[HISTORY: Adopted by the Board of Trustees of the Village
of Brockport 3-2-1998 by L.L. No. 2-1998[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 5.
Firearms, fireworks and explosives — See Ch. 18.
Fire alarm systems — See Ch. 19A.
Peace and good order — See Ch. 35.
Streets and sidewalks — See Ch. 45.
[1]
Editor's Note: Former Ch. 55, Noise, adopted 8-18-1975
by L.L. No. 3-1975, as amended, was repealed 3-16-1998 by L.L. No.
4-1998.
The making and creating of disturbing, excessive or offensive
noises within the jurisdictional limits of the Village of Brockport
is a condition which has persisted, and the level and frequency of
occurrences of such noises continues to increase. It is hereby declared
to be the policy of the Board of Trustees of the Village of Brockport
to prevent any unreasonable, loud, disturbing and unnecessary noise.
These noise levels are a detriment to the public health, comfort,
convenience, safety and welfare of the residents of the Village of
Brockport. Every resident is entitled to an environment in which disturbing,
excessive or offensive noise is not detrimental to his or her life,
health or enjoyment of his or her property. The chapter is to be construed
liberally, but it is not intended to be construed so as to discourage
the enjoyment by residents of normal, reasonable and usual activities.
For the purposes of this chapter, the terms used herein are
defined as follows:
Any individual, firm, association or corporation, whether
such person is the owner, lessee or charter member, its servants,
agents or employees and/or their guests.
Any radio device or apparatus or any device or apparatus
for the amplification of sounds from any radio, phonograph or other
sound-making or sound-producing device or any device or apparatus
for the reproduction or amplification of the human voice or other
sounds.
To use or operate or cause to be used or operated any sound
device or apparatus in front of or outside any building, place or
premises or in or through any window, doorway or opening of such building,
place or premises abutting on or adjacent to any public street, park
or place where the sounds therefrom may be heard upon any public street,
park or place, or from any stand, platform or other structure, or
from any airplane or other device used for flying, flying over the
Village, or in any boat or on the waters within the jurisdiction of
the Village, or anywhere on or in the public streets, parks or places.
That which is not required by usual circumstances.
The normal noise range for a particular type of vehicle or
mechanism.
A.
No person with the intent to cause public inconvenience, annoyance
or alarm or recklessly creating a risk thereof shall cause, suffer,
allow or permit to be made unreasonable noise. For the purpose of
this chapter, "unreasonable noise" is any disturbing, excessive or
offensive sound that disturbs a reasonable person of normal sensitivities.
B.
The following acts among others by any person are declared to be
prima facie evidence of a violation of this chapter. This enumeration
shall not be deemed exclusive.
(1)
Any unnecessary noise from any sources which are of such character,
intensity and duration as to be detrimental to the life or health
of any individual or contrary to the public welfare, especially between
the hours of 9:00 p.m. and 7:00 a.m. the following day.
(2)
Noise from a dog or other pet/animal that is continuously disturbing
the comfort and repose of any person in the vicinity and exceeds 15
minutes.
(3)
The use of any automobile, motorcycle or vehicle so out of repair
or so loaded or operated in such a manner as to create loud and unnecessary
noise; the making of improper noise or disturbance or operating an
automobile or motorcycle in such a manner as to cause excessive squealing
or other excessive noise of the tires.
(4)
Noise from a burglar alarm or other alarm system of any building,
motor vehicle or boat which is continuous and exceeds 15 minutes.
(5)
Noise from any sound-reproduction system operating or playing any
radio, portable radio, tape player, television, tape deck or similar
device that reproduces or amplifies sound in such a manner as to be
heard 40 feet from its source or over any property line.
(6)
The erection, including excavation, demolition, alteration or repair,
of any building other than between 7:00 a.m. and 8:00 p.m., except
in case of a public safety or emergency.
(7)
The operation of power equipment in residential zones outdoors between
the hours of 9:00 p.m. and 7:00 a.m. the following day and on weekends
between 9:00 p.m. and 8:00 a.m.
(8)
The sounding of any horn or signaling device of an automobile, motorcycle
or other vehicle for any unnecessary or unreasonable period of time.
(9)
Offering for sale anything by shouting or outcrying upon the public.
The use and operation of sound devices and apparatus for commercial
or business advertising purposes are prohibited. It should 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.
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 Village-sponsored celebrations or events.
C.
Noise from individually sponsored events which have been authorized
by the Board of Trustees of the Village of Brockport.
D.
The operation or use of any organ, radio, bell chimes or other instrument,
apparatus or device by any church, synagogue or school licensed or
chartered by the State of New York.
E.
Noise generated by the installation and maintenance of utilities.
[Amended 12-13-2002 by L.L. No. 3-2002; 11-16-2015 by L.L. No. 1-2015]
Any person, corporation or other entity who violates the provisions
of this chapter shall be guilty of a violation and shall be subject
to imprisonment not to exceed fifteen days or a fine not to exceed
$250 or both such fine and imprisonment.
