[HISTORY: Adopted by the Board of Trustees of the Village
of Warsaw 8-30-1993 by L.L. No. 3-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Adult bookstores, cabarets and theaters — See Ch. 36.
Carnivals, circuses and traveling shows — See Ch. 56.
Curfew — See Ch. 62.
Dogs and other animals — See Ch. 66.
Firearms — See Ch. 74.
Fire prevention and building construction — See Ch. 78.
Peddling and soliciting — See Ch. 112.
Streets and sidewalks — See Ch. 129.
A.
The Board of Trustees finds that:
(1)
Unnecessary noise degrades the environment of the village to a degree
which:
(2)
No one has any right to create unnecessary noise.
(3)
Effective control and elimination of unnecessary noise is essential
to the furtherance of the health and welfare of the village's
inhabitants and to the conduct of the normal pursuits of life, recreations,
commerce and industrial activity.
B.
The Board of Trustees recognizes that many inhabitants of the Village
of Warsaw must sleep during the daylight hours in order that they
may be employed in the nighttime and that infants, invalids and illness
require that unnecessary noise be eliminated; and the Board of Trustees
is mindful of the fact that a busy village creates sufficient noise
by its own activity which cannot be eliminated. Therefore, it is in
the public interest that unnecessary noise, especially unnecessary
recreational noise, be eliminated within the corporate limits.
C.
It shall be an expression of the legislative intent of this Board
of Trustees that the proliferation of portable radios and tape players
being played outside of dwellings, upon the public way, on public
sidewalks and in parks and plaza areas and on porches and steps of
building be discouraged. Individuals that find it necessary to operate
these devices out of doors at loud levels should operate them with
headsets or headphones attached so that the persons who desire to
listen to these devices may enjoy them in comfort and that they not
be permitted to create a nuisance in the neighborhood. It is also
an expression of the legislative intent of this Board of Trustees
that commercial establishments which provide live entertainment or
jukebox entertainment or entertainment through some sound amplifications
system be discouraged from having such entertainment audible outside
of said premises and on the public ways and streets and be specifically
discouraged from loud or noisy entertainment being conducted with
their doors open to the public way.
D.
It shall also be an expression of the legislative intent of this
Board of Trustees to discourage the use of any horn or signaling device
on any automobile, motorcycle or other vehicle, except as a danger
warning, especially to discourage the use of a vehicle horn in closely
settled neighborhoods to signal a resident to come down or out of
a building, except in a situation where the driver of the vehicle,
due to disability, is incapable of leaving the vehicle to go to the
door of the residence to be addressed.
A.
It shall be unlawful for any person within the Village of Warsaw
to make or continue or cause to be made or continued any loud, unnecessary
or unusual noise which either annoys, disturbs or endangers the comfort,
repose, health, peace or safety of others within the limits of the
village.
B.
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this section:
(1)
Vehicles.
(a)
Horns and signaling devices. The sounding of any horn or signaling
device on any automobile, motorcycle or any other vehicle on any street
or public place in 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 any unnecessary and
unreasonable period of time; the use of any horn, whistle or other
device operated by engine exhaust; and the use any such signaling
device when traffic is for any reason held up. Authorized emergency
vehicles may use warning sounds. Wedding, parades and other organized
events which customarily use motor vehicle and sound their horns during
the event are excepted from the operation of this chapter.
(b)
Engine exhaust. The discharge into the open air within the village
of the exhaust of any steam engine, gasoline engine, stationary internal-combustion
engine or any other type of engine, motorboard or motor vehicle, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(c)
Squealing tires. The making, aiding or assisting in making any
improper noise or disturbance or operating a motor vehicle or motorcycle
in such a manner as to cause excessive squealing or other excessive
noise of the tires or motor of said vehicle or motorcycle on the streets
of the Village of Warsaw.
(2)
The construction or repairing of buildings. The creation of noise
associated with an excavation, demolition, alteration or repair of
any building within the city, other than between the hours of 6:00
a.m. and 9:00 p.m., except in the case of urgent necessity or in the
interest of public health and safety, and then only with a permit
from the Code Enforcement Officer, which permit may be renewed for
periods of three days while the emergency continues.
(3)
Loudspeakers, amplifiers, paging systems, portable radios and portable
tape players; sound on the streets. The playing, using or operating
of or the permitting to be played, used or operated any radio receiver,
musical instrument, phonograph, loudspeaker, audio amplifier or other
machine or device for the producing or reproducing of any sound which
is cast upon the public streets, sidewalks, parks, plaza areas or
any public areas of the village. Permits for the operation of these
devices may be obtained for the conduct of any approved event or celebration.
Practice sessions by school bands or loudspeakers used at organizations,
athletic or scholastic events are exempt from the operation of this
chapter.
(4)
Radios and phonographs; use on private property. Playing, using,
operating or permitting to be played, used or operated any radio receiving
set, musical instrument, phonograph, tape player, television receiving
set or other machine or device for the producing or reproducing of
sound is prohibited if such sound is loud enough to be clearly heard
25 feet from the boundary of the property on which the sound is produced
or reproduced.
(5)
Yelling and shouting. Yelling, shouting, loudly conversing, hooting
or singing on the public streets of the village or at any time or
place so as to annoy the peace, quiet, comfort or repose of persons
in any office or in any dwelling or any other type of residence or
of persons within the vicinity, within the limits of the village.
The permits authorized by this chapter may be obtained from
the office of the Village Clerk, who shall promulgate the necessary
regulations relating thereto.
A.
It shall be unlawful for any person to willfully make or continue
or cause to be made or continued any loud or unnecessary or unusual
noises, hereinabove defined, which disturb the peace and quiet of
any neighborhood or which cause discomfort or annoyance to any reasonable
person of normal sensitivity residing in the area.
B.
The standard which may be considered in determining whether a violation
of the provisions of this section exist may include but not be limited
to the following:
(1)
The level of the noise.
(2)
Whether the nature of the noise is natural or unnatural.
(3)
Whether the origin of the noise is natural or unnatural.
(4)
The level and intensity of the background noise, if any.
(5)
The proximity of the noise to residential sleeping facilities.
(6)
The nature and zoning of the area within which the noise emanates.
(7)
The density of the inhabitation of the area within which the noise
emanates.
(8)
The time of the day and night of the noise occurs.
(9)
The duration of the noise.
(10)
Whether the noise is recurrent, intermittent or constant.
A.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment.
B.
The Police Department may, in its discretion, confiscate
the offending device at the scene of the offense, and the return of
said device shall be in the sound discretion of the court.
