, unnecessary
or unreasonable noise within the prohibition of this chapter include:
B. The intensity of the noise.
C. Whether the noise is usual or unusual.
D. Whether the origin of the noise is natural or unnatural.
E. The volume and intensity of background noise, if any.
F. The proximity of the noise to residential sleeping facilities.
G. The time of the day or night the noise occurs.
H. The time duration of the noise.
I. Whether the sound source is temporary.
J. Whether the noise is continuous, impulsive or intermittent.
The following acts, among others, are declared to be excessive,
disturbing, unnecessary and unreasonable noises in violation of this
chapter, but any enumeration herein shall not be deemed to be exclusive:
A. Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle (other than
an emergency vehicle) on any street or public place, except as a necessary
or reasonable warning.
B. Bands, musical instruments, radios, etc. The playing of music by
any band, orchestra, radio, phonograph, musical instrument or other
device for the production or reproduction of sound in such manner
as to disturb the peace, quiet and comfort or neighboring inhabitants
or at any time with louder volume than necessary for convenient hearing
for the person or persons who are voluntary listeners thereto, except
on a special occasion for which permission of the Town Board is first
obtained, which permission shall specify the date, time and place
that the activity is authorized. The playing or operating of any such
band, instrument or device without such permission and in a manner
as to be plainly audible on adjacent properties shall be prima facie
evidence of a violation of this chapter.
C. Loudspeakers and amplifiers for advertising. The using, operating
or permitting to be used or operated of any radio receiving set, musical
instrument, phonograph, loudspeaker, sound amplifier or other device
for the production or reproduction of sound which is case upon the
public streets for the purpose of commercial advertising.
D. Yelling, shouting, etc.
(1) Yelling, shouting, hooting, whistling or singing on the public streets
or any public place between the hours of 10:00 p.m. and 7:00 a.m.
(2) Shouting and crying of peddlers, hawkers and vendors.
E. The firing or discharging of a firecracker or other explosive substance
within the limits of the Town of Little Valley, except on some special
celebration or occasion for which permission of the Town Board is
first obtained, which permission shall specify the date, time and
place that such activity is authorized, and the firing or discharging
of a gun, rifle, pistol or other firearm within 500 feet of any dwelling
within the limits of the Town except a dwelling which is occupied
by the person who fires or discharges such firearm.
F. Animals. The keeping or harboring of any animal which by causing
frequent, loud or continued noise shall disturb the comfort, peace
or repose of any persons in any residential area of the Town.
G. Exhaust of engines. The discharge into the open air of the exhaust
of any steam engine, stationery internal combustion engine, air compressor
or motor vehicle engine, except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
The following are specifically determined the permitted noises
within the limits of the Town of Little Valley:
A. Sound created by persons engaged in construction or farming work
during the hours of 7:30 a.m. to 8:00 p.m. weekdays, including but
not limited to building, repairing, grading, leveling, excavating,
plowing, planting, harvesting and other farm-related noises.
B. Sound created by any government agent or agency by the use of signaling
or public warning devices.
C. Sound created by lawn mowers or power tools in use between the hours
of 9:00 a.m. and 9:00 p.m. weekdays and 10:00 a.m. and 8:00 p.m. Sundays.
D. Sound created by public utilities or cable television franchisees
in carrying out the operation of their franchise.
E. Sounds connected with sporting or other authorized events of any
public or private school.
F. Sounds necessarily connected with special events for which permission
of the Town Board has been obtained, which permission shall specify
the date, time and place that the activity is authorized.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be subject to a fine not to exceed the sum
of $250 or to imprisonment in the county jail for a period not to
exceed 15 days, or to both such fine and imprisonment. The continuation
of a violation of this chapter shall constitute a separate and distinct
offense for each separate day or part thereof that the violation is
continued or renewed.