§ 117-1Legislative intent.
§ 117-2Prohibited acts.
§ 117-3Exceptions.
§ 117-4Penalties for offenses.
§ 117-5Enforcement.
§ 117-6Severability.
The making and creating of unreasonable, unnecessary, disturbing, excessive or offensive noises within the jurisdictional limits of the Village of Washingtonville is a condition which has persisted, and the level and frequency of occurrences of such noises continues to increase. These noise levels are a detriment to the public health, comfort, convenience, safety and welfare of the citizens. Every person is entitled to an environment in which disturbing, excessive or offensive noise is not detrimental to his or her life, health or enjoyment of property. This chapter is to be construed liberally, but it is not intended to be construed as to discourage the enjoyment by residents of normal, reasonable and usual activities.
No person shall cause, suffer, allow or permit to be made unreasonable or unnecessary noise. For purposes of this chapter, unreasonable noise" is any disturbing, excessive or offensive sound that disturbs a reasonable person of normal sensitivities, and "unnecessary noise" is any sound which is not required by the normal circumstances.
The following acts are declared to be prima facie evidence of a violation of this chapter. This enumeration shall not be deemed exclusive.
Any unreasonable or unnecessary noise from any source between the hours of 11:00 p.m. and 7:00 a.m. the following day.
Noise from a dog or other pet animal that is continuous and exceeds 15 minutes in duration.
Noise from a burglar alarm or other alarm system of any building, motor vehicle or boat which is continuous and exceeds 15 minutes in duration.
Noise from any sound-production or sound reproduction system, whether fixed or mobile, or from any radio, portable radio, tape player, television, tape deck, CD player or other sound device that produces, reproduces or amplifies sound in such a manner as to be heard 60 feet from its source or over any property line.
The erection, construction (including excavation), demolition, alteration or repair of any building or structure other than between the hours of 7:00 a.m. and 9:00 p.m. weekdays and 8:00 a.m. and 9:00 p.m. on weekends, except in case of a public safety emergency.
The outdoor operation of power equipment in residential zones on weekdays between the hours of 10:00 p.m. and 7:00 a.m. the following day and on weekends between 10:00 p.m. and 8:00 a.m. the following day.
The sounding of any horn or signaling device of an automobile, motorcycle or other vehicle for any unnecessary or unreasonable period of time.
The making of unnecessary or unreasonable noise by any mechanical equipment or motorized vehicle, including, but not limited to, squealing or other excessive noise of the tires.
Offering for sale or transfer anything by shouting or outcrying upon the public streets and sidewalks.
The provisions of this chapter shall not apply to the following acts:
The emission of sound for the purpose of alerting persons to the existence of an emergency.
Noise from municipally sponsored celebrations or events.
Noise from individually sponsored events where a permit for public assembly or other relevant permission has been obtained from the village.
The operation or use of any organ, radio, bell, chimes or other instrument, apparatus or device by any church, synagogue, or school licensed or chartered by the State of New York, provided that such operation or use does not occur between the hours of 10:00 p.m. and 8:00 a.m.
Noise generated by the installation and normal maintenance and operation of municipal utilities.
Noise generated by municipal, county, state and federal construction or repairs.
Any person convicted of a violation of any provision of this chapter, for a first conviction thereof, shall be guilty of a violation and shall be subject to a fine not to exceed $250 for each violation or a maximum of 15 days' imprisonment, or both such fine and imprisonment; for a second such conviction within six months thereafter, such person shall be subject to a fine not to exceed $400, or a maximum of 15 days' imprisonment, or both; for a third or subsequent conviction within six months after the first conviction, such person shall be subject to a fine not to exceed $500 or a maximum of 15 days' imprisonment, or both, for each such conviction.
If a person is served with a violation notice or appearance ticket charging the violation of this chapter and that person fails to cease the violation immediately, then such failure shall be deemed a separate and distinct violation.
This chapter shall be enforced by the Police Department, Building Inspector, Code Enforcement Officer and any other officer appointed by resolution of the Board of Trustees. All enforcement officers are authorized to issue violation notices and appearance tickets.
If any word, phrase or part of this chapter shall be declared invalid, the same shall be severed and separated from the remainder of this chapter, and said remainder shall continue in full force and effect.
