[HISTORY: Adopted by the Village Board of the Village of
Churchville 10-1-2001 by L.L. No.
3-2001 (Ch. 75 of the 1984 Code). Amendments noted
where applicable.]
The making and creating of disturbing, excessive or offensive
noises within the jurisdictional limits of the Village of Churchville
is a condition which has persisted, and the level and frequency of
occurrences of such noises continue to increase. It is hereby declared
to be the policy of the Village Board of the Village of Churchville
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
Churchville. 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 his or her 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:
Any individual, firm, association or corporation owning or
in charge of any building, place or premises, whether such person
is the owner, lessee or charter member, its occupant or user, their
servants, agents or employees and/or their guests.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 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.
That which is not required by usual circumstances.
Any disturbing, excessive or offensive sound that disturbs
a reasonable person of normal sensitivities.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The normal noise range for a particular type of vehicle or
mechanism.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The following acts, among others, by any person 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 sources which are of such character,
intensity and duration as to be detrimental to the life or health
of any individual or contrary to public welfare, especially between
the hours of 9:00 p.m. and 7:00 a.m. the following day.
(2)
The use of any automobile, motorcycle or any such vehicle used for
recreational purposes or any other purposes so out of repair or so
loaded or operated in such a manner as to create loud and unnecessary
noise; the making of improper noise or disturbance or operating an
automobile, motorcycle or any such vehicle used for recreational purposes
or any other purposes in such a manner as to cause excessive squealing
or other excessive noise of the tires.
(3)
The sounding of any horn or signaling device of an automobile, motorcycle
or other vehicle for any unnecessary or unreasonable period of time.
(4)
The erection, alteration or repair of any building, including excavation
and demolition, other than between 7:00 a.m. and 8:00 p.m., except
in matters involving public safety or emergencies.
(5)
The operation of power equipment (except the operation of snow removal
equipment or emergency power equipment) in residential zones between
the hours of 9:00 p.m. and 7:00 a.m. the following day and on weekends
and holidays between 9:00 p.m. and 8:00 a.m. the following day.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
Noise from a burglar alarm, or other alarm system of any building,
motor vehicle or boat that is continuous and exceeds 15 minutes.
(7)
Noise from any sound-reproduction system, operating or playing any
radio, portable radio, tape player, television, tape deck or similar
device that reproduces or amplifies sound in such a manner as to be
heard 40 feet from its source or over any property line.
(8)
Noise from a dog or other pet/animal that is continuously disturbing
the comfort and repose of any person in the vicinity and exceeds 15
minutes.
(9)
Offering for sale anything by shouting or outcrying upon the public
streets and sidewalks. The use and operation of sound devices and
apparatus for commercial or business advertising purposes are prohibited.
It shall be unlawful for any person to use or operate or cause to
be used or operated any sound device or apparatus in, on, near or
adjacent to any public street, park or place for commercial or business
advertising purposes.
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 that have been authorized
by the Village Board of the Village of Churchville.
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
that existed prior to the adoption of this chapter. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Noise from emergency construction for which a permit has been issued
by the Village Building Inspector/Code Enforcement Officer.
H.
Normal or emergency Village equipment operated by the Village or
equipment operated by its contractual vendees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
