Any noise associated with the natural sounds surrounding that
environment and can be from near and far.
(a)
Any loud, unnecessary, unreasonable, and unusual noises that disturb
the peace or quiet within the geographical boundaries of the City
of Olean or which cause discomfort or annoyance to any reasonable
person of normal sensitivity.
(b)
Motor vehicles (automobiles, motorcycles, buses or other vehicles).
(1)
Engine revving and tire squealing: The operating of a motor vehicle
or motorcycle in such a manner as to cause unreasonable noise by excessive
spinning or squealing noise of the tires or by causing the engine/motor
of such vehicle or motorcycle to rev producing excessive motor roar.
(2)
Radio: 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. The operation of any of the above in such
a manner as to be plainly audible from the vehicle at which it is
located shall be prima facie evidence of a violation of the chapter.
(c)
Lawn care machinery.
(1)
Any lawn care equipment run by gas/fluids and otherwise muffled.
a.
Operation of lawn care machinery, to include lawn mowers, lawn tractors,
trimmers, edgers, power-driven hedge shears, leaf blowers and other
lawn care power machines, shall not be used between the hours of 10:00
p.m. and 7:00 a.m., Sunday through Saturday.
(d)
Animals.
(1)
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, bellowing, crying,
screeching, howling, braying or other like sounds which can be heard
beyond the boundary of the owner's property.
(e)
Public disturbances.
(1)
Shouting and crying of peddlers, hawkers and vendors which disturb
the peace and quiet of the neighborhood.
(2)
Yelling, shouting, hooting, whistling or singing on public streets
shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m.,
Sunday through Saturday, or at any time or place 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.
(f)
Musical instruments and devices.
(1)
No person shall operate or play any radio, phonograph or any musical
instrument in such manner or with such volume at any time between
the hours of 10:00 p.m. and 7:00 a.m., Sunday through Saturday, or
at any time or place 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.
(2)
No person shall use or operate any musical instrument or device such
as steam whistles, horns, gongs, and bells (church bells are exempt)
which disturbs the quiet or repose in the vicinity thereof.
(3)
No person shall use, operate or be permitted to be played, used or
operated any radio receiving set, musical instrument, broadcasters,
loud speakers, amplifiers, sound-producing instruments, or other machine
or device in such 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 in the
room, vehicle or chamber in which such machine or device is operated
and who are voluntary listeners thereto.
(g)
Construction/demolition.
(1)
Any person erecting (including excavating) demolition, grading, alteration
or repair of any building shall not be allowed between the hours of
10:00 p.m. and 7:00 a.m., Sunday through Saturday, unless specially
permitted by the Department of Public Works.
(2)
Any person operating any pile driver, pneumatic hammer, dredging,
derrick, steam or electric hoist or other such appliance, the use
of which is attended by loud or unusual noise, shall not be allowed
between the hours of 10:00 p.m. and 7:00 a.m., Sunday through Saturday,
unless specially permitted by the Department of Public Works as emergency
work.
(3)
Any person desiring to engage in the aforesaid activity beyond the
stated hours of limitations, based upon cases of urgent necessity
or upon the interests of public health, safety, and convenience, may
apply to the Department of Public Works for a special permit allowing
such activity. The Department of Public Works shall weigh all facts
and circumstances and shall determine whether the reasons given for
the urgent necessity are valid and reasonable, whether the public
health, safety and ultimate convenience will be protected or better
served by granting the permit requested and whether the manner and
amount of loss by or inconvenience to the party in interest imposes
a significant hardship.
