The provisions of this Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this article shall not be interpreted to prevent the issuance of permits that will authorize particular sound sources.
A.
It shall be unlawful for any person anywhere in the Village to use
or to operate any radio or receiving set, musical instrument, phonograph,
television set, any other machine or device for the producing or reproducing
of sound or any other sound-amplifying equipment in a loud, annoying
or offensive manner such that noise from the device interferes with
the comfort, repose, health or safety of members of the public or
recklessly creates a risk thereof, within any building or, outside
of a building, at a distance of 25 feet or more from the source of
such sound or interferes with the conversation of members of the public
who are 25 feet or more from the source of such sound.
B.
"Person" defined. For the purposes of this section:
(1)
For an offense that occurs on any public property where permission
was obtained to use that public property, a person shall include the
person or persons who obtained permission to utilize that property
for that event.
(2)
For an offense that occurs on private property, a person shall include
any adult person or persons who live in or on the property that is
involved in the offense.
A.
It shall be unlawful for any person in charge of a party or other
social event that occurs on any private or public property to allow
that party or event to produce noise in a loud, annoying or offensive
manner such that noise from the party interferes with the comfort,
repose, health or safety of members of the public within any building
or, outside of a building, or recklessly creates the risk thereof,
at a distance of 25 feet or more from the source of such sound.
B.
For the purposes of this section, a "person in charge or sponsor
of a party or other social event":
(1)
That occurs on any public property shall include the person or persons
who obtained permission to utilize that property for that event.
(2)
That occurs on private property shall include the person who owns
the premises involved, any register agent of the property, and any
adult person who lives in or on the premises involved in such party
or social event.
It shall be unlawful for any person to advertise, promote or
sell anything by shouting or crying out about his wares, or by blowing
a horn, ringing a bell or using any other noise device to attract
public attention to his goods, wares and merchandise, within any area
of the Village zoned for residential uses. The provisions of this
section shall not be construed to prohibit the selling by outcry of
merchandise, food and beverages at licensed sporting events, parades,
fairs, circuses and other similar licensed public entertainment events.
It shall be unlawful for any person to operate or repair any
machinery, motor vehicle, construction equipment or other equipment,
pump, fan, air-conditioning apparatus or similar mechanical device
or to engage in any commercial or industrial activity in any manner
so as to create unreasonable noise as defined in this chapter. In
making such determination with respect to the matters governed by
this section, additional factors to be considered shall include:
A.
Except for the purposes specified in Subsection B hereunder, during nighttime hours it shall be unlawful for any person within a residential zone or within 500 feet of a residential zone to operate construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to create noise. Any designated official of the Village of Cobleskill shall give a verbal warning that the violation exists and of the penalties that may result if the violation continues.
B.
This section shall not be deemed to prohibit:
(1)
Work of an emergency nature.
(2)
Work of a domestic nature on buildings, structures or projects being
undertaken by a person(s) residing in such premises; provided that,
if any domestic power tool, including but not limited to mechanically
powered saws, sanders, grinders and lawn and garden tools used outdoors,
is operated during the nighttime hours, no person shall operate such
machinery so as to cause noise within a residential building or across
a residential real property boundary where such noise interferes with
the comfort, repose, health or safety of members of the public within
any building or, outside of a building, at 25 feet or more from the
source of the sound.
It shall be unlawful for any person to make or continue or cause
to be made or continued any loud, unnecessary or unusual noise or
sound which shall exceed the permitted noise levels specified in this
chapter. Any designated official of the Village may issue a verbal
warning that the violation exists and of the penalties that may ensue.
This chapter shall not apply to fire horns or other alarms authorized
by the Fire Department or Police Department and operated in accord
with that authorization.
