This Chapter
123 shall be known as "Noise."
As used in this chapter, the following terms 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
0.0002 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 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. nor be used as an ordinary warning signal
at any time.
No person shall operate or use any radio, musical instrument,
television, phonograph or other machine or device in or on any bus
or public means of conveyance, other than taxicabs, in such manner
that the sound emanating from such sound-reproduction device is audible
to another person.
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; or
C. In order to reasonably test such device.
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, church or court while the
same is in use, or adjacent to any hospital, nursing home or home
for the aged, which noise unreasonably interferes with the working
of such school, institution of learning, church or court or which
disturbs or annoys patients in a hospital, 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.
A person violating any provision of this chapter shall be subject to the penalties set forth in §
142-3 of the Village Code.
The provisions of any section of this chapter shall not be deemed
to modify or otherwise affect or be in substitution for any provision
of any other section of this chapter or other chapter of the Village
Code of the Village of Phoenix but shall be cumulative thereto.
If the provisions of this chapter are inconsistent with any
other provision in the Village Code of the Village of Phoenix, or
with any rule or regulation of any department, bureau or governmental
agency of the Village of Phoenix, the provisions of this chapter shall
be controlling.
Any person who observes or has knowledge of a violation of this
chapter may file a signed deposition or statement, under oath or affirmed
under penalty of perjury, with a police officer, specifying the objectionable
conduct, the date thereof, and the name and address, if known, of
the alleged violator. A police officer shall investigate each complaint
and, if the complaint is supported by probable cause, issue a notice
of violation therefor.