[HISTORY: Adopted by the Board of Trustees of the Village
of Celoron 4-8-1985 by L.L. No.
3-1985 (Ch. 6 of the 1966 Code). Amendments noted
where applicable.]
[Amended 12-9-2013 by L.L. No. 4-2013]
As used in this chapter, the following terms shall have the
meanings indicated:
To shoot or fire a firearm.
Any person engaged in, joining in, promoting or prompting
a riotous or tumultuous demonstration within said Village; and any
person who shall do or join others in doing, or participate in doing
or performing any act that disturbs the peace, moral propriety or
welfare of the people of said Village, shall be a disorderly person.
Any pistol, revolver, shotgun, rifle, or air gun; but shall
not mean a starter pistol used in an athletic event.
A member of the Town of Ellicott Police Department, Chautauqua
County Sheriffs Department, New York State Police or other law enforcement
officer authorized under the laws of the State of New York and/or
the United States of America.
The Penal Law of the State of New York, as amended.
The Board of Trustees in and for the Village of Celoron.
A.
No person under the age of 16 years shall be or remain in or upon
any of the streets, alleys or public places in the Village during
any part of the night after the hours of 10:00 p.m. and 6:00 a.m.
unless such person is accompanied by a parent, guardian or other person
having the legal custody or control of such minor person, or whose
employment makes it necessary to be upon such streets, alleys or public
places during the nighttime after such specified hours. This exception
shall not apply when the person under such age shall be playing or
unnecessarily loitering in or upon any such street, alley or public
place.
B.
No parent, guardian or other person having the legal care, custody
or control of any child under 16 years of age shall knowingly allow
or permit any such child to go or be in or upon any streets, alleys
or public places in the Village between the hours specified in this
article unless there exists reasonable necessity therefor.[1]
A.
No person shall throw, cast, or direct, suffer or permit any agent,
employee or person in his charge to throw, cast or place any refuse,
including discarded machinery, equipment and appliances, tires, bedding,
furniture, scrap lumber, rope, rags, batteries, paper, trash, rubber,
debris, waste, or junked, scrapped, ruined, dismantled or wrecked
motor vehicles or parts thereof, and similar materials; provided,
however, such refuse shall not mean machinery or equipment retired
from use by its owner which is retained by that owner for spare parts
for similar machinery or equipment in use by that owner, provided
such spare parts are kept inside a building, or rubbish of any kind
whatsoever in any street, walk, lawn, path, road, park or other public
place or upon any private property, whether owner by such person or
not, within the Village. Nor shall any person at any time sweep any
of the aforementioned refuse or rubbish from the sidewalk into the
gutter except as is permitted for purposes of collection; nor shall
any person throw or deposit any refuse in any stream or other body
of water.
B.
No person shall cast, place, sweep or deposit anywhere within the
Village any refuse in such a manner that it may be carried or deposited
by the elements upon any street, sidewalk, alley, sewer, parkway or
other public place or into any occupied premises within the Village.
C.
It shall be unlawful for any person to scatter, drop or spill, or
permit to be scattered, dropped or spilled, from any vehicle or part
thereof, or receptacle or otherwise, any refuse or rubbish of any
sort therefrom in or upon any street or public place.[1]
[1]
Editor's Note: The following original sections of the 1966
Code, which immediately followed this subsection, were repealed 12-9-2013
by L.L. No. 4-2013: § 6-4 , Firearms and fireworks; and
§ 6-5, Bicycles.
[Added 12-9-2013 by L.L.
No. 4-2013]
It shall be unlawful for any person to discharge a firearm within
the Village of Celoron, except that this prohibition shall not apply
to the following:
A.
Any law
enforcement officer while engaged in the lawful discharge of his duties.
B.
The defense
of one's person or property or the person or property of another,
provided that such discharge of a firearm is permitted as a justified
use of deadly physical force as provided in the Penal Law.
C.
The regulated
use of a range for the discharge of firearms operated and maintained
by an organization duly organized by law for such purposes, which
has been approved by the Village Board.
D.
Programs
conducted by a public school or persons certified by the National
Rifle Association and approved by the New York State Department of
Environmental Conservation offering instruction and training in the
use of firearms, which has been approved by the Village Board.
E.
Discharge
of a firearm, provided that such discharge shall not propel any projectile,
as part of a ceremony celebrating a national holiday or other similar
occasion.
[Added 10-15-2019 by L.L.
No. 3-2019[1]]
A.
Declaration of policy. It is hereby declared to be the public policy
of the Village to reduce the ambient noise level in the Village, so
as to preserve, protect and promote the public health, safety and
welfare and the peace and quiet of the inhabitants of the Village,
prevent injury to human, plant and animal life and property, foster
the convenience and comfort of its inhabitants and facilitate the
enjoyment of the natural attractions of the Village. It is the public
policy of the Village that every person is entitled to ambient noise
levels that are not detrimental to life, health and enjoyment of his
or her property. It is hereby declared that the making, creation or
maintenance of excessive or unreasonable noises within the Village
affects and is a menace to the public health, comfort, convenience,
safety, welfare and the prosperity of the people of the Village. The
provisions and prohibitions hereinafter contained and enacted are
for the above-mentioned purpose.
B.
Interpretation. This chapter shall be liberally construed so as to
effectuate the purposes described in this chapter. Nothing herein
shall abridge the powers and responsibilities of any police department,
law enforcement agency or code enforcement department to enforce the
provisions of this chapter. Nothing herein shall be construed to abridge
the powers of any health department, code enforcement department or
the right of such department to engage in any necessary or proper
activities.
C.
It shall be unlawful for any person to willfully make or continue,
or cause to be made or continued, any loud, unnecessary, unreasonable
or unusual noise, or to permit any other to do so, which disturbs
the peace or quiet within the geographical boundaries of the Village
of Celoron, or which causes discomfort or annoyance to any reasonable
person of normal sensitiveness. For the purposes of this chapter,
it shall be presumed that the owner, tenant, person or persons in
possession or control, and the occupants of the particular premises,
are, jointly or severally, permitting such noise.
D.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but such enumeration
shall not be deemed to be exclusive:
(1)
It shall be unlawful for any person operating a motor vehicle, motorcycle
or omnibus, as they are defined in the Vehicle and Traffic Law of
the State of New York, to use a horn or other device for signaling
except in a reasonable manner as a danger warning, and it shall be
unlawful for any person having the management and control of any motor
vehicle, motorcycle or omnibus to produce or cause, suffer or allow
to be produced by means of such horn or other signaling device a sound
which shall be unreasonable or unnecessarily loud or harsh or shall
continue for an unnecessary and unreasonable period of time.
(2)
No person shall use or operate or cause to be used or operated, in
front of or outside any building, place or premises, or in or through
any window, doorway or opening of such building, place or premises,
or upon any public street or place or on any vehicle thereon, any
device or apparatus for the amplification of sounds from any radio
or other sound-making or sound-reproducing device without permission
from the Village Board of Trustees.
(3)
The using, operating or permitting to be played, used or operated
any radio receiving set, musical instrument, 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 the neighboring inhabitants
or at any time with louder volume than is necessary for convenient
hearing for the persons who are voluntary listeners thereto. The operation
of any of the above in such a manner as to be plainly audible at a
distance of 25 feet from the building, structure, property or room
in which it is located shall be prima facie evidence of a violation
of this subsection.
(4)
Yelling, shouting, hooting, whistling or singing or the uttering
of obscenities upon the public streets so as to annoy or disturb the
quiet, comfort or repose of persons in any office or in any dwelling,
hotel or other type of residence or of any persons in the vicinity.
(5)
No animal or bird owner shall permit any animal to cause annoyance,
alarm or noise disturbance for more than 15 minutes at any time of
the day or night by repeated barking, whining, screeching, howling,
braying or other like sounds which can be heard beyond the boundary
of the owner's property.
(6)
No person shall cause or permit the operation of any device, vehicle,
construction equipment or lawn maintenance equipment, including but
not limited to any diesel engine, internal combustion engine or turbine
engine, without a properly functioning muffler in good working order
and in constant operation regardless of sound level produced.
(7)
The creation of loud and excessive noise in connection with loading
or unloading any vehicle or the opening, closing or other handling
of boxes, crates, containers, building materials or other similar
objects.
(8)
Any activity necessary or incidental to the erection (including excavating),
demolition, alteration or repair of any building other than between
the hours of 7:00 a.m. and 6:00 p.m. weekdays and Saturdays, except
in the case of urgent necessity in the interest of public health and
safety, and then only with a permit from the Code Enforcement Officer,
which permit may be granted for a period not to exceed three days
or less while the emergency continues, and which permit may be renewed
for periods of three days or less while the emergency continues. If
the Code Enforcement Officer should determine that the public health
and safety will not be impaired by the erection, demolition, alteration
or repair of any building or the excavation of streets and highways
within the hours of 6:00 p.m. and 7:00 a.m., and if he/she shall further
determine that loss or inconvenience would result to any party in
interest, he/she may grant permission for such work to be done within
the hours of 6:00 p.m. and 7:00 a.m. upon application being made at
the time the permit for the work is awarded or during the progress
of the work.
(9)
Subject to the limitations enumerated below, no person, while on
public or private grounds on or adjacent to a school, hospital, court
or place of worship, shall willfully make or assist in the making
of any noise or diversion which disrupts or tends to disturb the peace
or good order of the activities within:
(10)
The shouting and crying of peddlers, hawkers and vendors which
disturb the peace and quiet of the neighborhood.
(11)
The use of any drum or other instrument or device for the purpose
of attracting attention by creation of noise to any performance, show
or sale.
(12)
The operation between the hours of 10:00 p.m. and 7:00 a.m.
of any pile driver, pneumatic hammer, derrick, steam or electric hoist
or other such appliance, the use of which is attended by loud or unusual
noise.
(13)
Motor vehicles:
(a)
The playing of any radio, music player or audio system in a
motor vehicle at such volume as to disturb the quiet, comfort or repose
of other persons or at a volume which is plainly audible to persons
other than the occupants of such vehicle; the operation of any of
the above in such a manner as to be plainly audible at a distance
of 10 feet from the vehicle at which it is located shall be prima
facie evidence of a violation of this subsection.
(b)
No person shall operate a vehicle in such a manner as to cause
unreasonable noise by spinning or squealing the tires of such vehicle,
or by causing the engine to rev, producing excessive motor roar.
(c)
No person shall allow noise from an automobile alarm in excess
of five minutes after it has activated.
(d)
The repair, rebuilding or testing of any motor vehicle, excepting
emergency repairs, where the standards for determination so dictate
or in such a manner that a reasonable person of normal sensitiveness
in the area is caused discomfort or annoyance.
(14)
The operation of lawn mowers, lawn tractors, trimmers, leaf
blowers and other lawn care power machines between the hour of 9:00
p.m. and 7:00 a.m. Monday through Friday and between the hours of
9:00 p.m. and 8:00 a.m. on Saturdays, Sundays and legal holidays.
E.
The provisions of this chapter shall not apply to noise generated
by municipality-sponsored concerts or permitted special events, as
well as noise generated by events held at or within the confines of
stadiums, arenas or fields designed specifically and primarily for
sporting events and which are open to the public.
[Added 10-15-2019 by L.L.
No. 3-2019]
The gathering and assembling of persons in a public place in
such a manner as to disturb the peace is hereby declared to be unlawful,
and the police force is hereby directed to disperse all such gatherings,
loitering, assemblages, groups, mobs and similar congregations of
people. In the event of such persons refusing to disperse, the police
are hereby authorized to make the summary arrests of such persons.
No public meetings within or parade through the highways of the Village
shall be permitted except upon the written authorization of the Village
Board of Trustees.
[Added 10-15-2019 by L.L.
No. 3-2019]
A.
A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a
risk thereof:
(1)
Such person engages in fighting or in violent, tumultuous or threatening
behavior; or
(2)
Such person makes unreasonable noise; or
(3)
In a public place, such person uses abusive or obscene language,
or makes an obscene gesture; or
(4)
Without lawful authority, such person disturbs any lawful assembly
or meeting of persons; or
(5)
Such person obstructs vehicular or pedestrian traffic; or
(6)
Such person congregates with other persons in a public place and
refuses to comply with a lawful order of the police to disperse; or
(7)
Such person creates a hazardous or physically offensive condition
by any act which serves no legitimate purpose.
(8)
Such person is found to be in violation of any lawfully posted rules
and/or regulations on public property.
B.
Disorderly conduct is a violation and, upon conviction thereof, shall
be punishable as provided in this chapter.
[Amended 12-9-2013 by L.L. No. 4-2013]
Any person convicted of violating any provisions of this chapter
shall be punishable by a fine not to exceed $250 or by imprisonment
for not more than 15 days, or both such fine and imprisonment. Each
day's continued violation shall constitute a separate and additional
violation.
