[HISTORY: Adopted by the Board of Trustees
of the Village of Geneseo 1-5-1998 by L.L. No. 1-1998.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 44.
False alarms — See Ch. 60.
Peddling and soliciting — See Ch. 82.
[1]
Editor's Note: This local law supersedes former
Ch. 77, Noise, adopted 4-16-1990 by L.L. No. 3-1990, as amended.
The peace and tranquility of the Village has
been continually and unnecessarily disrupted by excessive, disturbing
and offensive noises, and the level and frequency of such disturbances
continue to increase. The level of these noises adversely affects
the health, comfort, convenience, safety and welfare of persons within
the Village. All persons are entitled to an environment free of disturbing,
excessive or offensive noises that are detrimental to life, health
or personal peace and tranquility. This chapter is to be construed
liberally, but is not intended to be construed so as to discourage
the enjoyment of normal, reasonable and usual activities.
A.
No person, acting with intent to cause public inconvenience,
annoyance or alarm, or acting with reckless disregard of the effects
on others, shall cause, suffer, allow or permit the creation of unreasonable
noise, For purposes of this chapter, unreasonable noise is any disturbing,
excessive or offensive sound that annoys a reasonable person of normal
sensibilities.
B.
The following acts are declared to be prime facie
evidence of a violation of this chapter. This enumeration is not be
deemed as exclusive.
(1)
Any unnecessary noise from any source between the
hours of 11:00 p.m. and 7:00 a.m. the following day.
(2)
Noise from a dog or other privately owned animal that
continues with only minor interruptions for 15 minutes or more.
(3)
Noise from a burglar or other alarm system of any building, motor vehicle or boat which continues with only minor interruptions for five minutes or more. (See also § 77-3, infra.)
(4)
Noise from any sound reproduction system operating
or playing any radio, CD or tape player, television or similar device
that reproduces or amplifies sound in such a manner as to be heard
60 feet from its source or beyond any property line.
(5)
Noise from public bars, restaurants, public party
houses, bowling alleys or the like so loud as to be annoying to a
reasonable person when heard 60 feet from, or beyond the property
line of, the establishment.
(6)
The erection, including excavation, demolition, alteration
or repair of any structure other than between 7:00 a.m. and 9:00 p.m.
except in case of an emergency public safety requirement.
(7)
The operation of a motor vehicle, motorcycle, lawn
tractor or other gasoline or diesel engine that, due to modifications
or through normal wear and tear, emits a sound greater than that emitted
as originally manufactured.
(8)
The operation of power equipment such as tractors,
mowers, power saws and similar noise-producing equipment in residential
zones on weekdays between the hours of 10:00 p.m. and 7:00 a.m. the
following day, and on weekends between 10:00 p.m. and 8:00 a.m.
(9)
The sounding of any horn or signaling device of an
automobile, motorcycle or other vehicle for any unnecessary or unreasonable
period of time.
(10)
The making of improper noise or disturbance or operating
an automobile or motorcycle in such a manner as to cause excessive
motor roar, or excessive squealing of the tires.
(11)
Shouting or other outcry or clamor upon the public
streets or sidewalks for the purpose of selling or otherwise attracting
attention.
The Geneseo Police are directed to take any
reasonably necessary action to abate the noise created by an unattended
mechanical device such as an engine, alarm or the like when a person
responsible for the device or a person who can silence the device
is not present and cannot be contacted in a reasonably short time.
The provisions of this chapter shall not apply
to the following acts:
A.
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
B.
Noise from municipally sponsored celebrations or events.
C.
Noise from individually sponsored events where a permit
for the event has been obtained from the Village Clerk. When authorized
by the Village Board, the Village Clerk is authorized to issue a permit
for a wedding reception or similar event to be held outdoors or in
a tent, with music provided by a band, orchestra or sound reproduction
equipment, provided that the sound levels are not annoying to a reasonable
person when heard at a distance of 500 feet from its source or provided
that the event does not continue beyond 10:00 p.m. or is limited to
a maximum duration of four hours. The intended hours of the event
shall be furnished to the Village Clerk at the time of application
for permit and shall be listed on the permit which shall be submitted
at least three weeks prior to the event with the property owner’s
signature. Other reasonable conditions which conform to the intent
and purposes of this chapter may be imposed upon the issuance of such
permits which are not authorized more frequently than once in any
six-month period for the same property. The Village Board reserves
the right to limit the number and frequency of permits granted in
any geographic area of the Village of Geneseo. A copy of each permit
along with the conditions limiting such permit will be provided to
the Village Police Department. The Village of Geneseo shall have the
right to revoke the permit at any time if the sound levels go beyond
the five-hundred-foot guideline, causing a disturbance. The Village
of Geneseo will not be held liable for the consequences of such revocation.
[Amended 5-18-1998 by L.L. No. 5-1998; 10-15-2012 by L.L. No.
2-2012]
D.
The operation or use of any organ, radio, bell, chimes
or the like by any church, synagogue or school licensed or chartered
by the State of New York, provided that such operation or use does
not occur between the hours of 10:00 p.m. and 8:00 a.m.
E.
Noise generated by the installation and maintenance
of utilities.
F.
Music in connection with a military or civic parade,
funeral procession or religious service authorized by the Village.
G.
Authorized sporting events.
[Amended 10-15-2012 by L.L. No. 2-2012]
Any person who violates any provision of this
chapter shall be guilty of a violation and shall be subject to a minimum
fine of $50, not to exceed $250, for each offense. The Village may
also seek injunctive relief to prevent the continued violation of
this chapter.
