[HISTORY: Adopted by the Board of Trustees of the Village of Westfield 6-21-1999
by L.L. No. 1-1999. Amendments noted where applicable.]
This chapter will be entitled and known as the "Noise Control Law of
the Village of Westfield."
It is the policy of the Board of Trustees of the Village of Westfield
to maintain the peace and quiet of the residential areas of the Village of
Westfield. Unreasonable noise is determined by the Board of Trustees to be
a hazard to the public health, welfare and safety and to the quality of life
of the residential areas of the Village of Westfield. It is further declared
that the provisions hereinafter contained and enacted are in the pursuance
of and for the purpose of preserving, protecting and promoting the public
health, safety and welfare, and the peace and quiet of the residential areas
of the Village of Westfield.
A.
AUDIBLE
KNOWINGLY
PERSON
PREMISES
RESTRICTED SOUNDS
(1)
(2)
(3)
(4)
(5)
UNREASONABLE NOISE
(1)
(2)
(3)
(4)
(5)
(6)
VEHICLES
As used in this chapter the following terms will have
the meanings indicated:
Sound which is loud enough to be heard by a person.
The same as defined in § 15.05, Subdivision 2, of the Penal
Law of the State of New York.
A human being and, when appropriate, a public or private corporation,
an unincorporated association or a partnership.
An apartment, building or parcel of land; however, when the restricted
sound originates from an apartment, "premises" will mean apartment only.
Sounds emanating from the following sources:
The playing of music by any band or orchestra.
The playing of any radio, television, phonograph, drum, musical instrument,
sound amplifier, speaker or similar device that produces, reproduces or amplifies
sound.
The ringing of bells, sounding of gongs or blowing of any whistle, horn
or signaling device, except burglar alarms in any building or necessary warning
signals upon a motor vehicle or bicycle or motorcycle.
Shouting or yelling, unless necessary for protection of life or property.
Operation of any motor vehicle or motorcycle not equipped with a muffler
or other sound-restrictive device in good working order and in constant operation.
Any restricted sound, as defined by this chapter, originating within
a residential area of the Village of Westfield and which is an excessive,
unnecessary or unusually loud sound or any sound which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety of a person.
Standards to be considered in determining whether unnecessary noise exists
in a given situation include the following:
The intensity or loudness of the noise.
The intensity or loudness of the background noise, if any.
The proximity of the noise to sleeping facilities.
The character of the neighborhood from which the noise emanates.
The time duration of the noise.
The disturbance to any persons created by the noise.
Motorized or nonmotorized vehicle or machinery designed for the carriage
of persons or property.
B.
All other words or terms used in this chapter shall have
the meaning normally ascribed to such word or term.
A.
No person shall make, contrive, or cause to be made or
assist in making any unreasonable noise.
B.
No person who is a tenant or subtenant of a house or
apartment or any person having any control or authority over said building
or apartment shall knowingly permit, suffer or allow unreasonable noise to
exist within such building or apartment or in any other area which the tenant
or subtenant has authority to use or occupy.
C.
No person who is an owner of real estate or an agent
of such owner shall knowingly permit, suffer or allow unreasonable noise to
exist within such real estate.
D.
Other unlawful acts are:
(1)
Radios, phonographs, etc. The using, operating or permitting
to be played, used or operated any radio receiving set, musical instrument,
phonograph or other machine or device for the producing or reproducing of
sound in such manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants or at any time with louder volume than is necessary for convenient
hearing for the persons who are in the room, vehicle or chamber in which such
machine or device is operated and who are voluntary listeners thereto. The
operation of any such set, instrument, phonograph, machine or device in such
a manner as to be plainly audible at a distance of 30 feet from the building,
structure or vehicle in which it is located shall be prima facie evidence
of a violation of this subsection.
(2)
Yelling, shouting, etc. Yelling, shouting, hooting, whistling,
singing or the uttering of obscenities upon the public streets so as to annoy
or disturb the quiet, comfort or repose of persons in any office or in any
dwelling, hotel or other type of residence or of any persons in the vicinity.
(3)
Sound devices in motor vehicles. The playing of any radio,
music player or audio system in a motor vehicle at such volume as to disturb
the quiet, comfort or repose of other persons or at a volume which is plainly
audible to persons other than the occupants of such vehicle.
Any restricted sound which is plainly audible off the premises or from
the vehicle from which the sound originates and from a distance of at least
30 feet from the source of said sound or the building or structure from which
said sound originates shall be prima facie evidence that such sound is unreasonable
noise.
Any person present in any apartment or portion of a building or vehicle
from which unreasonable noise emanates shall be presumed to have made or assisted
in making unreasonable noise.
A.
Nothing contained in this chapter shall be construed
to prevent the production of music in connection with any military, civic
or authorized parade or funeral procession or to prevent any musical performance
conducted by consent of the Village Board of Trustees.
B.
Governmental exceptions. The provisions of this chapter
shall not apply to sounds from any municipal, federal or state vehicle, equipment,
building or employee or agent or contractor thereof, provided that said sounds
are a result of and within the scope of work thereof.
Any person violating § 109-4 of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
