The terms used herein are defined as follows:
PERSON
Any individual, firm, association or corporation, whether
such person is the owner, lessee or charter member, its servants,
agents or employees and/or their guests.
SOUND DEVICE OR APPARATUS
Any radio device or apparatus or any device or apparatus
for the amplification of sounds from any radio, phonograph or other
sound-making or sound-producing device or any device or apparatus
for the reproduction or amplification of the human voice or other
sounds.
TO USE OR OPERATE ANY SOUND DEVICE OR APPARATUS IN, ON, NEAR
OR ADJACENT TO ANY PUBLIC STREET, PARK OR PLACE
To use, operate or cause to be used or operated any sound
device or apparatus in front of, or outside, any building, place or
premises or in or through any window, doorway or opening of such building,
place or premises abutting on or adjacent to any public street, park
or place where the sounds therefrom may be heard upon any public street,
park or place or from any stand, platform or other structure or from
any airplane or other device used for flying, flying over the Village
or in any boat or on the water within the jurisdiction of the Village
or anywhere on or in the public streets, parks or places, which can
be heard from a distance of 50 feet or more from the point of broadcast.
UNNECESSARY
That which is not required by usual circumstances.
USUAL
The normal noise range for a particular type of vehicle or
mechanism.
The provisions of this chapter shall not apply
to the following acts, and shall constitute a defense to any charge:
A. The emission of sound for the purpose of alerting
persons to the existence of an emergency.
B. Noise from Village-sponsored celebrations or events.
C. Noise from individually sponsored events which have
been authorized by the Board of Trustees of the Village of Holley.
D. The operation or use of any organ, radio, bell chimes
or other instrument, apparatus or device by any church, synagogue
or school licensed or chartered by the State of New York.
E. Noise generated by the installation and maintenance
of utilities.
F. Noise specifically authorized by the Village of Holley
for a time of limited duration, after written application to the Board
of Trustees and approval of said application. In the discretion of
the Board, and depending upon the circumstances of the request, a
public hearing may be held to consider the request, upon specific
notice to landowners of adjoining property within 100 feet of the
broadcast point of the noise. Failure to observe conditions imposed
by noise specifically authorized by the Village shall abrogate and
nullify any authorization previously given.
Any person who violates any provision of this
chapter shall be guilty of a violation and shall be subject to community
service and/or a fine of not less than $25 and not more than $250
for each offense. The Village may also seek injunctive relief to prevent
the continued violation of this chapter.