[HISTORY: Adopted by the Board of Trustees of the Village
of Boonville 12-29-1971 (Ch. 49
of the 1971 Code). Amendments noted where applicable.]
It is hereby declared to be the policy of the Village Board
to prevent any unreasonably loud, disturbing and unnecessary noise.
Noise of such character, intensity and duration as to be detrimental
to the life or health of any individual, or contrary to the public
welfare, is prohibited.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, provided they
create a noise exceeding 70 decibels at the adjoining property line;
but any enumeration herein shall not be deemed to be exclusive:
A.
The operation of any radio, phonograph or the use of any musical
instrument in such a manner or with such volume, particularly between
11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort
or repose of persons in any dwelling, hotel or other type of residence.
C.
The use of any automobile, motorcycle, snowmobile, lawn mower or
vehicle so out of repair, so loaded, or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
D.
The blowing of any steam whistle attached to any stationary boiler,
except to give notice of the time to begin or stop work, or as a warning
of danger.
E.
The discharge into the open air of the exhaust of any steam engine,
stationary internal-combustion engine or motor vehicle engine except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
F.
Permitting or taking part in an unreasonably noisy or tumultuous
party or gathering which disturbs the peace and quiet of the neighborhood,
particularly between the hours of 11:00 p.m. and 7:00 a.m., current
time.
G.
Operating any motor vehicle, motorcycle, lawn mower, snowmobile engine
or other equipment without an adequate muffler properly installed
and maintained so as to prevent excessive or unusual noise.
H.
Building, erecting, demolishing, altering or repairing any building
between the hours of 11:00 p.m. and 7:00 a.m., current time, in such
manner as to disturb the peace and quiet of the neighborhood by reason
of the use of power equipment, hammering, sawing or other activity
which produces severe and continuous noise.
I.
The creation of any excessive noise on any street adjacent to any
school, institution of learning or court while the same is in session,
or adjacent to any hospital, which unreasonably interferes with the
workings of such institutions, provided conspicuous signs are displayed
in such streets indicating that the same is a school, hospital or
court street.
J.
The creation of a loud and excessive noise in connection with loading
or unloading any vehicle or the opening and destruction of bales,
boxes, crates and containers.
K.
The use of any drum, loudspeaker or other instrument or device for
the purpose of attracting attention to any sale or display of merchandise
by the creation of noise.
L.
The sounding of any horn or signal device on any automobile, motorcycle,
bus, streetcar of other vehicle, except as a warning signal pursuant
to the provisions of § 375 of the Vehicle and Traffic Law
of the State of New York.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
M.
The use of any radio apparatus, talking machine, loudspeaker or amplifier
attached thereto in such a manner that the loudspeaker shall cause
the sound from such radio apparatus or talking machine to be projected
directly therefrom outside of any building or out-of-doors, or the
use of any radio apparatus, talking machine, loudspeaker or amplifier
which is in any way fastened to or connected with any outside wall
or window in any building or structure so that the sound therefrom
is projected outside of such outside wall or window between the hours
of 11:00 p.m. and 9:00 a.m. Nothing herein contained shall be construed
to prevent the operation of a radio apparatus or talking machine used
in a reasonable manner by any person within any building or structure,
provided that the said radio apparatus or talking machine or loudspeaker
is not so arranged that such loudspeaker shall project the sound therefrom
directly outside of any building or out of doors.
N.
The operation of any machinery, equipment, pump, fan, exhaust fan,
attic fan, air-conditioning apparatus or similar mechanical device
in such a manner as to create any noise exceeding 70 decibels at the
adjoining property line.
O.
The use and operation of sound devices and apparatus for commercial
or business advertising purposes is 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It is hereby declared that the use or operation of any radio,
device or apparatus, or any device or apparatus for the amplification
of sound 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 in front of or outside of any
building, place or premises abutting on or adjacent to any public
street, park or place, or in or upon any vehicle operated, standing
or being in or upon 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 for commercial or business
advertising purposes, is detrimental to the health, welfare and safety
of the inhabitants of the Village in that such use or operation diverts
the attention of pedestrians and vehicle operators in the public streets,
parks or places, thus increasing traffic hazards and causing injury
to life and limb. It is hereby further declared that such use or operation
disturbs the public peace and comfort and the peaceful enjoyment by
the people of their right to use the public streets, parks and places
for street, park and other public purposes, and disturbs the peace,
quiet and comfort of the neighboring inhabitants. Therefore, it is
hereby declared that the prohibition of such use or operation for
commercial or business advertising purposes is essential to protect
and to secure the health, welfare, safety, comfort, convenience and
peaceful enjoyment by the inhabitants of the Village of their right
to use the public streets, parks and places for street, park and other
public purposes and to secure the peace, quiet enjoyment and comfort
of the Village inhabitants.
As used in this chapter, the following terms shall have the
meanings indicated:
The decibel is 1/10 of a bell and is a unit of sound level
when the base of a logarithm is the 10th root of 10, and the quantities
concerned are proportional to power.
Includes any individual, firm, association or corporation,
whether such person be the owner, lessee or charterer, its servants,
agents or employees.
Any radio device or apparatus or any device or apparatus
for the amplification of sound 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 of 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, or in or upon any vehicle operated, standing
or being in or upon 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 the usual circumstances.
The normal noise range for a particular type of vehicle or
mechanism.
A.
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.
B.
It shall be unlawful for any person to operate or drive, or to employ,
procure or induce another to operate, drive, lend, lease or donate
any automobile, truck or other type of vehicle or airplane or other
type of flying device; to operate or aviate, or procure or induce
another to operate, aviate, lend, lease or donate, any airplane or
other type of flying device for commercial or business advertising
by means of any sound device or apparatus in violation of this chapter.
C.
The use of the name of any person or of any proprietor, vendor or
exhibitor, or the use of any trade business or corporate name in connection
with such commercial or business advertising, shall be presumptive
evidence that such advertising was conducted by reason of employment,
procurement or induction on the part of said person, proprietor, vendor
or exhibitor, or the person or persons represented by said trade,
business or corporate name.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person violating any of the provisions of this chapter shall
be punished, upon conviction, by a fine not exceeding $250 or imprisonment
for not more than 15 days, or both, for each violation. In addition,
each violation of this chapter shall constitute disorderly conduct,
and each person violating the same shall be a disorderly person. Each
day that a violation or failure to comply with any provision of this
chapter or any regulation promulgated hereunder by the Board of Trustees
occurs shall constitute a separate and distinct violation.
