For the purpose of this chapter, the terms used
herein are defined as follows:
SOUND DEVICE OR APPARATUS
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
UNNECESSARY
That which is not required by the usual circumstances.
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but the enumeration herein shall not be deemed to be exclusive:
A. The operation of any radio, phonograph or
use of any musical instrument in such a manner or with such volume
as to annoy or disturb the quiet, comfort or repose of persons in
any dwelling, hotel or other type of residence.
B. The keeping of any animal or bird which,
by causing frequent or long-continued noise, shall disturb the comfort
and repose of any person in the vicinity.
C. The use of any automobile, motorcycle, trail
bike, minibike, snowmobile, bus or vehicle so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
D. The blowing of any steam whistle attached
to any stationary boiler, except to give notice of the time to begin
or stop work or as a warning of danger.
E. The discharge into the open air of the exhaust
of any steam engine, stationary internal-combustion engine or motor
vehicle engine, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
F. The erection, including excavation, demolition,
alteration or repair, of any building other than between 7:00 a.m.
and 9:00 p.m., except in case of urgent necessity in the interest
of public safety as determined by the Building Inspector or other
applicable laws in the Code of the Village of Liberty.
G. The creation of any excessive noise on any
street adjacent to any school, institution of learning or court while
the same is in session or adjacent to any hospital, which unreasonably
interferes with the workings of such institutions, provided that conspicuous
signs are displayed in such streets indicating that the same is a
school, hospital or court street.
H. The creation of a loud and excessive noise
in connection with the loading or unloading of any vehicle, or the
opening and destruction of bales, boxes, crates and containers in
such a manner as to create an unreasonable or unnecessary noise of
unreasonable extent and duration.
I. The shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood.
J. The use of any drum, loudspeaker or other
instrument or device for the purpose of attracting attention to any
sale or display of merchandise by the creation of noise.
K. The sounding of any horn or signal device
on any vehicle, motorcycle, bus or other device, except as a warning
signal, pursuant to the provisions of Subdivision 1 of § 375
of the Vehicle and Traffic Law of the State of New York.
L. The use of any radio apparatus, talking
machine, loudspeaker or amplifier attached thereto in such manner
that the loudspeaker shall cause the sound from such radio apparatus
or talking machine to be projected directly therefrom outside of any
building or out-of-doors, or the use of any radio apparatus, talking
machine, loudspeaker or amplifier which is in any way fastened to
or connected with any outside wall or window in any building or structure
so that the sound therefrom is projected outside of such outside wall
or window. Nothing herein contained shall be construed to prevent
the operation of a radio apparatus or talking machine used in a reasonable
manner by any person within any building or structure, provided that
the said radio apparatus or talking machine or loudspeaker is not
so arranged that such loudspeaker shall project the sound therefrom
directly outside of any building or out-of-doors.
M. The creation of any noise which causes public
inconvenience or alarm or disturbs the public's peace, comfort or
tranquility.
It shall be unlawful for any person to use or
operate, or cause to be used or operated, any sound device or apparatus
in, on, near or adjacent to any public street, park or place for commercial
or business advertising purposes, or for any person to operate or
drive any automobile, truck or other vehicle for commercial or business
advertising by means of any sound device or apparatus. The use of
any trade, business or corporate name or the name of any person, proprietor
or vendor in such commercial or business advertising shall be presumptive
evidence that such advertising was conducted by that person, business
or corporation.
The following sounds shall not be deemed to
be a violation of this chapter:
A. Sounds created by church bells or chimes.
B. Sounds created by any government agency
by the use of public warning devices.
C. Sounds created by lawnmowers between the
hours of 8:00 a.m. and 9:00 p.m., prevailing time, weekdays and 10:00
a.m. and 9:00 p.m., prevailing time, Sundays.
D. Sounds created by public utilities in carrying
out operation of their franchises.
E. Sounds connected with sporting events of
any public or private school or authorized carnival, fair, exhibition,
parade, etc., allowed by permit of the Village Board.
F. Sounds on private property which do not
carry beyond the boundary lines of the property on which they are
created.
G. Use of loudspeakers in connection with voter
registration projects and, within 30 days prior to an election, the
use of loudspeakers in connection with election campaigns between
9:00 a.m. and 8:00 p.m., prevailing time.
H. Between the hours of 6:00 a.m. and 9:00
p.m., sounds created in the exercise of any trade, industry, business
or employment, provided that it is not conducted in such a manner
as to create any unreasonable or unnecessary noise of an unreasonable
extent and duration.
Any person committing an offense against any
of the provisions of this chapter shall be guilty of a violation under
the Penal Law and, upon conviction thereof, shall be punishable by
a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
This chapter shall be administered and enforced
by the Police Department.