[HISTORY: Adopted by the Board of Trustees of the Village
of Wolcott 9-11-2001 by L.L. No. 3-2001. Amendments noted where applicable.]
A.
It is the declared policy of this chapter to promote and assure an
environment free from noise that threatens or affects the well-being
of the people; to protect, promote and preserve the public health,
safety and welfare by reducing and regulating sound and noise levels
that are audible beyond the property boundaries from which they emanate;
to promote the use and enjoyment of property; to protect the value
of property; to protect the enjoyment of sleep and repose; and to
protect and improve the quality of life.
B.
It is the further purpose of this chapter to allow all residents
and businesses of the Village to coexist harmoniously and in a manner
which is mutually respectful of the interest, rights and obligations
of all persons.
C.
The necessity for legislature intervention by the enactment of the
provisions of this chapter is hereby declared as a matter of legislative
determination, and this chapter should be construed liberally to effect
its purpose.
As used in this chapter, the following terms shall have the
meanings indicated:
Capable of being heard by a person of average hearing ability.
The line marking the confines or line of division between
lots or parcels of real property and any street and lots or parcels
of real property.
To perceive sound.
An unenclosed motor vehicle having a saddle for the use of
the operator and two or three wheels in contact with the ground, including
but not limited to motor scooters and minibikes.
Every vehicle which is self-propelled.
Includes the singular and plural and also any natural person,
firm, corporation, political subdivision, government, agency, association,
club, partnership, society or any other form of association or organization
of any legal entity whatsoever. "Person" shall also include the owner,
manager, proprietor or person in charge of a bar, tavern or restaurant.
Any sound that:
Endangers or injures the safety or health of humans or animals.
Is not required by the usual circumstances.
Is excessive or unusually loud or any sound that either annoys,
disturbs, injures or endangers the comfort, repose, peace or safety
of a reasonable person of normal sensitivities, or which unreasonably
interferes with the sleep, comfort or repose of others, or which causes
disturbance or injury to animal life, or which causes damage to property
or business.
A.
No person shall operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound
amplifier, CD player, tape recorder or similar device which produces,
reproduces or amplifies sound:
(1)
In such a manner as to create unnecessary noise across a real property
boundary, except for activities open to the public and for which a
permit has been issued by the Village Clerk pursuant to rules and
regulations promulgated by him or her.
(2)
From within a motor vehicle so that the sound is plainly audible
at a distance of 50 or more feet from the vehicle or, in the case
of a motor vehicle or motorcycle on private property, beyond the property
line. For the purpose of this subsection, "plainly audible" means
any sound which clearly can be heard, by unimpaired auditory senses
based on a direct line of sight of 50 or more feet; however, words
or phrases need not be discernible and said sound shall include bass
reverberation. Prohibitions contained in this section shall not be
applicable to emergency or public safety vehicles, vehicles owned
and operated by the Village government or any utility company, for
sound emitted unavoidably during job-related operation, or any motor
vehicle used in an authorized public activity for which a permit has
been granted by the appropriate agency of the Village government.
(3)
In such a manner as to create unnecessary noise to any person other
than the operator of the device, when operated by any passenger on
a common carrier.
B.
Additional prohibited acts.
(1)
Loudspeakers; public address systems: using or operating for any
noncommercial purpose any loudspeaker, public address system or similar
device between the hours of 10:00 p.m. and 8:00 a.m. the following
day, such that the sound therefrom can be heard a distance of 50 feet
beyond the boundary line of the real property from which such sound
emanates.
(2)
Motor vehicle repairs and testing: repairing, rebuilding, modifying
or testing any motor vehicle or motorcycle or motorboat in such a
manner as to cause sound from such repairing, rebuilding or modifying
or testing to be heard in excess of 50 feet beyond the boundary line
of the real property from which said sound emanates.
(3)
Burglar alarms: sounding or permitting the sounding of any exterior
burglar alarm on any building, motor vehicle or boat, unless such
burglar alarm shall terminate its operation within 15 minutes of its
being activated. Any vehicle or boat upon which a burglar alarm has
been installed shall permanently display the telephone number at which
communication may be made with the owner of such motor vehicle or
boat.
A.
Nothing contained in this chapter shall be construed to prevent the
production of music, the ringing of bells or carillons, sounding of
gongs or blowing of any whistle, horn or signaling devices in connection
with any military, civic or authorized parade, funeral procession
or religious ceremony, nor to prevent any musical performance conducted
by consent of the Village Board.
B.
The provisions of this chapter shall not apply to the sounding of
bells, horns, sirens or any other instrument by a fire apparatus or
station, police or any other vehicle or person in the event of an
emergency situation.
C.
The provisions of this chapter shall not apply to the creation of
sounds by public utilities in carrying out the operation of their
franchises, including required emergency repairs.
D.
The provisions of this chapter shall not apply to the creation of
sounds connected with sporting events of any public or private school.
If any person shall violate the provisions of this chapter,
said person shall be punished by a fine of not less than $100 nor
more than $250 for a first offense; a fine of not less than $250 nor
more than $500 for a second offense; a fine of not less than $500
nor more than $1,000 for a third offense; a fine of not less than
$2,000 nor more than $2,500, for any subsequent offenses. In addition
to specified fines, violators are subject to imprisonment for up to
15 days.
This chapter shall be enforceable by state, county and local
police officers and/or by the Village Code Enforcement Officer, who
are authorized to issue appearance tickets for violations of this
chapter in accordance with the Criminal Procedure Law of the State
of New York.
