Village of Dansville, NY Noise

No person, acting with intent to cause public inconvenience, annoyance or alarm, or acting with reckless disregard of the effects on others, shall cause, allow or permit the creation of unnecessary noise. For purposes of this chapter, "unnecessary noise" is any disturbing, excessive or offensive sound that annoys a reasonable person of normal sensibilities.

It shall be unlawful for any person to make, continue or cause to be made or continued any of the following acts producing audible sound which are hereby declared to be prima facie evidence of loud, disturbing and unnecessary noise in violation of this chapter.

(1)

Horn, signaling devices, etc. The sounding of any horn or other signaling device, including, but not limited to, sirens on any automobile, motorcycle or other vehicle, other than an emergency vehicle, on any street or public place, except as a danger or burglar warning.

(2)

Car alarms. The sounding, allowing to be sounded, of any vehicle alarm for any reason other than an emergency on any vehicle within the Village of Dansville for a length of time which exceeds five minutes.

(a)

For the purpose of this chapter, the registered owner of the vehicle shall be deemed the person responsible for any violation involving an unoccupied vehicle.

(b)

More than two instances of an alarm sounding on the same vehicle for any cause other than an emergency within an eight-hour period shall authorize the towing of the offending vehicle, at the owner's expense, from any public area or area accessible to the public.

(3)

Burglar, intruder, security alarms, etc. The sounding, or allowing to be sounded, of any burglar, intruder or security or fire alarm at a residence or a commercial establishment for a length of time that exceeds five minutes for any reason other than an emergency for which the system was designed and installed.

(a)

For the purpose of this chapter, the owner of the property or the lessee, if said lessee is responsible for the maintenance of the alarm system, shall be deemed the person responsible for any violation involving a nonemergency sounding of the alarm.

(b)

More than two instances of an alarm sounding at the same location for any cause other than an emergency within an eight-hour period shall be cause for the imposition of a fine or such penalty as provided by this chapter or the Board of Trustees of the Village of Dansville.

(4)

Radios, television, electronic sound reproduction devices, etc. The using, operating or permitting to be played, used or operated of any radio, musical instrument or instruments, phonograph, or other machine or device for the producing or reproducing of sound, in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are voluntary listeners thereto.

(a)

"Neighboring inhabitants" shall be interpreted to include those persons in close proximity to the operator of an above-listed device in a park or playground.

(b)

The operation of any such radio, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible on adjacent properties shall be prima facie evidence of a violation of this section.

(5)

Loudspeakers (amplifiers for advertising). The using, operating or permitting to be played, used or operated of any radio, musical instrument or instruments, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting attention of the public to a building or a structure.

(6)

Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on public streets or sidewalks or any place at any time or place so as to purposely annoy or disturb the quiet, comfort or repose of persons in the vicinity shall be enforceable provisions of the New York State Penal Law in accordance with § 240.20

(7)

Animals. The keeping or harboring of any animal which barks, whines or makes any other noise continuously for a period of five minutes or more at a volume which can be heard anywhere beyond the owner's premises. For purposes of this subsection, "continuously" shall mean constant without any period of silence that exceeds 30 seconds.

(8)

Blowers and fans. The operation of any blower, power fan or any internal-combustion engine, the operation of which causes noise due to the detonation of operating gases or fluids or the expulsion of air, unless the noise from such blower or fan is muffled and such engine is equipped with a properly functioning muffler or baffling device or effective noise-absorbent material sufficient to deaden such noise.

(a)

The decibel level generated by any such equipment covered by this subsection shall not exceed 65 db when measured from an adjacent or nearby property where said noise is alleged to be disturbing the peace, quiet and enjoyment of said property.

(9)

Outdoor power tools. The operation of any engine-driven power tool or motorized equipment before 7:00 a.m. and after 9:00 p.m., Monday through Friday, and before 8:00 a.m. and after 9:00 p.m. on Saturdays, Sundays and legal holidays is prohibited.

(a)

Any engine-driven power tool or motorized equipment regulated by this subsection shall be properly equipped with a muffler, or other properly installed manufacturer-approved noise-reduction device, so designed and in such condition as to prevent unnecessary noise and to prevent a public nuisance in its operation.

(10)

Restaurants. The playing, causing to be played or permitting to be played of music of any kind or description, including instrumental music, radio, player piano, jukebox, recorded, electronically produced or vocal music, which interferes with the repose, health, comfort, safety or welfare of any person, and is plainly audible from adjacent properties between the hours of 9:00 p.m. and 8:00 a.m., Sunday through Thursday, and 12 midnight and 8:00 a.m., Friday, Saturday and Sunday, in any restaurant, bar, tavern and/or other public place licensed to sell liquors, wines or beer to be consumed on the premises.

(11)

Motor vehicle sound systems. The use or operation of any radio, tape player, disc player or other electronic sound reproduction device located within a motor vehicle being operated or parked within the Village limits, in such a manner as to disturb the peace and repose of persons in their homes, businesses or on the streets, or at any time, with louder volume than is necessary for convenient hearing of the person or persons who are voluntary listeners within the vehicle.

(a)

The operation of any such radio or electronic sound reproduction device within a vehicle in such a manner as to be audible to those outside the vehicle at a distance of 25 feet or more from the source, as best that point can be estimated without the use of any distance measuring device, regardless of the time of day, shall be prima facie evidence of a violation of this section. Said 25 feet may be measured horizontally or vertically.

(12)

Construction. Causing or committing to be caused unnecessary noise during the erection, excavation, demolition, alteration or repair of any building or structure.

(a)

Homeowners, if performing their own work of erection, excavation, demolition, alteration or repair of any building or structure on their own premises, may do so between 7:00 a.m. and 9:00 p.m., Monday through Friday, and 8:00 a.m. and 9:00 p.m., Saturdays, Sundays and legal holidays, except as needed to secure a residence in case of bona fide emergency.

(b)

Work involving the use of machinery, including but not limited to rock breaking, pile driving, riveting, power sandblasting and chain sawing that emits continuous sounds, audible from a distance of 300 feet or more from the work site must cease for 30 minutes within every three hours of operation to provide respite to the surrounding community.

(13)

Noise generated by any establishment that impacts its neighbors. Creating noise that disturbs the peace, quiet and comfort of the neighboring residential inhabitants by any establishment, including businesses, commercial establishments, house of worship or educational institutions in an industrial zone or in a residential or business zone, between the hours of 9:00 p.m. and 8:00 a.m., Sunday through Thursday, and 12:00 midnight and 8:00 a.m. Friday, Saturday and Sunday.

(a)

Noise that is plainly audible at a distance of 25 feet or more from the source, as best as that point can be estimated without the use of any distance-measuring device, during the hours specified, shall be prima facie evidence of a violation of this subsection.

(b)

Establishments in violation of this subsection may be required by the Board of Trustees to make modifications, alterations or other changes to their structure in order to come into compliance with this subsection.

(14)

Motor vehicles.

(a)

Noise emanating from the operation of motor vehicles on public highways is regulated by the New York State Vehicle and Traffic Law. The maximum permissible noise levels set forth in the Vehicle and Traffic Law for the operation of vehicles on public highways, as they may be amended from time to time, are hereby designated to be the maximum permissible noise levels for the operation of motor vehicles on all property, including public highways, within the Village of Dansville.

(b)

Allowing the engine of a truck or bus, including school buses, to idle while the vehicle is standing for a period exceeding five minutes, with the exception of vehicles with refrigeration systems where the engine must be running in order to power the refrigeration unit; said vehicles must be left idle in the Village municipal parking lots or at the loading dock of a commercial or industrial building. During a "state of emergency" these rules are automatically waived for the health, safety and welfare of Village residents.

(c)

"Excessive squealing and other noise from the tires or motor" of said vehicle or motorcycle is hereby defined as any noise of the motor or squealing of the tires of a vehicle or motorcycle caused by an unwarranted or unusual acceleration or deceleration of the motor vehicle or motorcycle or in making a turn with said vehicle or motorcycle in such a manner as to cause unnecessary squealing of the tires.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(15)

Exhausts and mufflers generally. Causing or permitting the operation of any device, fan, vehicle, construction equipment, lawn maintenance equipment, including but not limited to any diesel engine, internal-combustion engine or turbine engine, that has been modified or becomes defective, so as to cause the level of sound emitted to be greater than that emitted when originally manufactured shall be prohibited. No person shall operate said devices, equipment, etc., with the muffler or noise reduction equipment removed.

(16)

Recreational vehicles (including snowmobiles and golf carts). No person shall operate or permit to be operated any motor-powered recreational vehicle on public streets within the Village of Dansville if said vehicle is not licensed for operation on public streets pursuant to the Vehicle and Traffic Law.

(a)

No person shall operate or permit to be operated any motor-powered recreational vehicle on any public or private property within the Village of Dansville limits in such a manner as to create unnecessary noise so as to unreasonably disturb or interfere with persons in the peaceful and quiet enjoyment of their property.

Exceptions.

(1)

Noise emanating from parades, concerts, authorized public celebrations, authorized carnivals, or similar events.

(2)

The emission of sound for the purpose of alerting persons to the existence of an emergency, including but not limited to the sirens and whistles of fire and police emergency vehicles.

(3)

Noise from individually sponsored events where a permit for the event has been obtained from the Village Clerk-Treasurer.

(a)

When authorized by the Board of Trustees, the Village Clerk-Treasurer is permitted to issue a permit for a wedding or similar event to be held outdoors or in a tent, with music provided by a band, orchestra or sound-reproduction equipment, provided that the sound levels are not annoying to a reasonable person when heard at a distance 100 feet between the hours of 9:00 p.m. and 8:00 a.m., Sunday through Thursday and 12:00 midnight and 8:00 a.m., Friday, Saturday and Sunday.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(b)

The intended hours of the event shall be furnished to the Village Clerk-Treasurer at the time of application for a permit and shall be listed on the permit.

(c)

Other reasonable conditions which conform to the intent and purposes of this chapter may be imposed by the Board of Trustees upon issuance of such permit.

(d)

The Board of Trustees reserves the right to limit the number and frequency of permits granted in any geographic area of the Village.

(e)

A copy of the permit, along with the conditions limiting such permit, shall be provided to the Village Police Department.

(4)

Noise emanating from individuals utilizing the public parks located within the Village of Dansville during the posted hours of operation for said parks.

(5)

Noise resulting from Department of Public Works crews clearing streets of storm damage and snow cover, responding to potential or actual flooding situations, and repairing water and sewer issues.