The provisions of this Article
II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this article shall not be interpreted to prevent the issuance of permits pursuant to §
164-14 that will authorize particular sound sources.
It shall be unlawful for any person anywhere
in the village to use or to operate any radio or receiving set, musical
instrument, phonograph, television set, any other machine or device
for the producing or reproducing of sound or any other sound-amplifying
equipment in a loud, annoying or offensive manner such that noise
from the device interferes with the comfort, repose, health or safety
of members of the public within any building or, outside of a building,
at a distance of 25 feet or more from the source of such sound or
interferes with the conversation of members of the public who are
25 feet or more from the source of such sound.
It shall be unlawful for any person to advertise,
promote or sell anything by outcry within any area of the village
zoned for residential uses. The provisions of this section shall not
be construed to prohibit the selling by outcry of merchandise, food
and beverages at licensed sporting events, parades, fairs, circuses
and other similar licensed public entertainment events.
It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined in §
164-4 of this chapter. In making such determination with respect to the matters governed by this subsection, additional factors to be considered shall include:
A. The necessity of the work being done.
B. The ability of the creator of the noise to minimize
or reduce the amount of noise created or to otherwise minimize its
adverse effects.
This article shall be applied in addition to §
164-4.
It shall be unlawful for any person to make
or continue or cause to be made or continued any loud, unnecessary
or unusual noise or sound that shall continue for more than three
cumulative minutes in any sixty-minute period and which shall exceed
the permitted noise levels specified in this chapter. Any designated
official of the Village of Hamburg may issue a verbal warning that
the violation exists and of the penalties that may ensue.
This chapter shall not apply to fire horns or
other alarms authorized by the Fire Department or Police Department
and operated in accord with that authorization.