[HISTORY: Adopted by the Board of Trustees
of the Village of Shortsville 7-26-1977 by L.L. No. 5-1977; amended in its entirety 1-8-2002 by L.L. No.
1-2002. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 43.
The making and creating of disturbing, excessive
or offensive noises within the jurisdictional limits of the Village
is a condition which has persisted, and the level and frequency of
occurrences of such noises continue to increase. These noise levels
are a detriment to the public health, comfort, convenience, safety
and welfare of the citizens. Every person is entitled to an environment
in which disturbing, excessive or offensive noise is not detrimental
to his or her life, health or enjoyment of property. This 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.
A.
No person, with the intent to cause public inconvenience,
annoyance or alarm, or recklessly creating a risk thereof, shall cause,
suffer, allow or permit to be made unreasonable noise. For purposes
of this chapter, "unreasonable noise" is any disturbing, excessive
or offensive sound that disturbs a reasonable person of normal sensitivities.
B.
The following acts are declared to be prima facie
evidence of a violation of this chapter. This enumeration shall not
be deemed exclusive.
(1)
Any unnecessary noise from any source between the
hours of 11:00 p.m. and 7:00 a.m. the following day.
(2)
Noise from a dog or other pet animal that is continuous
and exceeds 15 minutes.
(3)
Noise from a burglar alarm or other alarm system of
any building, motor vehicle or boat which is continuous and exceeds
15 minutes.
(4)
Noise from any sound reproduction system, operating
or playing any radio, portable radio or tape player, television, tape
deck or similar device that reproduces or amplifies sound in such
a manner as to be heard 60 feet from its source or over any property
line.
(5)
The erection, including excavation, demolition, alteration
or repair, of any building other than between 7:00 a.m. and 9:00 p.m.,
except in case of a public safety emergency.
(6)
The operation of power equipment in residential zones
outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following
day, and on weekends between 10:00 p.m. and 8:00 a.m.
(7)
The sounding of any horn or signaling device of an
automobile, motorcycle or other vehicle for any unnecessary or unreasonable
period of time.
(8)
The making of improper noise or disturbance or operating
an automobile or motorcycle in such a manner as to cause excessive
squealing or other excessive noise of the tires.
(9)
Operating in the streets or elsewhere in the Village
of Shortsville any motor-driven vehicle, such as but not limited to
a motor vehicle, motorcycle, minibike, snowmobile, etc., without causing
the noise from the exhaust thereof to be properly muffled.
(10)
Offering for sale anything by shouting or outcrying
upon the public streets and sidewalks.
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 municipally sponsored celebrations or events.
C.
Noise from individually sponsored events where a permit
for public assembly or other relevant permission has been obtained
from the Village Clerk/Treasurer.
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, provided
that such operation or use does not occur between the hours of 10:00
p.m. and 8:00 a.m.
E.
Noise generated by the installation and maintenance
of utilities.
