City of Olean, NY
Cattaraugus County
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Table of Contents
Table of Contents
CROSS REFERENCES
Environmental control, ch. 8.
Miscellaneous offenses and provisions, ch. 14.
Nuisances, ch. 16.
STATE LAW REFERENCES
Authority to legislate for the public peace, health, safety and welfare, General City Law § 20(13).

Sec. 15-1 Short title of chapter.

[Code 1971, § 19-1]
This chapter shall be known as the Anti-Noise Ordinance.

Sec. 15-2 Exemptions from chapter.

[Code 1971, § 19-5]
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, or noncommercial events conducted by the national, state, county, or municipal government.

Sec. 15-3 Aircraft.

[Code 1971, § 19-2]
The making of any noise in any street, park, or public place in the city by means of any aircraft by operation of sound producing or sound amplifying equipment thereon for any purpose whatsoever is prohibited.

Sec. 15-4 Noise-making equipment—Commercial business or advertising purposes.

[Code 1971, § 19-3]
(a) 
The advertisement or calling of attention to any advertisement, article, business, calling, or profession upon any public street, sidewalk, park, or public place or entrance to a place of business, building, or premises within the city by means of any horn, musical instrument, whistle, megaphone, siren, bell, radio, mechanical piano, phonograph, or other sound producing or sound amplifying mechanism, instrument, or device, is prohibited.
(b) 
The operation and use in or upon any automobile, truck, or other vehicle or conveyance upon any public street, park, or public place within the city of any horn, mechanical instrument, megaphone, siren, bell, radio, mechanical piano, phonograph, or other sound producing or sound amplifying mechanism, instrument, or device for such commercial, business, or advertising purposes, is hereby prohibited.
(c) 
Subsection (b) of this section shall not apply to duly authorized public parades, that is, parades of public interest, as contrasted with private parades conducted for commercial purposes.

Sec. 15-5 Same—Noncommercial purposes; permit.

[Code 1971, § 19-4]
(a) 
The operation and use in and upon any building, structure, premises; on any street, park, or public place; or on any automobile, truck, or other vehicle or conveyance, of any sound producing or sound amplifying mechanism, instrument, or device, producing or reproducing the human voice and speech only, whereby the sound of such voice and speech is cast upon the public streets, parks, and places shall not be deemed a violation of this chapter under the following conditions and circumstances, with complete compliance with all requirements of this section, the proper application for issuance of a permit, and the proper use of the permit mentioned in this section:
(1) 
Such use and operation shall be on matters of public interest and concern or religious purposes only.
(2) 
Such volume of sound of the human voice shall be so controlled that it will not be audible for a distance in excess of 100 feet from its source, and so that such volume is not unreasonable, loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility. No sound amplifying equipment shall be operated with an excess of 15 watts of power in the last stage of amplification.
(3) 
The only sounds permitted are human speech, voice, and music.
(4) 
No such sound amplifying equipment shall be permitted to be used so as to interfere with and be disturbing to any public gathering lawfully assembled within audible range of such sound equipment and assembled for purposes other than to hear the program emanating from such sound equipment.
(5) 
No such sound amplifying equipment placed upon a sound truck, vehicle, or other conveyance shall be continued in operation while such sound truck, vehicle, or conveyance is in motion or in transit.
(6) 
Sound shall not be issued within 500 feet of hospitals, schools, or churches.
(b) 
No person shall use or cause to be used a sound truck with its sound amplifying equipment for noncommercial purposes in the city before filing a registration statement with the city clerk in writing. This registration statement shall be filed in duplicate and shall state the following:
(1) 
Name and home address of applicant.
(2) 
Address of place of business of applicant.
(3) 
License number and motor number of the sound truck to be used by applicant.
(4) 
Name and address of person having direct charge of sound truck.
(5) 
Name and address of all persons who will use or operate the sound truck.
(6) 
The purpose for which the sound truck will be used.
(7) 
The place in the city in which the sound truck will be used.
(8) 
The proposed hours of operation of the sound truck.
(9) 
A general description of the sound amplifying equipment which is to be used.
(c) 
The city clerk shall return to each applicant under this section one copy of the registration statement, duly certified by the city clerk as a correct copy of the application. Such certified copy of the application shall be in the possession of any person operating the sound truck at all times while the sound truck and sound amplifying equipment is in operation. The copy shall be prominently displayed and shown to any policeman of the city upon request.