[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn 10-13-1982 by L.L. No. 5-1982 (Ch. 26 of the 1977
Code). Amendments noted where applicable.]
It is found and declared that:
A.
The making and creation of excessive, unnecessary or unusually loud
noises within the limits of the Village of Hillburn is a condition
which has existed for some time, and the extent and volume of such
noises is increasing;
B.
The making, creation or maintenance of excessive unnecessary, unnatural
or unusually loud noises, which are prolonged, unusual and unnatural
in their time, place and use, affect and are a detriment to public
health, comfort, convenience, safety, welfare and prosperity of the
residents of the Village of Hillburn; and
C.
The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted is declared as a matter of legislative
determination and public policy, and it is further declared that the
provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the
public health, comfort, convenience, safety, welfare and prosperity
and the peace and quiet of the Village of Hillburn and its inhabitants.
It shall be unlawful for any person to make, continue or cause
to be made or continued any excessive, unnecessary or unusually loud
noise or any noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others within the
limits of the Village.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive:
A.
Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or public place of the Village, except as a danger warning; the creation
by means of any such signaling device of any unreasonably loud or
harsh sound; and the sounding of any such device for an unnecessary
and unreasonable period of time.
B.
Radios, phonographs, etc. The using, operating or permitting to be
played, used or operated any radio receiving set, musical instrument,
phonograph or 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 or at any time with louder volume than
is necessary for convenient hearing for 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 between
the hours of 11:00 p.m. and 7:00 a.m. in such a 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 a violation
of this section.
C.
Loudspeakers, amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which
is cast upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or structure.
D.
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or
singing on the public streets, particularly between the hours of 11:00
p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb
the quiet, comfort or repose of persons in any office or in any dwelling,
hotel or other type of residence or of any persons in the vicinity.
E.
Animals, birds, etc. The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort or repose
of any persons in the vicinity.
F.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motorboat or motor
vehicle except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
G.
Schools, courts, churches. The creation of any excessive noise on
any street adjacent to any school, institution of learning, church
or court while the same is in use, which unreasonably interferes with
the workings of such institution.
A.
A violation of this chapter shall constitute disorderly conduct.
Any person, firm or corporation violating this chapter shall be and
hereby is declared a disorderly person subject to arrest, prosecution
and punishment as provided by the Village Law of the State of New
York.
B.
The penalty for each violation of this chapter shall be and is hereby
filed at $100 for each offense thereof.
As an additional remedy, the operation or maintenance of any
device, instrument, vehicle or machinery in violation of any provision
hereof or which causes discomfort or annoyance to reasonable persons
of normal sensitiveness or which endangers the comfort, repose, health
or peace of residents in the area shall be deemed and is declared
to be public nuisance and may be subject to abatement summarily by
a restraining order or injunction issued by a court of competent jurisdiction.
