[HISTORY: Adopted by the Board of Trustees of the Village
of Whitesboro 7-22-1997 by L.L. No. 1-1997. Amendments noted where
applicable.]
The making and creating of disturbing, excessive, or offensive
noises within the jurisdictional limits of the Village of Whitesboro
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. The law 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.
A.
No person, with the intent to cause public inconvenience, annoyance
or alarm or recklessly creating a risk thereof, shall cause, suffer,
allow or permit to be made unreasonable noise. For purposes of this
chapter, "unreasonable noise" is any disturbing, excessive, or offensive
sound that disturbs a reasonable person of normal sensitivities.
B.
The following acts are declared to be prima facie evidence of a violation
of this chapter. This enumeration shall not be deemed exclusive.
(1)
Any unnecessary noise from any source between the hours of 11:00
p.m. and 7:00 a.m. the following day.
(2)
Noise from a dog or other pet animal that is continuous and exceeds
15 minutes.
(3)
Noise from a burglar alarm or other system of any building, motor
vehicle, or boat, which is continuous and exceeds 15 minutes.
(4)
Noise from any sound reproduction system, operating or playing any
radio, portable radio or tape player, television, tape deck or similar
device that reproduces or amplifies sound in such a manner as to be
heard 60 feet from its source.
(5)
The erection, including excavation, demolition, alteration or repair
of any building other than between 7:00 a.m. and 9:00 p.m., except
in case of a public safety and emergency.
(6)
The operation of power equipment in residential zones outdoors 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.
(7)
The sounding of any horn or signaling device of an automobile, motorcycle
or other vehicle for any unnecessary or unreasonable period of time,
except in case of a public safety or emergency.
(8)
The making of improper noise or disturbance or operating an automobile
or motorcycle in such a manner as to cause excessive squealing or
other excessive noise of the tires.
(9)
Offering for sale anything by shooting or crying out upon the public
streets and sidewalks.
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 municipally sponsored celebrations or events;
C.
Noise from individually sponsored events where a permit for public
assembly or other relevant permission has been obtained from the Village
Clerk;
D.
Any church, synagogue, or school licensed or chartered by the State
of New York, provided such operation or use does not occur between
the hours of 10:00 p.m. and 8:00 a.m.
E.
Noise generated by the installation and maintenance of utilities.
Any person who violates any provision of this chapter shall
be guilty of a violation and shall be subject to a fine not to exceed
$250 or by imprisonment for not exceeding 15 days, or by both such
fine and imprisonment, for each offense. The Village may also seek
injunctive relief to prevent the continued violation of this chapter.