[Adopted 9-22-1975 by L.L.
No. 2-1975 as Ch. 65, Art. III and § 65.53 of the 1975 Code;
amended in its entirety 10-17-1983 by L.L.
No. 8-1983]
It is hereby declared to be the policy of the Village Board to prevent
any unreasonable, loud, disturbing and unnecessary noise. Noise of such character,
intensity and duration as to be detrimental to the life or health of any individual
or contrary to the public welfare is prohibited.
As used in this article, the following terms shall have the meanings
indicated:
DECIBEL
The decibel is 1/10 of a bell and is a unit of a level when the base
of a logarithm is the 10th root of 10 and the quantities concerned are proportional
to power.
PERSON
Includes any individual, firm, association or corporation, whether
such person is the owner, lessee or charterer, its servants, agents or employees.
SOUND DEVICE OR APPARATUS
Any radio device or apparatus or any device or apparatus for the
amplification of sounds from any radio, phonograph or other sound-making or
sound-producing device or any device or apparatus for the reproduction or
amplification of the human voice or other sounds.
TO USE OR OPERATE ANY SOUND DEVICE OR APPARATUS IN, ON OR ADJACENT TO
ANY PUBLIC STREET, PARK OR PLACE
To use or operate or cause to be used or operated any sound device
or apparatus in front of or outside of any building, place or premises or
in or through any window, doorway or opening of such building, place or premises
abutting on or adjacent to any public street, park or place or in or upon
any vehicle operated, standing or being in or upon any public street, park
or place where the sounds therefrom may be heard upon any public street, park
or place or from any stand, platform or other structure or from any airplane,
or other device used for flying, flying over the village or in any boat or
on the waters within the jurisdiction of the village or anywhere on or in
the public streets, parks or places.
UNNECESSARY
That which is not required by the usual circumstances.
USUAL
The normal noise range for a particular type of vehicle or mechanism.
[Amended 10-1-1984 by L.L.
No. 6-1984]
Any person or persons, association, firm or corporation who or which shall violate any of the provisions of this article shall be guilty of a violation punishable as provided in Chapter
1, §§
1-18 and
1-19 of this Code or imprisonment for not more than 15 days, or both.
[Adopted 3-21-1983 by L.L.
No. 4-1983]
[Amended 10-1-1984 by L.L.
No. 4-1984]
The village recognizes the need for externally audible burglar alarms
as a protection against and a deterrent to the burglary of structures, vehicles
and things located within the village and for the prevention of vandalism
thereto. The village declares, however, that the reasonable objectives of
externally audible burglar alarms are accomplished when the sound associated
with their operation persists for not more than five minutes. Operation of
externally audible burglar alarms for more than five minutes does not serve
any legitimate objective or purpose. The sound associated with the operation
of an externally audible burglar alarm becomes unreasonable after five minutes
of operation in residential districts and after 15 minutes of operation in
commercial districts and constitutes a public nuisance.
As used herein, the following terms shall have the meanings set forth
below, unless the context shall clearly require otherwise:
EXTERNALLY AUDIBLE BURGLAR ALARM
Any warning device designed to produce an audible sound when triggered
by unauthorized entry into or tampering with a structure, vehicle or thing
to which it is affixed.
OPERATION
The continuous or intermittent emission of a sound from an externally
audible burglar alarm.
SOUND
The noise produced by a horn, siren, bell, buzzer or any other device,
the principal purpose of which is to create a noise to attract attention or
to give warning.
It shall not be a defense to any violation charged under §
139-10 of this article that the operation of any audible burglar alarm was:
A. Initiated by the action or conduct of a person whose
action or conduct was criminal with respect to the structure, vehicle or thing
to which the externally audible burglar alarm was connected or affixed.
B. Initiated by reason of a malfunction thereof.
C. During normal waking hours.
[Amended 10-1-1984 by L.L.
No. 4-1984]
It shall be unlawful for the owner, occupant or person having possession
or custody of or control over any structure, vehicle or thing to which an
externally audible burglar alarm is connected or affixed to permit, suffer
or allow the operation of that externally audible burglar alarm for a period
in excess of five minutes if in a residential district and for a period in
excess of 15 minutes if in a commercial district. Any such operation constitutes
a public nuisance.
In addition to any other penalty permitted or allowed under the laws of the State of New York, any person convicted of a violation of §
139-10 of this article shall be guilty of a violation punishable as provided in Chapter
1, §§
1-18 and
1-19 of this Code.