[HISTORY: Adopted by the Board of Trustees of the Village of Floral Park 11-4-2020 by L.L. No. 3-2020. Amendments noted where applicable.]
It shall be unlawful for any property owner or person in possession or in-charge of the property, their designated agents, and any disc jockey, band, entertainer or person performing, appearing or providing services at the event to use or operate, or to cause or allow the use or operation of any sound device or apparatus in, on, near or adjacent to any street, park or place unless a sound permit for such use or operation has been issued by the Village Clerk in the manner hereinafter prescribed.
No sound permit shall be required in the following circumstances:
A. 
Any sound device used in a public parade or at any event sponsored by the Village of Floral Park.
B. 
Any sound device or apparatus used by religious institutions on or within its own premises in conjunction with religious services as long as such devises are not unreasonably loud or disturbing or of such character, intensity or duration as to be detrimental to the peaceful and tranquil enjoyment of surrounding properties and the community-at-large.
C. 
Sound devices used solely for the purpose of warning, protecting or altering the public or some segment thereof of the existence of any emergency or danger, including but not limited to the sirens of emergency response vehicles.
D. 
Sound devices, whether fixed or mobile, to be used to direct holiday music outside of buildings and into the streets of the Village of Floral Park as approved by the Village Board from the Thanksgiving holiday up to and including December 31 each year between the hours of 9:00 a.m. and 9:00 p.m.
E. 
Sound devices used by federal, state and local governmental agencies in furtherance of their governmental duties.
F. 
Sound devices used during organized sporting events by leagues, clubs, and private or public schools.
G. 
Residential property owners or lessees who use a sound device for personal purposes at their residences and not in connection with a special event at the site, as long as such devices are not unreasonably loud or disturbing or of such character, intensity or duration as to be detrimental to the peaceful and tranquil enjoyment of surrounding properties and the community-at-large.
A. 
The property owner, a lessee of property or their designated agency shall file a written application with the Village Clerk together with a nonrefundable application fee of $50 no less than 14 business days before the event. Upon good cause shown, the Village Clerk may accept an application beyond the period specified.
B. 
If the agent is the applicant, then the application shall be consented to and acknowledged in writing by the owner or lessee of the property, and same shall be bound by the statements in the application; the terms, conditions and restrictions of the permit; and the provisions of this chapter in the same manner as the agent.
C. 
Such application shall contain the name address and contact numbers of the property owner and the person in possession or in charge of the property, their designated agents, and the name, address and contact numbers of the disc jockey, band, entertainer or person appearing or providing services at the event, if applicable; shall describe the event; the specific location where the sound device or apparatus is proposed to be used; the date and hours of day during which it will be used or operated; the nature and type of sound apparatus to be used; and such other pertinent information as the Village Clerk may deem necessary to carry out the provisions of this chapter.
A. 
The Village Clerk may approve an application for a permit in whole or in part subject to such conditions and restrictions deemed necessary by the Village Clerk upon the recommendation of the Police Commissioner or otherwise, and subject Village to compliance with all applicable laws, rules and/or regulations.
B. 
If an application is denied by the Village Clerk, the reason for such denial shall be provided in writing and mailed to the applicant by regular mail to the address shown on the application.
Each permit issued shall describe the event, the specific location where such sound device may be used or operated, the date and exact period of time such apparatus or device may be operated at the location, and such terms, conditions, and restrictions as may be deemed necessary by the Village Clerk, in order to safeguard and protect the use and enjoyment of neighboring properties, streets, parks and other public places; and the health, welfare and safety of the community-at-large.
A. 
No permit shall be issued under the following circumstances:
(1) 
In any location within 500 feet of a school or church, during the hours of school or worship, respectively.
(2) 
In any location where the Village Clerk, upon investigation, shall determine that the condition of vehicular or pedestrian traffic, or both, is such that the use of such a device or apparatus will constitute a threat to the safety of pedestrian or vehicular operators.
(3) 
In any location where the Village Clerk, upon investigation by the Police Commissioner or otherwise, determines that because of overcrowding, or the existence of road or street repairs or other physical conditions the use of a sound device or apparatus will be hazardous to human health or safety, or detrimental to the safe, comfortable, convenient and peaceful enjoyment of any public street, park or place.
(4) 
In or on any vehicle or other device while it is in transit.
(5) 
For events occurring between the hours of 11:00 p.m. and 9:00 a.m.
B. 
The Village Clerk may deny a permit under the following circumstances:
(1) 
In the discretion of the Village Clerk prior violations by the same applicant or homeowner of (1) the terms or conditions of a prior sound permit, (2) the lawful order of the Police Commissioner or his designee, or (3) the provisions of this chapter or any rule or regulation promulgated pursuant to this chapter, may be cause for denial of future permits.
(2) 
The Village Clerk may, in his or her judgment, deny an application for a permit if for any reason the issuance of a permit would be detrimental to the health, welfare and/or safety of the public or neighboring properties, or would create a hazard.
The acceptance of a permit shall constitute an agreement by the property owner and permit holder that they will comply in all respects with the terms and conditions of the permit, obey the lawful order of the Police Commissioner or his designee, and all applicable laws and rules. A property owner and/or permit holder who fails to post a permit as required by this section shall be in violation of this article.
The permit shall be properly posted in a conspicuous place at the premises for which it was issued. The permit shall be posted at all times during the event and shall not be removed until the event is concluded. A property owner and/or permit holder who fails to post a permit as required by this section shall be in violation of this article.
It shall be unlawful to allow or cause a permit to be posted at a premises other than the premises for which the permit was issued. The property owner and/or permit holder and the owner of the property on whose property the permit is unlawfully posted shall be strictly liable for a violation of this article.
It shall be unlawful to alter, obscure, deface, change or otherwise tamper with any portion of a permit issued by the Village of Floral Park. The property owner and/or permit holder shall be strictly liable for a violation of this section.
It shall be unlawful to assign or transfer a permit issued pursuant to this chapter without the expressed consent of the Village Clerk. Any permit transferred without such approval shall be null and void.
The Village Clerk may revoke a permit, in the reasonable exercise of his/her discretion and pursuant to the recommendation of the Police Commissioner or otherwise, under the following circumstances. In the event a permit is revoked, the fees for such permit shall be forfeited and shall not be refunded.
A. 
Where there has been a false statement, misrepresentation or incorrect information on the application or in other information provided by the applicant.
B. 
Where it is found that the permit was issued in error and should not have been issued in accordance with the applicable law.
C. 
Where the Village Clerk finds that the property owner, person in possession or in charge of the property, their agent and/or permit holder is not in compliance with the terms and conditions of the permit or with the lawful order of the Police Commissioner or his designee, or with the provisions of this chapter or other applicable law or rule.
Any person, firm or corporation who violates any section of this chapter, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $250 for a first offense, by a fine not less than $250 but no more than $1,000 for a second offense, committed within 30 days of the first offense, and by a fine of not less than $1,000 nor more than $5,000 for a third or succeeding offense committed within two years of the date of the first offense. Any person or entity found to have violated any section of this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein for a first offense and subsequent offenses, respectively.