[HISTORY: Adopted by the Board of Trustees of the Village
of Woodridge 3-18-2019 by L.L. No. 1-2019. Amendments noted where
applicable.]
The making and creating of disturbing, excessive, or offensive
noises in the Village is a condition which has persisted, and the
level and frequency of occurrences of such noises continues to increase.
These noise levels are a detriment to the public health, comfort,
convenience, safety, and welfare of the citizens. Every person is
entitled to an environment in which disturbing, excessive, or offensive
noise is not detrimental to his or her life, health, or enjoyment
of 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.
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. For purposes of this
chapter, unreasonable noise is any disturbing, excessive, or offensive
sound that disturbs a reasonable person of normal sensitivities.
B.
The following acts are declared to be prima facie evidence of a violation
of this chapter. This enumeration shall not be deemed exclusive:
(1)
Noise from a dog or other pet animal that is continuous and exceeds
15 minutes.
(2)
Excessive or unreasonable level of noise from any live music or sound-reproducing
system, operating or playing any radio, portable radio or tape player,
television, tape deck or similar device that produces or amplifies
sound.
(3)
The construction, including excavation, demolition, alteration or
repair of any building other than between 7:00 a.m. and 9:00 p.m.
Monday through Saturday and 9:00 a.m. and 9:00 p.m. Sunday, except
in the case of public safety and emergency.
(4)
The operation of power equipment outdoors other than between 7:00
am and 9:00 p.m., except in the case of public safety and emergency.
(5)
The sounding of any excessive noise from an automobile, motorcycle
or other vehicle for any unnecessary or unreasonable period of time,
including, but not limited to, excessive squealing or other excessive
noise from the tires.
(6)
The firing or discharging of a gun, fireworks, gunpowder or other
combustible substances within the Village of Woodridge with the intention
of making noise or for the purpose of attracting attention.
(7)
The use of fireworks approved for use in the State of New York that
emanate noise may not be fired before 10:00 a.m. or after 10:00 p.m.
within the Village of Woodridge.
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 municipally sponsored celebrations or events;
C.
Noise from individually sponsored events where a permit for the public
assembly or other relevant permission has been obtained from the Village;
D.
The operation or use of any radio, bell, chimes or other instrument,
apparatus, or device by any church, synagogue, recreational event,
or school licensed or chartered by the State of New York.
Any person who violates any provision of this chapter shall
be guilty of a violation and shall be subject to a fine not to exceed
$250 for each offense. The Village may also seek injunctive relief
to prevent the continued violation of this chapter.
This chapter shall be administered and enforced by any local,
county, or state law enforcement agency with jurisdiction in the Village
of Woodridge. Violations pursuant to this chapter shall be prosecuted
by the District Attorney's office, attorney for the Village,
or by a special prosecutor authorized by resolution of the Village
Board.
This chapter shall take effect immediately upon filing with
the Secretary of the State of New York.
