Village of Orchard Park, NY
Erie County
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[HISTORY: Adopted by the Board of Trustees of the Village of Orchard Park 12-3-1979 by L.L. No. 20-1979 (Ch. 68 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 88.
Building code administration and enforcement — See Ch. 92.
Parades, processions and gatherings — See Ch. 162.
Peddlers and solicitors — See Ch. 166.
Vehicles and traffic — See Ch. 200.
Zoning — See Ch. 225.
As used in this chapter, the following terms shall have the meanings indicated, unless the context or subject matter otherwise requires:
AMBIENT NOISE
The all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far.
COMMERCIAL PURPOSE
Includes the use, operation, or maintenance of any sound-amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public to or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating any such sound equipment.
EMERGENCY WORK
Work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.
MOTOR VEHICLES
Includes but is not be limited to minibikes and go-carts.
NONCOMMERCIAL PURPOSE
The use, operation, or maintenance of any sound equipment for other than a commercial purpose. Noncommercial purpose shall mean and includes, but shall not be limited to, philanthropic, political, patriotic, and charitable purposes.
SOUND-AMPLIFYING EQUIPMENT
Any machine or device for the amplification of the human voice, music, or any other sound. Sound-amplifying equipment shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. Sound-amplifying equipment, as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
SOUND TRUCK
Any motor vehicle or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto any sound-amplifying equipment.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original § 68.2, Decibel measurement criteria, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets, sidewalks or public places indicating the presence of a school, church, or hospital.
A. 
Radio, television sets, and similar devices.
(1) 
Use restricted. It shall be unlawful for any person within any residential district of the Village to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day) in such manner as to disturb the peace, quiet and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area.
(2) 
Prima facie violation. Any noise exceeding the ambient noise level at the property line of any property (or, if a condominium or apartment house, within any adjoining apartment) shall be deemed to be prima facie evidence of a violation of the provisions of this subsection.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Hawkers and peddlers. It shall be unlawful for any person within the Village to sell anything by outcry within any area of the Village zoned for residential uses. The provisions of this subsection shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events.[2]
[2]
Editor's Note: See also Ch. 166, Peddlers and Solicitors.
C. 
Drum use restricted. It shall be unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the Village. This subsection shall not apply to any person who is a participant in a school band or duly licensed parade or who has been otherwise duly authorized to engage in such conduct.
D. 
Animals and fowl. No person shall keep or maintain or permit the keeping of, upon any premises owned, occupied, or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound, cry, or behavior, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood.[3]
[3]
Editor's Note: See also Ch. 88, Animals.
E. 
Machinery, equipment, fans, and air conditioning. It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air-conditioning apparatus or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level.
[Amended 3-22-2010 by L.L. No. 2-2010]
F. 
Construction of buildings and projects. It shall be unlawful for any person within a residential district, or within a radius of 500 feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects or to operate any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other construction type device except to perform emergency work between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance.
G. 
Vehicle repairs. It shall be unlawful for any person within any residential district of the Village to repair, rebuild, or test any motor vehicle (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in that area is caused discomfort or annoyance.
H. 
Train horns and whistles. It shall be unlawful for any person to operate or sound, or cause to be operated or sounded (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day), a train horn or train whistle which creates a noise in excess of 89 dbA at any place or point 300 feet or more distant from the source of such sound.
I. 
Jake Brakes. Use of the truck-braking system commonly known as a "Jake Brake" is prohibited at all times and in all places in the Village of Orchard Park.
[Added 9-12-2011 by L.L. No. 2-2011[4]]
[4]
Editor’s Note: This local law also provided for the redesignation of former Subsection I as Subsection J.
J. 
Additional regulations.
(1) 
It shall be unlawful for any person to wilfully make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
(2) 
The standards which shall be considered in determining whether a violation of the provisions of this subsection exists shall include but not be limited to the following:
(a) 
The volume of noise.
(b) 
The intensity of noise.
(c) 
Whether the origin of the noise is natural or unnatural.
(d) 
The volume and intensity of the background noise, if any.
(e) 
The proximity of the noise to residential sleeping facilities.
(f) 
The nature and zoning of the area within which the noise emanates.
(g) 
The density of the inhabitation of the area within which the noise emanates.
(h) 
The time of the day or night the noise occurs.
(i) 
The duration of the noise.
(j) 
Whether the noise is recurrent, intermittent, or constant.
(k) 
Whether the noise is produced by a commercial or noncommercial activity.
[Amended 3-22-2010 by L.L. No. 2-2010]
The commercial and noncommercial use of sound-amplifying equipment shall be subject to the following regulations:
A. 
The only sounds permitted shall be either music or human speech, or both.
B. 
The operation of sound-amplifying equipment shall only occur between the hours of 8:00 a.m. and 10:00 p.m. each day except on Sundays and legal holidays. No operation of sound-amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound-amplifying equipment for noncommercial purposes on Sundays and legal holidays shall only occur between the hours of 10:00 a.m. and 10:00 p.m.
C. 
It shall be unlawful to operate any sound-amplifying equipment within 200 feet of churches, schools, hospitals, or Village or other public buildings.
D. 
In any event, the volume of sound shall be so controlled that it will not unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitiveness within the area of audibility.
[Amended 3-22-2010 by L.L. No. 2-2010]
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. 
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.
D. 
Noise generated by the installation and maintenance of utilities.
E. 
Music in connection with a military or civic parade, funeral procession or religious service authorized by the Village.
[Amended 3-22-2010 by L.L. No. 2-2010]
Any person who shall violate any provision of this chapter shall be punished as provided in Chapter 1, Article III, of this Code.