[HISTORY: Adopted by the Board of Trustees
of the Village of Penn Yan 9-21-1999 by L.L. No. 6-1999; amended in its entirety 12-18-2018 by L.L. No. 1-2019. Subsequent amendments noted where applicable.]
Problems concerning the disturbance of peace and quiet by noise
from various activities are best solved by thoughtful discussion and
cooperative agreements between affected parties. However, to resolve
remaining problems of noise which is disturbing to others, it is the
policy of the Village of Penn Yan to establish some standards and
penalties. It is hereby declared to be the policy of the Village of
Penn Yan to prevent certain noises that make it difficult for members
of the public and residents within the privacy of their homes to be
free from intrusive unwanted noise.
As used in this chapter, the following terms shall have the
meanings indicated:
Loud enough to be heard.
Any loud or disagreeable sound which annoys, disturbs or
endangers the comfort, repose, rest, health, peace or safety of one
or more humans or animals of normal sensitivity.
Every device in, upon or by which any person or property
is or may be transported or drawn which is propelled by any power
other than muscular power, except vehicles which run only upon rails
or tracks. This definition shall include but not be limited to trucks,
buses, automobiles, vans, motorcycles, motor-driven cycles, motor
scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts,
minibikes, trail bikes and all other types of motorized recreational
vehicles.
Any individual, partnership, company, corporation, association,
firm, organization, governmental agency, administration or department
of any group of individuals, or any officer or employee thereof.
Any device which produces or reproduces sound, including,
but not limited to, any radio receiver, television receiver, musical
instrument, phonograph, boom box or sound-amplifying system.
No person shall use or operate or permit to be used or operated
any sound production device creating a sound louder than is necessary
for convenient hearing by the person or persons who are voluntary
listeners thereto. It shall be prima facie evidence of a violation
of this section if sound emanating from such sound production device
is:
A.
Audible beyond the property line of the premises upon which it is
being used between the hours of 10:00 p.m. and 6:59 a.m.; or
B.
Audible through the closed windows and doors of a dwelling located
adjacent to the source of the sound between the hours of 7:00 a.m.
and 9:59 p.m.;
C.
(1)
Written permission has been given by the owner or renter of the premises
beyond the property line of the dwelling adjacent to the source of
the sound; or
(2)
A schedule of operating hours is agreed upon in writing by the person
creating the noise and the owners or renters of the premises beyond
the property line or dwelling located adjacent to the source of the
noise.
D.
Audible at a distance of 20 feet from such sound production device
if operated from within a motor vehicle on a public street.
No person or persons shall create excessive noise by loud talking,
yelling, singing or playing of musical instruments; banging on anything
that creates excessive noise or creating excessive noise by any other
means, including the operation of mechanical devices such as lawn
mowers, chainsaws, leaf blowers, weed eaters or other power equipment
between the hours of 10:00 p.m. and 6:59 a m.
In addition to the exemptions provided for in § 124-3C(1) and (2), the provisions of this chapter shall not apply to:
A.
The production of music in connection with any parade authorized
by the Board of Trustees of the Village of Penn Yan.
B.
Any musical performance upon a public place authorized by the Board
of Trustees of the Village of Penn Yan.
C.
Any noise created during events sponsored by any church, school,
local government entity, veterans' organization or organizations
responsible for providing emergency services to the Village.
D.
Operation of machinery for snow removal or control during the winter
season.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punishable as follows:
A.
First offense: fine of a minimum of $25 and a maximum of $100 or
by imprisonment for a term of not more than 15 days, or by both such
fine and imprisonment.
B.
Second offense: fine of a minimum of $100 and a maximum of $200 or
by imprisonment for a term of not more than 15 days, or by both such
fine and imprisonment.
C.
Third and subsequent offenses: fine of a minimum of $250 and a maximum
of $500 or by imprisonment for a term of not more than 15 days, or
by both such fine and imprisonment.
The provisions of any section of this chapter shall not be deemed
to modify or otherwise affect or to be in substitution for any provision
of any other section of this chapter or other chapter of the Code
of the Village of Penn Yan, but shall be cumulative thereto.
If the provisions of this chapter are inconsistent with any
other provision in the Code of the Village of Penn Yan, or with any
rule or regulation of any department, bureau or governmental agency
of the Village of Penn Yan, the provisions of this chapter shall control.
Should any section, paragraph, sentence, clause or phrase in
this chapter be declared unconstitutional or invalid for any reason,
the remainder of this chapter shall not be affected thereby and shall
remain in full force and effect, and to this end the provisions of
this chapter are declared to be severable.
