[HISTORY: Adopted by the Board of Trustees
of the Village of Pomona 2-20-73 by L.L. No. 2-1973. Amendments noted where applicable.]
GENERAL REFERENCES
Firearms — See Ch. 70.
It is found and declared that:
A.
The making and creation of loud, unnecessary or unusual
noises within the limits of the Village of Pomona is a condition which
has existed for some time and the extent and volume of such noises
is increasing.
B.
The making, creation or maintenance of such loud,
unnecessary, unnatural or unusual noises which are prolonged, unusual
and unnatural in their time, place and use affect and are a detriment
to the public health, comfort, convenience, safety, welfare and prosperity
of the residents of the Village of Pomona.
C.
The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is declared as
a matter of legislative determination and public policy, and it is
further declared that the provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of securing
and promoting the public health, comfort, convenience, safety, welfare
and prosperity and the peace and quiet of the Village of Pomona and
its inhabitants.
D.
The causing or performance of any noise prohibited
herein which occurs in any one day shall be considered as a separate
violation of this chapter. Each day during which the prohibited activity
continues shall be considered a new violation.
It shall be unlawful for any person to make,
continue or cause to be made or continued any loud, unnecessary or
unusual noise or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of others
within the limits of the Village.
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but said enumeration shall not be deemed to be exclusive:
A.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, streetcar
or other vehicle on any street or public place of the Village except
as a danger warning; the creation by means of any such signaling device
of any unreasonably loud or harsh sound; the sounding of any such
device for an unnecessary and unreasonable period of time; the use
of any signaling device or the use of any horn, whistle or other device
operated by engine exhaust; and the use of any such signaling device
when traffic is for any reason held up.
B.
Radios, phonographs, etc. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph or other machine or device for the
producing or reproducing of sound in such manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any
time with louder volume than is necessary for convenient hearing for
the person or persons who are in the room, vehicle or chamber in which
such machine or device is operated and who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine
or device between the hours of 10:00 p.m. and 8:00 a.m. in such a
manner as to be plainly audible at a distance of 50 feet from the
building, structure or vehicle in which it is located shall be prima
facie evidence of a violation of this section.
[Amended 11-22-1999 by L.L. No. 6-1999]
C.
Loudspeakers; amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting attention of the public to any
building or structure or to a candidate in an election campaign.
D.
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets, particularly between the
hours of 10:00 p.m. and 8:00 a.m. or at any time or place so as to
annoy or disturb the quiet, comfort or repose of persons in any office
or in any dwelling or other type of residence or of any persons in
the vicinity.
[Amended 11-22-1999 by L.L. No. 6-1999]
E.
Animals, birds, etc. The keeping of any animal or
bird which by causing frequent or long-continued noise shall disturb
the comfort or repose of any persons in the vicinity.
F.
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal-combustion engine or motor
vehicle except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
G.
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
H.
Loading, unloading or opening boxes. The creation
of a loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates
and containers.
I.
Construction or repairing of buildings or maintenance
of property. The erection (including excavating), demolition, alteration
or repair of any building, and the performance of any construction
work, tree removal, debris removal, operation or maintenance of equipment,
including landscape maintenance equipment, air wrenches and other
noise-producing power tools, and any equipment which amplifies sound,
other than between the hours of 7:00 a.m. and 8:00 p.m., Monday through
Friday, or between 8:00 a.m. and 6:00 p.m., Saturday and Sunday, except
in the case of urgent necessity in the interest of public health and
safety.
[Amended 2-8-1988 by L.L. No. 1-1988; 11-22-1999 by L.L. No.
6-1999]
J.
Schools, courts, churches or hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court when the same is in use, or adjacent
to any hospital, which unreasonably interferes with the workings of
such institution or disturbs or unduly annoys patients in the hospital,
provided that conspicuous signs are displayed in such streets indicating
that the same is a school, hospital or court street.
K.
Hawkers or peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
L.
Drums; instruments. The use of any drum or other instrument
or device for the purpose of attracting attention, by creation of
noise, to any performance, show or sale.
M.
Metal rails, pillars and columns: transportation thereof.
The transportation of rails, pillars or columns of iron, steel or
other material over and along streets and other public places upon
carts, drays, cars, trucks or in any other manner, so loaded as to
cause loud noises or as to disturb the peace and quiet of such streets
or other public places.
N.
Pile drivers, hammers, etc. The operation between
the hours of 6:00 p.m. and 7:00 a.m. weekdays and any time on Saturday
or Sunday of any pile driver, steam shovel, pneumatic hammer, derrick,
steam or electric hoist or other appliance, the use of which is attended
by loud or unusual noises.
[Amended 2-8-1988 by L.L.
No. 1-1988]
O.
Blowers. The operation of any noise-creating blower
or power fan or any internal-combustion engine, the operation of which
causes noise due to the explosion of operating gases or fluids, unless
the noise from such blower or fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such noise.
