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:
PERSON
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.
SOUND DEVICE OR APPARATUS
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 ANY SOUND DEVICE OR APPARATUS IN, ON, NEAR
OR ADJACENT TO ANY PUBLIC STREET, PARK OR PLACE
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.
UNNECESSARY
That which is not required by usual circumstances.
USUAL
The normal noise range for a particular type of vehicle or
mechanism.
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.