[HISTORY: Adopted by the Board of Trustees of the Village
of Lake Placid 10-20-2008 by L.L. No. 6-2008. Amendments noted where
applicable.]
The purpose of this chapter is to preserve the public health,
safety, and welfare by prohibiting excessive and disturbing noise
and to prevent noise which is prolonged or unsuitable for the time
and place and which is detrimental to the peace and good order of
the community. It is the goal of this chapter to allow all residents
of the Village of Lake Placid to peacefully coexist in a manner which
is mutually respectful of the interests and rights of others.
It shall be unlawful for any person to make, continue, or cause
to be make or continue any excessive, unnecessary, or unusually loud,
or any noise which either annoys, disturbs, injures, or endangers
the comfort, repose, health, peace or safety of others in the Village
of Lake Placid. The following acts, among others, are declared to
be loud, disturbing, injurious or unnecessary and unlawful noises
in violation of the section.
A.
Horns and signal devices. The sounding of any horn or signal device
on any automobile, motorcycle, bus, or other vehicle while not in
motion, except as a danger signal or to give warning of intent to
get into motion, or if in motion, only as a danger signal after or
as brakes are being applied or decelerating of the vehicle has begun;
the creation by means of such signal device or any unreasonable or
unnecessary period of time.
B.
Radio, phonograph, musical instruments. The playing of any radio,
phonograph, television set, amplified or unamplified musical instruments,
loudspeaker, tape recorder, or other electronic sound-producing devices,
in such manner or with such volume between the hours of 9:30 p.m.
and 7:00 a.m. the following day so as to annoy or disturb the quiet,
comfort or repose of persons in any office or in any dwelling, hotel,
hospital, or other type of residence, or of any persons in the vicinity.
The operation of any such set, instrument, phonograph, machine, or
device in such a manner as to be plainly audible on a property or
in a dwelling unit other than in which it is located, shall be prima
facie evidence of a violation of this section.
C.
Shouting and whistling. Yelling, shouting, hooting, whistling, singing,
or the making of any other loud noises on the public streets, between
the hours of 9:30 p.m. and 7:00 a.m. the following day.
D.
Construction. The operation of power equipment in residential zones
between the hours of 9:30 p.m. and 7:00 a.m. the following day. The
erection, including excavation, demolition, alteration or repair of
any building other than between 7:00 a.m. and 9:30 p.m., except in
case of a public safety and emergency.
A.
Public warnings. The emission of sound for the purpose of alerting
persons to the existence of an emergency.
B.
Events. Noise from municipally sponsored celebrations or events and
noise from individually sponsored events where a permit for public
assembly or other relevant permission has been obtained from the Village
Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Emergency vehicles. Any police or fire vehicle or any ambulance,
while engaged upon necessary emergency business.
D.
Highway and utility maintenance and construction. Necessary excavation
in or repairs of bridges, streets, or highways, or any public utility
installation by or on behalf of the Village of Lake Placid, or any
public utility (Highway, Water, Sewer and Electric Department) or
any agency of the State of New York, when the public safety, welfare,
and convenience necessitates the performance of the work at such time.
Any person found guilty of violating any of the provisions of
this chapter shall be guilty of a violation and, upon conviction,
shall be punishable by a fine not exceeding $250 or imprisonment for
a period not exceeding 15 days, or both, for conviction of the first
offense; for conviction of a second offense, both of which were committed
within a period of three years, punishable by a fine of not less than
$250 nor more than $500 or imprisonment for a period not to exceed
30 days, or both; and upon conviction for a third offense or subsequent
offense, all of which were committed with a period of five years,
punishable by a fine of not less than $500 nor more than $750 or imprisonment
for a period not to exceed 60 days or both. Each day during which
such violation occurs constitutes a separate offence.
