Village of Sloan, NY
Erie County
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[HISTORY: Adopted by the Board of Trustees of the Village of Sloan 2-24-1959 (Ch. 65 of the 1989 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES

Animals — See Ch. 167.

Littering — See Ch. 295.

Peddling and soliciting — See Ch. 328.

§ 322-1
Noise. 

§ 322-2
Offensive odors. 

§ 322-3
Keeping or raising of pigeons and poultry unlawful. 

§ 322-4
Throwing of missiles. 

§ 322-5
Construal of provisions; applicability; word usage. 

§ 322-6
Penalties for offenses. 

A. 

Subject to the provisions of this section, the creation of any unreasonably loud, disturbing and unnecessary noise in the Village of Sloan by any person is prohibited as a public nuisance. Noise of such character, intensity and duration as to be detrimental to the life, health or welfare of any individual in the Village of Sloan is prohibited as a public nuisance.

B. 

The following acts, among others, are declared to be prima facie evidence of a violation of this section and declared to be the loud, disturbing and unnecessary noises prohibited herein, but said enumeration shall not be deemed to be exclusive.

(1) 

Animals and birds. The keeping in any building or upon any premises of any animal or bird which by frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity is prohibited.

(2) 

Schools, courts and churches. The creation of any excessive noise on any street adjacent to any school, church or court while the same are in use, which unreasonably interferes with the workings of such institution, is prohibited, provided that conspicuous signs are displayed on such streets indicating that the same is a street wherein quiet is required.

(3) 

Yelling and shouting. Yelling, shouting, hooting or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort and repose of persons in any office, dwelling or other type of residence or of any person in the vicinity is prohibited.

(4) 

Radios and phonographs. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or any 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 at any time with a louder volume than is necessary for the convenient hearing of 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 in such 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 the violation of this section and shall be presumed to be of such volume as to annoy or disturb the sleep, comfort and repose of any person in the vicinity.

(5) 

Commercial uses.

(a) 

No person, for commercial, business or advertising purposes, shall create, cause to be created or permit in or upon any premises in the Village of Sloan under his control any disturbing noise of such volume and character as to annoy or disturb the sleep, comfort and repose of any person in the vicinity or to operate machinery or motor vehicles of any type which are not properly and adequately muffled or, in any building or structure used for such purposes, to fail to keep all windows suitably covered and all door openings covered with adequate doors to reduce the noises emanating from such premises.

(b) 

The operation of any such machines, motor vehicles or other devices in such manner as to be plainly audible at a distance of 100 feet from the building or structure in which it is located shall be prima facie evidence of a violation of this section and shall be presumed to be of such volume as to annoy or disturb the sleep, comfort and repose of any person in the vicinity.

(6) 

Unreasonably loud, disturbing or unnecessary noise or sound which unreasonably interferes with the sleep, comfort, health and repose of any individuals in the vicinity and hearing such noises or sounds is expressly prohibited.

A. 

No person, for commercial, business or advertising purposes, shall create, cause to be created or permit in or upon any premises in the Village of Sloan under his control any odors which are so nauseous, offensive or of such character as to annoy or disturb the health, sleep, comfort or repose of any person in the vicinity or, in any building or structure used for such purpose, to fail to keep all windows adequately covered and all door openings covered with adequate doors to contain such odors or to fail to take all necessary and reasonable steps to neutralize or to prevent the emanating of such odors from such building or structure.

B. 

Permitting the emanating of such odors from any premises used for such purpose at any time and in such manner as to be plainly detected by a person's nostrils at a distance of 100 feet from the building or structure used for such purpose shall be prima facie evidence of a violation of this section and shall be presumed to be of such character and intensity as to annoy or disturb the health, sleep, comfort and repose of any person in the vicinity.

It has been determined by the Board of Trustees of the Village of Sloan that the keeping of and raising of pigeons or poultry within the Village of Sloan is detrimental to the health, safety and welfare of the residents of the Village of Sloan because of the noise, the droppings of such birds, the filth and dirt associated with such practice, the attraction of rodents, etc. No person shall keep or raise pigeons or poultry within the Village of Sloan for any purpose.

No person shall, in any street or upon any public grounds, throw stones, snowballs or other missiles or shoot with or use a bow and arrow or sling, or play at ball.

A. 

Nothing contained in this chapter shall be construed to prevent the production of music in connection with any military, civic or authorized parade, funeral procession or religious ceremony, nor to prevent any musical performance conducted under the consent of municipal authorities.

B. 

The provisions of this chapter shall not apply to police officers and firemen while in the discharge of their duties.

C. 

The provisions of this chapter shall be liberally construed to prevent excessive, unreasonable, disturbing and unnecessary noise or odors, due consideration being given to the circumstances, time of day, particular location of each violation and the demands of the public health, safety and welfare.

D. 

The word "person," as used herein, shall include the singular and plural and shall also mean and include any person, firm, corporation, association, club, partnership, society, union or any other form of association or organization.

Unless specifically provided for elsewhere in this chapter, any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both, for each offense.