City of Hornell, NY
Steuben County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Hornell as Art. III of Ch. 16 of the 1970 Municipal Code. Section 198-17 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
GENERAL REFERENCES
Dogs and other animals — See Ch. 135.
Farmers market — See Ch. 190.
Peace and good order — See Ch. 210.
Peddling and soliciting — See Ch. 215.

§ 198-1 Unnecessary noise prohibited.

The creation of any unreasonably loud, disturbing or unnecessary noise in the city is prohibited. Noise of such character, intensity or duration as to endanger public comfort, peace or repose or to be detrimental to the life or health of any individual is declared to be a nuisance and is prohibited. A violation of this chapter is hereby declared to be a nuisance within the meaning of this section, but such enumeration shall not be deemed to be exclusive.

§ 198-2 Disturbances in public places.

No person shall create a disturbance or engage in improper conduct or abusive acts or language in any church, theater, public hall or other public place.

§ 198-3 Animals and birds.

No person shall keep any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any person in the vicinity.

§ 198-4 Radios, phonographs and musical instruments.

No person shall operate or play any radio, phonograph or any musical instrument in such manner or with such volume at any time, particularly during the hours between 11:00 p.m. and 7:00 a.m., so as to annoy the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.

§ 198-5 Steam whistles.

No person shall blow or cause to be blown any steam whistle, except to give notice of the time to begin or stop work or as a warning of danger. The blowing or operating of a whistle operated by steam or other artificial means for more than 15 seconds at one time during a period of 30 minutes in any one day is prohibited.

§ 198-6 Motor vehicles.

No person shall use an automobile, motorcycle, bus or vehicle so out of repair or so loaded or in any manner as to create loud or unnecessary grating, grinding, rattling or other noise, such as unnecessary blowing of horns, squealing of tires, racing of motors or racing of motorcycles.

§ 198-7 Horns and signalling devices.

No person shall sound any horn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or, if in motion, only as a danger signal; nor create by means of any such signal device any unnecessary or unreasonably loud, harsh or prolonged sound; nor sound such device for an unnecessary and unreasonable period of time; except that this section shall not apply to the vehicles of the Departments of Fire and Police and such emergency vehicles of municipal departments or public service corporations and ambulances as are authorized or marked as approved by the Commissioners of Public Safety.

§ 198-8 Discharge of exhausts.

No person shall discharge or cause to be discharged into the open air the exhaust of any steam engine, stationary internal-combustion engine, motor vehicle or motorboat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

§ 198-9 Loading and unloading of vehicles; opening of boxes; handling of garbage cans.

A. 
No person shall create or cause to be created a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
B. 
The creation of loud and excessive noise in connection with the handling of ash, trash and garbage cans, either in loading or unloading and whether full or empty, is prohibited.

§ 198-10 Compressed-air devices.

No person shall use or cause to be used any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced.

§ 198-11 Creation of noise near institutions.

A. 
No person shall create or cause to be created any excessive noise on any street adjacent to any school, institution of learning or court while the same is in session or adjacent to any hospital which unreasonably interferes with the workings of such institution, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
B. 
The making by oneself or by the operation of any instrument, agency or vehicle of any unnecessary or unseemly noise within 150 feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick is prohibited. The Commissioners of Public Safety shall place as many signs as they may deem proper within or near the zones hereby created calling attention to the prohibition against unnecessary noises within such zones.

§ 198-12 Building operations.

No person shall create or cause to be created loud or excessive noise in connection with the erection, including excavation, demolition, alteration or repair of any building.

§ 198-13 Hawking and peddling.

The unreasonable and unnecessary sounding and crying of peddlers, hawkers and vendors which disturbs the quiet and peace of the neighborhood is prohibited.

§ 198-14 Bells and gongs.

No person shall sound or cause to be sounded any bell, except church bells, or gong attached to any building or premises which disturbs the quiet or repose in the vicinity thereof.

§ 198-15 Advertising.

A. 
No person shall use any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of loud and raucous noise to any performance, show or sale or display of merchandise.
B. 
The making, causing, permitting or allowing to be made of any loud and raucous noise by means of any rattle, clapper, hammer, drum, horn or any musical instrument or mechanism for creating or reproducing sound in a street or near enough to a street so that any such noise will be heard in a street for the purpose of advertising any goods, wares or merchandise or of attracting the attention or inviting the patronage of any person to any occupation or business whatsoever is prohibited.
C. 
It shall be unlawful for any person, either as a principal, agent or employee, to play, use or operate for advertising purposes or for any other purpose whatsoever on and upon the public streets, alleys, thoroughfares or public places in the city any device known as a "sound truck," "loudspeaker" or "sound amplifier," or any other instrument known as a "calliope" or any instrument of any kind or character which emits therefrom loud and raucous noise and is attached to and upon any vehicle, except police trucks or vehicles, operated or standing upon said public street, alleys, thoroughfares or public places.

§ 198-16 Sound-producing devices.

A. 
No person shall erect, install or use any sound-producing instrument, broadcaster, radio, amplifier or conveyor of sound on or over the streets or public places within the city for the purpose of advertising through loud and raucous noise any goods, wares or merchandise or any meeting, entertainment or event or for the purpose of attracting the attention or inviting the patronage of any person to any business whatsoever or to any meeting, entertainment or event or for any other purpose.
B. 
The provisions of this section shall not be construed to prevent any funeral procession or religious ceremony; nor shall the terms of this section be construed to prevent the production of music in connection with any parade authorized under any provision of law; nor shall this section prevent any musical performance upon any public street or place where a permit has been obtained from the Commissioners of Public Safety for such purpose; nor shall this section prevent the use of amplifiers or other sound-producing instruments in connection with any athletic competition or recreational event held on athletic fields, stadiums or public parks; nor shall such provisions apply to police or fire apparatus while used in the performance of public duty.

§ 198-17 Penalties for offenses. [1]

A violation of this chapter shall be punishable as provided in § 1-1 of the Code.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.