The provisions of this Article
II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this article shall not be interpreted to prevent the issuance of permits pursuant to §
163-14 that will authorize particular sound sources.
It shall be unlawful for any person anywhere in the Village to use or
to operate any radio or receiving set, musical instrument, phonograph, television
set, any other machine or device for the producing or reproducing of sound
or any other sound-amplifying equipment in a loud, annoying or offensive manner
such that noise from the device interferes with the comfort, repose, health
or safety of members of the public within any building or, outside of a building,
at a distance of 25 feet or more from the source of such sound or interferes
with the conversation of members of the public who are 25 feet or more from
the source of such sound.
It shall be unlawful for any person to advertise, promote or sell anything
by outcry within any area of the Village zoned for residential uses. The provisions
of this section 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 for which
a lawful permit has been issued and is in force.
Section
163-10 shall be applied in addition to §
163-4.
It shall be unlawful for any person to make or continue or cause to
be made or continued any loud, unnecessary or unusual noise or sound that
shall continue for more than three cumulative minutes in any sixty-minute
period and which shall exceed the permitted noise levels specified in this
chapter. Any designated official of the Village may issue a verbal warning
that the violation exists and of the penalties that may ensue.
This chapter shall not apply to fire horns or other alarms authorized
by the Horseheads Fire Department, Town and Country Fire Department, or Horseheads
Police Department and operated in accord with that authorization, or to emergency
warning devices, sirens, alarms or other devices being used in connection
with the operation of emergency vehicles when performing emergency work and
in the performance of public duties.