Village of Village of The Branch, NY
Suffolk County
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Table of Contents
Table of Contents
GENERAL REFERENCES

Peace and good order — See Ch. 59.

§ 55-1
Declaration of policy. 

§ 55-2
Definitions. 

§ 55-3
Prohibited noises; prima facie evidence; exceptions. 

§ 55-4
Legislative declaration in regard to sound devices. 

§ 55-5
Sound devices used for commercial advertising prohibited. 

§ 55-6
Penalties for offenses; enforcement. 

§ 55-1 Declaration of policy.

It is hereby declared to be the policy of the Board of Trustees to prevent any unreasonable, loud, disturbing and unnecessary noise. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual or contrary to the public welfare is prohibited.

§ 55-2 Definitions.

For the purposes of this chapter, the terms used herein are defined as follows:

DECIBEL
One-tenth of a bell, and a unit of a level when the base of a logarithm is the tenth root of 10 and the quantities concerned are proportional to power.
PERSON
Any individual, firm, association or corporation, whether such person be the owner, lessee or charterer, its servants, agents or employees.
SOUND DEVICE OR APPARATUS
Any radio device or apparatus or any device or apparatus for the amplification of sounds from any radio, phonograph or other sound-making or sound-producing device, or any device or apparatus for the reproduction or amplification of the human voice or other sounds.
TO USE OR OPERATE ANY SOUND DEVICE OR APPARATUS IN, ON, NEAR OR ADJACENT TO ANY PUBLIC STREET, PARK OR PLACE
To use or operate or cause to be used or operated any sound device or apparatus in front of or outside of any building, place or premises or in or through any window, doorway or opening of such building, place or premises, abutting on or adjacent to any public street, park or place, or in or upon any vehicle operated, standing or being in or upon any public street, park or place, where the sounds 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 in any boat or on the waters within the jurisdiction of the Village, or anywhere on or in the public streets, parks or places.
UNNECESSARY
That which is not required by the usual circumstances.
USUAL
The normal noise range for a particular type of vehicle or mechanism.

§ 55-3 Prohibited noises; prima facie evidence; exceptions.

[Amended 1-9-2007 by L.L. No. 3-2007]
A. 

No person shall cause, allow, or permit there to be unreasonable noise. For purposes of this section, unreasonable noise is any disturbing, excessive, or offensive sound that disturbs a reasonable person of normal sensitivities.

B. 

The following acts are declared to be prima facie evidence of a violation of this section. This list shall not be deemed exclusive.

(1) 

Any unnecessary noise from any source between the hours of 10:00 p.m. and 8:00 a.m. the following day.

(2) 

Noise from a dog or other domestic animal that is continuous and exceeds 15 minutes.

(3) 

Noise from a burglar alarm or other alarm of any building, motor vehicle, or boat which is continuous and exceeds 15 minutes.

(4) 

Noise from any sound-reproduction system, operating or playing any radio, portable radio, tape player, CD player, television, or similar device that reproduces or amplifies sound in such a manner as to be heard 60 feet from its source or over any property line.

(5) 

The erection, including excavation, demolition, alteration, or repair, of any building between the hours of 10:00 p.m. and 8:00 a.m. except in the case of public safety.

(6) 

The operation of gasoline or electric power equipment in residential zones outdoors between the hours of 10:00 p.m. and 8:00 a.m.

(7) 

The making of improper noise or disturbance or operating an automobile or motorcycle in such a manner so as to cause excessive squealing or other excessive noise of the tires.

C. 

Exceptions: The provisions of this section shall not apply to the following acts:

(1) 

The emission of sound for the purpose of alerting persons to an emergency;

(2) 

Noise from individually sponsored events where a permit for public assembly or other relevant permission has been obtained from the Village Clerk;

(3) 

The operation or use of any organ, bell, chimes, or device by any church, synagogue, or school licensed by the State of New York, provided such operation does not occur between the hours of 10:00 p.m. and 8:00 a.m.; or

(4) 

Noise generated by the repair or maintenance of utilities.

§ 55-4 Legislative declaration in regard to sound devices.

It is hereby declared that the use or operation of any radio device or apparatus or any device or apparatus for the amplification of sounds from any radio, phonograph or other sound-making or sound-producing device, or of any device or apparatus for the reproduction or amplification of the human voice or other sounds, in front of or outside of any building, place or premises or in or through any window, doorway or opening of such building, place or premises, abutting on or adjacent to any public street, park or place, or in or upon any vehicle operated, standing or being in or upon any public street, park or place, where the sounds 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 in any boat or on the waters within the jurisdiction of the Village, or anywhere on or in the public streets, parks or places, for commercial or business advertising purposes, is detrimental to the health, welfare and safety of the inhabitants of the Village, in that such use or operation diverts the attention of pedestrians and vehicle operators in the public streets, parks or places, thus increasing traffic hazards and causing injury to life and limb. It is hereby further declared that such use or operation disturbs the public peace and comfort and the peaceful enjoyment by the people of their right to use the public streets, parks and places for street, park and other public purposes, and disturbs the peace, quiet and comfort of the neighboring inhabitants. Therefore, it is hereby declared that the prohibition of such use or operation for commercial or business advertising purposes is essential to protect and to secure the health, welfare, safety, comfort, convenience and peaceful enjoyment by the inhabitants of the Village of their right to use the public streets, parks and places for street, park and other public purposes, and to secure the peace, quiet, enjoyment and comfort of the Village inhabitants.

§ 55-5 Sound devices used for commercial advertising prohibited.

A. 

It shall be unlawful for any person to use or operate or cause to be used or operated any sound device or apparatus in, on, near or adjacent to any public street, park or place for commercial or business advertising purposes.

B. 

It shall be unlawful for any person to operate or drive, or to employ, procure or induce another to operate, drive, lend, lease or donate, any automobile, truck or other type of vehicle, or to operate or aviate, or procure or induce another to operate, aviate, lend, lease or donate, any airplane or other type of flying device, for commercial or business advertising by means of any sound device or apparatus in violation of this chapter.

C. 

The use of the name of any person or of any proprietor, vendor or exhibitor, or the use of any trade, business or corporate name, in connection with such commercial or business advertising, shall be presumptive evidence that such advertising was conducted by reason of employment, procurement or induction on the part of said person, proprietor, vendor or exhibitor or the person or persons represented by said trade, business or corporate name.

§ 55-6 Penalties for offenses; enforcement.

[Amended 1-9-2007 by L.L. No. 3-2007]
A. 

Any person who violates or refuses to comply with this chapter shall be liable to a fine of not less than $100 nor more than $250 for each violation.

B. 

The Village Board shall have the power to designate any persons it deems necessary in its discretion to enforce this chapter.