[HISTORY: Adopted by the Board of Trustees of the Village of Groton 10-19-1992
as L.L. No. 5-1992. Amendments noted where applicable.]
It shall be unlawful to make, create, cause, suffer, encourage or permit
to be made any unnecessary, loud, prolonged or disturbing noise within the
limits of the Village of Groton.
The following are declared to be unnecessary and disturbing noises and
a violation of this chapter, but this enumeration shall not be deemed to be
exclusive:
A.
The sounding of any horn or signal device on any premises,
within any building or on any automobile, motorcycle, bus or other vehicle,
except as a necessary warning or danger signal and except warning devices
on authorized emergency vehicles.
B.
The playing of any radio, phonograph, sound-amplifying
equipment, musical or other instrument or device in such manner and of such
volume as to annoy or disturb the quiet, comfort or repose of persons in any
dwelling, residence, tavern, store or other building.
C.
The use of any drum, band, loudspeaker or other instrument or devise for the purpose of attracting attention by creation of noise to any rally, performance, show, carnival, fair or the sale of either real or personal property, except when permission has been granted by the village or some authorized person or committee acting under its authority. This shall not be construed to prevent or limit religious, political or patriotic activities, if conducted between the hours of 9:00 a.m. and 5:00 p.m., except insofar as the same may be limited by Subsection G hereof.
D.
The use, operation or running of any automobile, motorcycle,
mechanical equipment or vehicle so out of repair or in such manner as to create
loud or unnecessary grating, grinding, rattling or other noise, whether upon
the streets or highways or adjacent thereto.
E.
The discharge into the open air of the exhaust of a motor
vehicle or engine, except through a muffler which effectively prevents loud,
explosive noises therefrom, or discharging any pistol, gun, firearm, weapon
or explosive.
F.
The creation of any excessive or unnecessary noise or
any street or grounds adjacent thereto within 500 feet of any school, place
of worship, public meeting or court, while the same is in session, or any
hospital, nursing or rest home or sanitarium at any time, which interferes
with the orderly, quiet and effective conduct and operation of the same.
G.
The erection (including excavating), demolition, alteration
or repair of any building other than between the hours of 7:00 a.m. and sunset
Monday through Friday, 9:00 a.m. to sunset Saturdays, Sundays excepted, except
in cases of urgent necessity or in the interest of public safety, and in such
cases only under a permit from the Building Inspector.
H.
The shouting and crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood.
I.
The keeping or having possession of any animal or bird
which emits or issues any noise, bark, bray, bellow, cry or sound that disturbs
the quiet, comfort or repose of any person in the vicinity.
J.
The operating of a motor vehicle or motorcycle in such
a manner as to cause excessive squealing or other excessive noise of the tires
or motor of said vehicle or motorcycle.
K.
The operating of or allowing a truck to stand with the
motor idling at any place unless in the normal flow of traffic.
L.
The making, creating or causing to be made or created
of any unreasonable sound or noise which is excessively loud and which would,
at the boundary line of the property from which such sound or noise emanates,
either annoy, disturb, injure or endanger the comfort, repose, health, peace
or safety of a reasonable person of normal sensibilities, or which causes
injury to animal life or damage to property or business.
A.
Where the enforcement of this chapter would create an
unnecessary hardship, the Village Board, in its discretion, is authorized
to grant a permit for a noisy event and to suspend the application of this
chapter to such event. Such a permit shall be granted only in those circumstances
where the applicant demonstrates that the suspension is necessary for a valid
purpose, that the proposed suspension is the minimal intrusion needed and
that, on balance, the need for and benefits of the suspension outweigh the
needs and rights of the surrounding neighbors to a peaceable and quiet environment.
Suspension of this chapter with respect to specific places at specific times
shall be permitted at the discretion of the Village Board. The village shall
not be liable to any person, corporation or organization for its grant or
refusal to grant a waiver and permit hereunder.
B.
An application for such exception or suspension of this
chapter shall be made, in writing, to the Board of Trustees and submitted
to the Village Clerk at least one day prior to a meeting of the Village Board
preceding the scheduled date for the proposed occurrence of a noisy event.
Such application shall state:
(1)
The date and times proposed for the event.
(2)
The nature of the event.
(3)
The exact place in the village where such event is to
occur.
(4)
The names of the sponsors of the event, including the
name of the adult person responsible for compliance with the permit if different
from the applicant, which adult person shall also sign the application and
agree to be responsible for compliance with the permit terms and any conditions
attached thereto.
(5)
The number of people expected at the event.
(6)
Noise abatement and control methods planned.
(7)
Such other information as the Village Clerk and/or Village
Board may reasonably require to adequately consider the permit request.
(8)
An agreement of the applicant and/or sponsor of the event
to abide by all terms and conditions of any permit issued pursuant to the
application.
C.
The Village Board shall consider the application at the
next meeting of the Village Board of Trustees. The suspension of this chapter
and the issuance of a permit for a noisy event shall be deemed discretionary.
The Village Board may impose any conditions deemed necessary by such Board
to minimize the intrusion of sound that might occur by such exercise of the
privileges granted by the permit, including, without limitation, requirements
that notice of the noisy event be provided to neighbors or others likely to
be disturbed as a result of the event. Upon approval of a permit, the Village
Board shall direct the Village Clerk to issue such permit subject to any conditions
imposed thereon, and the Village Clerk shall issue the same to the applicant.
