[HISTORY: Adopted by the Board of Trustees
of the Village of Middleport 12-1-1986 by L.L. No. 5-1986. Amendments noted where
applicable.]
It is hereby declared to be the policy of the
Village Board to prevent unreasonably loud, disturbing and unnecessary
noise. It is the intention of the Village Board to maintain reasonable
noise levels within the Village of Middleport so as to preserve, protect
and promote the public health, safety and welfare and to foster convenience,
peace and quiet within the village by the inhabitants and transients
within the Village of Middleport. The Village Board finds that every
person is entitled to have maintained noise levels which are not detrimental
to life, health, comfort, the ability to sleep, and to have the enjoyment
of property, and that excessive and unreasonable noise within the
Village of Middleport affects and is a menace to public health, safety,
welfare and comfort of the people of the village.
This chapter shall be known as the "Noise Control
Law of the Village of Middleport."
A.Â
No person shall cause or permit to be caused any noise
which can be heard by a person with normal hearing beyond the boundaries
of property owned, leased or otherwise controlled by him, or upon
which he is located, that would annoy, injure or endanger the comfort,
repose, health, peace or safety of other persons.
B.Â
No internal combustion engine shall be operated at
any time or place in the Village of Middleport without an adequate
muffler designed and manufactured to suppress exhaust noises or in
such a manner that the noise emitted therefrom shall annoy, injure
or endanger the comfort, repose, health, peace or safety of other
persons.
C.Â
No owner of any other person harboring or having custody
or control of any dog in the village shall permit or allow such dog
to engage in habitual or continuous loud howling, barking, crying
or whining or conduct itself in such manner so as to unreasonably
disturb the comfort or repose of any person off the premises where
the dog is harbored, or the owner resides.
D.Â
No person shall maintain or operate any radio, record
player, tape recorder, musical devices or instruments or other device
designed for the creation or broadcast or emission of music or other
sounds at such a level that the noise emitted therefrom shall unreasonably
disturb, annoy, alarm or interfere with the comfort or repose of any
person not on the premises on which such device is located.
[Added 4-19-2010 by L.L. No. 2-2010[1]]
As used in this chapter, the following terms shall have the
definitions indicated:
The American National Standards Institute.
A unit of sound levels; the weighted sound pressure level
by the use of the metering characteristics and weighting specified
in ANSI Specifications for Sound Level Meter. The default dB where
dB is not otherwise specified.
A unit of sound pressure level. As used in this chapter,
dB shall mean dBA as defined.
As used in § 132-3, shall mean a reasonable person of normal sensibilities.
An instrument comprised of microphone, amplifier, output
meter and frequency weighted networks which is used for noise and
sound levels.
[1]
Editor's Note: This local law also repealed former § 132-4,
Penalties for offenses.
[Added 4-19-2010 by L.L. No. 2-2010]
No person shall cause or permit to be caused by any means noise
which causes the noise level to exceed 65 dB on any residential property
(other than the premises from which the noise emanates), including
both the residence and the real property outside of the residence
and forming a part of the residential property.
[Added 4-19-2010 by L.L. No. 2-2010]
Section 132-5 shall not apply to the following:
A.Â
Municipally caused noises.
B.Â
Noises caused by normal vehicular, railroad or boat and air traffic
(excluding noise by horns, radios or other noise emitting devices).
C.Â
Noise caused by emergency vehicles and emergency activities.
D.Â
Noise caused by vehicular horns or warning devices when used in an
emergency or warning situation.
E.Â
Noise caused by parades on Memorial Day, the Fourth of July and Labor
Day celebrations, or other permitted parades.
F.Â
Noise caused when a permit has been issued for any of the following:
(1)Â
A block party not exceeding two days, between the hours of 11:00
a.m. and 10:00 p.m., provided that no more than one such permit shall
be issued per year for any area of the Village.
(2)Â
Noise caused by concerts in municipal parks or public places where
sponsored or permitted by the Village.
(3)Â
Noise emanating from commercial establishments sponsoring concerts
or bands where a permit allowing noise exceeding 65 dB has been issued
by the Village, provided that no more than three such permits shall
be issued in any calendar year, and provided that such noise shall
not exceed more than three hours in total duration between the hours
of 12:00 p.m. and 9:00 p.m.
(4)Â
Noise caused by construction activity between the hours of 9:00 a.m.
and 6:00 p.m.
(5)Â
Noise caused by church or other noncommercial reasons for assembly,
organs, bells or chimes, having a duration of not more than one hour.
(6)Â
Noise caused by lawnmowers, leaf blowers, snow blowers, chainsaws,
and other maintenance equipment when muffled in accordance with manufacturers
specifications, and while being used for property maintenance purposes.
[Added 4-19-2010 by L.L. No. 2-2010]
This chapter may be enforced by any police agency or by the
building inspector of the Village of Middleport. This provision shall
not prohibit the bringing of a private action suit or the filing of
an information by an individual. A violation of this chapter shall
constitute an offense punishable by a fine of not more than $250 or
imprisonment of not more than 15 days or by both such fines and imprisonment.
In addition, the Village shall be entitled to injunctive relief from
a Court of jurisdiction.
[Added 4-19-2010 by L.L. No. 2-2010]
If any word, phrase or part of this chapter shall be deemed
unconstitutional or unenforceable, the remainder of this chapter shall
remain in full force and effect.
[Added 4-19-2010 by L.L. No. 2-2010]
This chapter shall take effect immediately upon filing with
the Secretary of State of the State of New York.
