This chapter shall be known and may be cited as the "Village of Horseheads
Noise Law."
The purpose of this chapter is to preserve the public health, peace,
welfare and good order by suppressing the making, creation or maintenance
of excessive, unnecessary, unnatural or unusually loud noises which are prolonged,
unusual and unnatural in their time, place and use and which are detrimental
to the environment. It is also the purpose of this chapter to allow all residents
of the Village to coexist harmoniously in a manner which is mutually respectful
of the interests, rights and obligations of all persons.
Unless the context otherwise clearly indicates, the words and phrases
used in this chapter are defined as follows:
The hours between 7:30 a.m. and 10:00 p.m., local time, on any day.
Work made necessary to restore property to a safe condition following
a public calamity or work necessary to protect persons or property from an
imminent exposure to danger.
A sound of short duration, usually less than one second, and of high
intensity, with an abrupt onset and rapid decay.
Includes but is not limited to automobiles, trucks, buses, mopeds,
minibikes, go-carts, snowmobiles, all-terrain vehicles or the like, and any
other vehicles as defined by the Vehicle and Traffic Law of the State of New
York, as it may be amended from time to time.
The hours between 10:00 p.m., local time, on any day and 7:30 a.m.
on the following day.
Includes the singular and plural and also any individual; any property
owner and/or lessee; any firm; a corporation; a political subdivision; a government
agency, including any agency of the Village of Horseheads; an association
or an organization, including but not limited to officers, directors, employees,
agents and/or independent contractors thereof; or any legal entity whatsoever.
Any machine or device for the amplification of the human voice, instrumental
music or any other sound. Sound-amplifying equipment shall not include standard
automobile radios or tape recorders when used and heard only by the occupants
of the vehicle in which such automobile radio or tape recorder is installed.
As used in this chapter, sound-amplifying equipment shall not include warning
devices on authorized emergency vehicles or horns or other warning devices
on any vehicle used only for traffic safety purposes or authorized fire horns
or other authorized emergency alarms.
A level of sound that is injurious or annoying or disturbing to be
heard.
The Village of Horseheads, New York.
A.
No person shall intentionally cause public inconvenience,
annoyance or alarm or recklessly create a risk thereof by making unreasonable
noise or by causing unreasonable noise to be made.
B.
For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person or an animal, machine, instrument or item owned, operated by, or under such person's control which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. Factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following:
(1)
The intensity of the noise.
(2)
Whether the nature of the noise is usual or unusual.
(3)
Whether the origin of the noise is associated with nature
or human-made activity.
(4)
The intensity of the background noise, if any.
(5)
The proximity of the noise to sleeping facilities.
(6)
The nature and the zoning district of the area within
which the noise emanates and of the area within 500 feet of the source of
the sound.
(7)
The time of the day or night the noise occurs.
(8)
The time duration of the noise.
(9)
Whether the sound source is temporary.
(10)
Whether the noise is continuous or impulsive.
(11)
The volume of the noise.
(12)
The existence of complaints concerning the noise from
persons living or working in different places or premises who are affected
by the noise.
