[HISTORY: Adopted by the Board of Trustees
of the Village of Fairport 6-17-1941 (Ch. 32 of the 1968 Code). Amendments noted where applicable.]
This chapter shall be known as the "Noise Ordinance."
Subject to the provisions of this chapter, the
creation of any unreasonably loud, disturbing and unnecessary noise
in the Village of Fairport is prohibited. Noise of such character,
intensity and duration as to be detrimental to the life or health
of any individual is prohibited.
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but said enumeration shall not be deemed to be exclusive,
namely:
A.
The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle, except as a danger signal; the sounding
of a multi-toned or musical horn; the creation by means of any such
signal device of any unreasonably loud or harsh sound and the sounding
of such device for an unnecessary and unreasonable period of time,
except that this subsection shall not apply to vehicles of the Fire
Department, Police Department, emergency vehicles of the municipal
departments or emergency vehicles of public-service corporations or
ambulances.
B.
The playing of any radio, television, phonograph,
musical instrument or other machine or device for the producing, reproducing
or amplification of sound in such a manner or with such volume, particularly
between the hours of 11:00 p.m. and 7:00 a.m., as to annoy the quiet,
comfort or repose of persons in any dwelling, hotel or other type
of residence. It shall be prima facie evidence of a violation of this
section if the sound emanating from such machine or device is:
[Amended 5-14-1990 by L.L. No. 4-1990]
(1)
Audible beyond the property line of the premises upon
which it is being used between the hours of 11:00 p.m. and 7:00 a.m.
(2)
Audible at a distance of 50 feet beyond the property
line of the premises upon which it is being used between the hours
of 7:00 a.m. and 11:00 p.m.
(3)
Audible at a distance of 50 feet from such machine
or device if operated from within a motor vehicle on a public street.
C.
The keeping of any animal or bird which by causing
frequent or long-continued noise shall disturb the comfort and repose
of any person in the vicinity.
D.
The use of any automobile, motorcycle or vehicle so
out of repair, so loaded or in such manner as to create loud or unnecessary
grating, grinding, rattling or other noise.
E.
The discharge into the open air of the exhaust of
any steam engine, stationary internal-combustion engine, air compressor
or motor vehicle or motorboat engine or the making of a mechanical
noise by a compressor or refrigeration unit, except through a muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
[Amended 5-14-1990 by L.L. No. 4-1990]
F.
The sounding of any bell, except church bells, siren,
alarm or any other warning device or gong attached to any building
or premises which disturbs the quiet or repose of the persons in the
vicinity thereof.
[Amended 8-13-1990 by L.L. No. 6-1990]
G.
The unreasonable and unnecessary sounding and crying
of peddlers, hawkers and vendors which disturbs the quiet and repose
of the neighborhood.
H.
The use of any drum, loudspeaker or other instrument
or device to create noise for the purpose of attracting attention
to any performance, show, sale or display of merchandise or for advertising
of any nature.
I.
The use of mechanical loudspeakers or amplifiers on
trucks or other vehicles, except police trucks or vehicles, for advertising
or other purposes.
J.
In any public park, or on adjacent waterways, or on
any public street, sidewalk or parking lot, the playing of radios,
phonographs, tape recorders or similar devices which interfere with
the peace and tranquility of any other person present in the park
or on adjacent waterways, or on a street, sidewalk or parking lot,
or in the vicinity thereof, other than in conjunction with authorized
entertainment and events under the auspices of the Town Recreation
Department and/or under the authority of the Village Board.
[Added 11-12-1984 by L.L. No. 5-1984]
K.
The loading or unloading of any vehicle or the opening
or destruction of bales, boxes, crates or containers in such a manner
as to create loud or explosive noises.
[Added 5-14-1990 by L.L. No. 4-1990]
Any person violating any of the provisions of
this chapter shall be punishable by a penalty not exceeding $250 or
by imprisonment for not more than 15 days, or both, for each offense.
This chapter shall take effect on July 1, 1941.
