[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.]
As used in this chapter, the following terms
shall have the meanings indicated, unless the context or subject matter
otherwise requires:
The all-encompassing noise associated with a given environment,
usually being a composite of sounds with many sources near and far.
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.
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.
Includes but is not be limited to minibikes and go-carts.
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.
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.
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]
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.
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]
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]
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.
