The making and creating of disturbing, excessive or offensive
noises within the jurisdictional limits of the Village of Hilton is
a condition which has persisted and the level and frequency of occurrences
of such noises continues to increase. It is hereby declared to be
the policy of the Board of Trustees of the Village of Hilton to prevent
any unreasonable, loud, disturbing and unnecessary noise. These noise
levels are a detriment to the public health, comfort, convenience,
safety and welfare of the residents of the Village of Hilton. Every
resident is entitled to an environment in which disturbing, excessive
or offensive noise is not detrimental to his or her life, health or
enjoyment of their property. This chapter is to be construed liberally
but it is not intended to be construed so as to discourage the enjoyment
by residents of normal, reasonable and usual activities.
For the purpose of this chapter, the terms used herein are defined
as follows:
PERSON
Any individual, firm, association or corporation, whether
such person is the owner, lessee or charter member, its servants,
agents or employees and/or their guests.
SOUND DEVICE OR APPARATUS
Any radio device or apparatus or any device or apparatus
for the amplification of sounds from any radio, phonograph or other
sound-making or sound-producing device or any device or apparatus
for the reproduction or amplification of the human voice or other
sounds.
TO USE OR OPERATE ANY SOUND DEVICE OR APPARATUS IN, ON, NEAR
OR ADJACENT TO ANY PUBLIC STREET, PARK OR PLACE
To use or operate or cause to be used or operated any sound
device or apparatus in front of or outside any building, place or
premises or in or through any window, doorway or opening of such building,
place or premises abutting on or adjacent to any public street, park
or place where the sounds therefrom may be heard upon any public street,
park or place or from any stand, platform or other structure or from
any airplane or other device used for flying, flying over the Village
or in any boat or on the waters within the jurisdiction of the Village
or anywhere on or in the public streets, parks or places.
UNNECESSARY
That which is not required by usual circumstances.
USUAL
The normal noise range for a particular type of vehicle or
mechanism.
The provisions of this chapter shall not apply to the following
acts:
A. The emission of sound for the purpose of alerting persons to the
existence of an emergency.
B. Noise from Village-sponsored celebrations or events.
C. Noise from non-Village-sponsored events which have been authorized
by the Board of Trustees of the Village of Hilton.
D. The operation or use of any organ, radio, bell chimes or other instrument,
apparatus or device by a church, synagogue or school licensed or chartered
by the State of New York.
E. Noise generated by the installation and maintenance of utilities.
F. Noise generated by any use from commercial or industrial zoned property
which existed prior to the adoption of this chapter shall not be deemed
a violation. However, if said use is terminated, abandoned or discontinued
for a continuous period of six months, then said use shall be subject
to the provisions of this chapter.
G. Noise from emergency construction for which a permit has been issued
by the Village Code Enforcement Officer.
Any person who violates any provision of this chapter shall
be guilty of a violation and shall be subject to community service
and/or a fine not to exceed $250 for each offense, or up to 15 days'
imprisonment, or both. The Village may also seek injunctive relief
to prevent the continued violation of this chapter.