Whereas excessive sound is a serious hazard
to the public health, welfare, safety and the quality of life; and
whereas a substantial body of science and technology exists by which
excessive sound maybe substantially abated; and whereas the people
have a right to and should be ensured of an environment free from
excessive sound; now, therefore it is the policy of the Village of
Poquott to prevent excessive sound that may jeopardize the health,
welfare or safety of the citizens or degrade the quality of life.
As used in this chapter, the following terms
shall have the meanings indicated:
NOISE DISTURBANCE
Any sound that:
A.
Endangers the safety or health of any person;
B.
Disturbs a reasonable person of normal sensitivities;
or
C.
Endangers personal or real property.
PERSON
Any individual corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
The following restrictions are specific enactments
to curb and prevent disturbing and unnecessary noises in violation
of this chapter, and shall be prohibited, but said enumeration shall
not be deemed to be exclusive.
A. Any loud, disturbing, and unnecessary noise from any
source between the hours of 11:00 p.m. and 7:00 a.m., prevailing time.
B. Noise from any dog or other pet animal that creates
a noise disturbance across any property line. For purposes of this
section, a "noise disturbance from a barking dog" shall be defined
as that created by a dog barking for 15 minutes.
C. Noise from a burglar or other alarm system of any
building, motor vehicle or boat which exceeds 15 minutes on each of
the three hours following its activation.
D. Noise from the erection or construction, including
excavation, demolition, alteration or repair of any building, other
than between the hours of 7:00 a.m. to sunset.
E. Excessive noise from motor vehicle or boat engine
repairs or testing between the hours of 8:00 p.m. to 8:00 a.m.
F. Noise from any sound reproduction system, operating
or playing any radio, television, tape deck or similar device that
reproduces or amplifies sound in such a manner as to create a noise
disturbance for any person other than the operator of the device 60
feet from its source or over any property line.
G. Gas-powered
leaf blowers.
[Added 7-8-2021 by L.L. No. 3-2021]
(1) The
operation of any gas-powered leaf blower device during the following
days and times shall be deemed a noise disturbance:
(a) Monday
through Friday prior to 8:00 a.m. or after 6:00 p.m.; or
(b) Saturday
prior to 9:00 a.m. or after 5:00 p.m.; or
(2) Notwithstanding
the above, a gas-powered leaf blower device may be used on Sundays
or holidays between 9:00 a.m. and 5:00 p.m. as set forth below and
not be deemed a noise disturbance:
(a) Use
by property owners; or
(b) Use
by governmental entities.
(3) In the
event of an emergency as determined by the Mayor, the restrictions
set forth herein may be suspended.
No person shall cause, suffer, allow or permit
to be made verbally or mechanically any noise disturbance. Noncommercial
public speaking and public assembly activities conducted on any public
space or public right-of-way shall be exempt from the operation of
this section.