Village of Livonia, NY
Livingston County
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[HISTORY: Adopted by the Board of Trustees of the Village of Livonia 10-14-1987 by L.L. No. 2-1987. Amendments noted where applicable.]
Animals — See Ch. 69.
Zoning — See Ch. 155.
It is hereby declared to be the policy of the Board of Trustees to prevent any unreasonable, 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.
As used in this chapter, the following terms shall have the meanings indicated:
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
A device consisting of a series of chambers or baffle plates or other mechanical design for the purpose of receiving exhaust gas from a sound source and effective in reducing sound levels.
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Any individual, firm, association or corporation, whether such person is the owner, lessee or charterer, its servants, agents or employees.
Any radio device or apparatus, 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 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; 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; from any stand, platform or other structure; from any airplane or other device used for flying over the Village; or anywhere on or in the public streets, parks or places.
Any excessive or unusually loud sound or sounds which either annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a person or which damage property or businesses. Standards to be considered in determining whether unnecessary noise exists in a given situation include but are not limited to the following:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is natural or unnatural.
The volume and intensity of the background noise, if any.
The proximity of the noise to residential sleeping facilities.
The time of the day or night when the noise occurs.
The duration of the noise.
Whether the noise is recurrent, intermittent or constant.
Whether the noise is produced by a commercial or noncommercial activity.
The following activities are hereby prohibited:
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. 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 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.
The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
The use and operation of any mechanically or electrically powered saw, drill, sander, grinder, lawn or garden tool or similar device used outdoors in residential areas between the hours of 10:00 p.m. and 7:00 a.m., so as to create an unnecessary noise across a residential real property boundary. Snow-removal and street-sweeping activities shall be exempt.
The erection, including excavation, demolition, alteration or repair, of any building other than between 7:00 a.m. and 10:00 p.m. on weekdays, except in the case of urgent necessity in the interest of public safety, and then only with a permit from the Village Clerk, which permit may be renewed for a period of three days or less while the emergency continues.
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.
Nothing in this chapter shall be deemed to prohibit:
The owner or occupant of a dwelling, at a reasonable hour, from mowing the lawn around such dwelling with a power mower, from removing snow with a power blower or from making minor repairs necessary for normal maintenance of such dwelling, provided that the making of such minor repairs is not accompanied by any loud, unnecessary or unusual noise; provided, however, that any such activity between the hours of 10:00 p.m. and 7:00 a.m. shall be deemed to be prima facie a violation of this chapter.
Bells, chimes or church clocks.
Music in keeping with the Christmas season during the Christmas season from any private or public source.
Playing by a band or orchestra in a hall, in a nonresidential building or in the public parks for regular concerts or dances or other events by virtue of special permission of the Village Board.
Parades approved by the Village Board.
The use of sound trucks by civic, charitable, religious, political or other nonprofit corporations and service organizations when approved by the Village Board, provided that no commercial or advertising material is programmed, and provided further that the use of the sound truck is limited to the hours and routes prescribed, which in no case shall be before 9:00 a.m. nor after 7:00 p.m.
Police, fire, ambulance, air-raid or other sirens which may be operated by the Village or civil defense or other governmental authorities.
Enforcement of this chapter may be initiated by a complaint of one of the Village residents.
[Amended 5-27-1998 by L.L. No. 6-1998]
Any person who shall violate this chapter, including revisions, amendments and supplements thereto, shall, upon conviction thereof, pay a fine not exceeding $250 or be imprisoned in the county jail for a time not exceeding 15 days, or both, for each offense, in the discretion of the court. For the purposes of this chapter, each and every day on which the violation takes place or continues shall be deemed to be a separate violation.