[HISTORY: Adopted by the Village Board of Trustees of the Village of Lima 11-12-1991 by L.L. No. 2-1991. Amendments noted where applicable.]
A. 
This chapter shall be known as the "Noise Law."
B. 
The Board of Trustees determines that the making and creating of excessive noise within the limits of the Village of Lima is a condition which has existed for some time and the extent and volume of such noise is increasing.
C. 
The Board further determines that noise on streets, sidewalks, public parks or public gathering places is most likely to interfere with the peace and quiet of the inhabitants of the Village and to injure human life, animal life, property and business.
A. 
The Board of Trustees hereby intends to prohibit all excessive noise from all sources subject to its police power in order to preserve, protect and promote the public health, safety and welfare and the peace, quiet, comfort and repose of the inhabitants of the Village of Lima.
B. 
This chapter shall be liberally construed to provide an effective noise control program.
As used in this chapter, the following terms shall have the meanings indicated:
CONSTRUCTION
Any or all activity, except tunneling, necessary or incidental to the erection, demolition, assembling, altering, installing or equipment of buildings, public or private highways, roads, premises, parks, utility lines (including such lines in already constructed tunnels) or other property, including land clearing, grading, excavating and filling.
EMERGENCY
A public calamity or an exposure of any person or property to imminent danger.
EMERGENCY SIGNAL DEVICE
Any gong, siren, whistle, air horn or similar device, the use of which on emergency vehicles is permitted by Subdivision 26 of § 375 of the Vehicle and Traffic Law.
EXCESSIVE NOISE
Any sound which endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivity or endangers or injures personal or real property.
MOTOR VEHICLE
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.
NOISE
Any erratic, intermittent or continuous or statistically random oscillation or unwanted sound.
PERSON
Any individual, partnership, company, corporation, association, firm, organization, governmental agency, administration or department or any other group of individuals or any officer or employee thereof.
A. 
No person shall make, continue or cause or permit to be made or continued any excessive noise as defined in this chapter.
B. 
The creation of any unreasonably loud, disturbing and unnecessary noise in the Village is prohibited. Unnecessary noise of such character, intensity or duration as to endanger public comfort, peace or repose in the reasonable opinion of a person of normal sensitivity or to be detrimental to life or health of residents of the Village is declared to be a nuisance and is prohibited.
A. 
No person shall make, aid, countenance or assist in making noise or disturbance or operate a motor vehicle, motorcycle, minibike or any other motorized vehicle in such a manner as to cause excessive squealing or other excessive noise of the tires or engine of said vehicle on the sidewalks, streets or highways of the Village of Lima.
B. 
No person shall use an automobile, motorcycle, bus or vehicle so out of repair or so loaded in any manner as to create loud or unnecessary grating, grinding, rattling or other noise.
No person shall keep or harbor any animal or bird, whether such animal or bird is a family pet or otherwise, which, by causing loud and frequent or excessive noise or by generating noise which is of excessive duration, disturbs the comfort or repose of residents in the vicinity.
A. 
Prohibited acts.
(1) 
No person shall erect, install or use any reproducing instrument, broadcaster, radio, amplifier or conveyor of sound which produces loud or raucous noise on or over the streets or public places with the Village of Lima for the purpose of advertising any goods, wares or merchandise or any meeting, entertainment or event or for the purpose of attracting or inviting the patronage of any person to any business whatsoever.
(2) 
No excessive noise shall be permitted in connection with the operation or incidental to the operation of any business open to the public.
(3) 
No person shall operate or play instruments or recordings or any radio, phonograph, record player, amplifier or any musical instrument in such manner or with such volume at any time, particularly during the hours between 11:00 p.m. and 7:00 a.m., as to annoy the quiet, comfort or repose of residents of the Village.
B. 
The provisions of this section shall not be construed to prevent any funeral procession or religious ceremony; nor shall the terms of this section be construed to prevent the production of music in connection with any parade authorized under any provision of law; nor shall this section prevent any musical performance upon any public street or place where authorized by law for such purpose; nor shall this section prevent the use of amplifiers or other sound-producing instruments in connection with any athletic competition or recreational event held on athletic fields, stadiums or public parks; nor shall such provisions apply to police or fire apparatus while used in the performance of public duty.
No person shall operate or use or cause to be operated or used any emergency signal device or alarm, except:
A. 
On an emergency vehicle when such vehicle is in the immediate act of responding to an emergency.
B. 
To give notice as a warning of an emergency or other situation in which the sounding of an alarm is reasonable and appropriate; or
C. 
In order to reasonably test such device.
No person shall make or permit to be made excessive noise in connection with loading or unloading of any vehicle or the opening, unloading or destruction of bales, boxes, crates and containers.
A. 
Permitted hours.
[Amended 9-27-2005 by L.L. No. 3-2005]
(1) 
Within the Village of Lima, no person or party shall engage in or permit or direct any person or party to be engaged in construction activities, including but not limited to excavation, construction and demolition, which such activities shall create or result in excessive noise being generated at the property limits of the construction site during the hours between 10:00 p.m. and 7:00 a.m. of the following day.
(2) 
On weekend days, no construction activities shall be permitted to take place during the hours between 10:00 p.m. and 8:00 a.m., such that from 10:00 p.m. on Friday to 8:00 a.m. on Saturday, and from 10:00 p.m. on Saturday to 8:00 a.m. on Sunday, construction activities shall be prohibited within the Village of Lima if such activities shall create or result in excessive noise being generated at the property limits of the construction site.
B. 
In case of an emergency, construction activities directly connected with the abatement of such emergency may be undertaken for a period not to exceed 72 hours from the time of commencement of such activities.
This chapter shall be administered and entered by the Village Code Enforcement Officer or any law enforcement official with jurisdiction in the Village of Lima.
A. 
Any person who commits or permits any act in violation of this chapter shall be deemed to have committed an offense against such law and upon conviction therefor shall be subject to a fine of not more than $250 or imprisonment not exceeding 15 days, or by both such fine and imprisonment.
[Amended 9-23-1997 by L.L. No. 3-1997]
B. 
Each act committed in violation of any provision of this chapter shall constitute a separate additional violation.