[HISTORY: Adopted by the Board of Trustees of the Village of Victor 10-17-2022 by L.L. No. 5-2022. Amendments noted where applicable.]
This chapter shall be known as the "Noise Code of the Village of Victor" and may be referred to in this chapter as the "Noise Code" or as "this code."
The purpose of this chapter is to regulate noise in the Village of Victor. The Village Board of Trustees finds that excessive or otherwise unreasonable noise within the Village can negatively affect the protection, order, conduct, safety, health, welfare and well-being of the persons and property within the Village of Victor. Therefore, the Village Board of Trustees of the Village of Victor hereby further finds and determines that noise shall be regulated within the Village.
For the specific purpose of this code, the following terms, whenever used herein or referred to in this code, shall have the respective meanings given to them hereunder, unless a different meaning clearly appears from the context:
EXCESSIVE NOISE
Any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of a reasonable person of reasonable sensitivities or which causes injury to animal life or damage to a property or business. Standards to be considered in determining whether excessive noise exists in a given situation include, but are not limited to, the following:
A. 
The volume or intensity of the noise;
B. 
Whether the nature of the noise is unusual or rare;
C. 
Whether the origin of the noise is created by man or is natural;
D. 
The volume or intensity of the ambient or background noise;
E. 
The proximity of the noise to sleeping facilities;
F. 
The nature of the area and the zoning district where the noise emanates from and into;
G. 
The time of the day or night the noise occurs; noise that occurs between 9:00 p.m. and 7:00 a.m. would be considered more excessive than noise that occurs during normal working hours;
H. 
The duration of the noise;
I. 
Whether the noise is continuous;
PROPERTY LINE
In addition to the boundaries of real property established by deeds, this also includes those boundaries created by rental or lease agreements.
Excessive noise is prohibited within the Village of Victor and shall be a violation of this chapter. For the purpose of this chapter, the Code Enforcement Officer or any law enforcement officer having jurisdiction within the Village to enforce this chapter, including the Ontario County Sheriff's Department, shall be considered a reasonable person of reasonable sensitivities.
Any noise which falls within the excessive noise definition herein shall be excessive noise and thus a violation of this chapter. Given the aforementioned, excessive noise includes, but is not limited to, the following:
A. 
The following shall constitute excessive noise at all times:
(1) 
The operation of equipment, including motor vehicles, generators, engines, compressors, and HVAC units, that are in such disrepair as to create noise beyond the design specifications for the equipment, such that the sound is audible beyond the property line of the premises upon which the sound is created. Disrepair includes the reduction in effectiveness of or elimination of any required muffling devices.
(2) 
Barking of a dog which violates Chapter 69 of the Victor Village Code.
(3) 
Noise in a park within the Village of Victor that is maintained by the Town of Victor which violates chapter 148 of the Town of Victor Code.
(4) 
Any noise which is intentionally caused to annoy, disturb, harass, or injure any other person or business.
B. 
The following shall constitute excessive noise from the hours of 9:00 p.m. until 7:00 a.m.:
(1) 
The playing of any radio, television, musical instrument, or other machine or device for producing, reproducing, or amplification of sound, such that, the sound is disturbing beyond the property line of the premises upon which it is being used.
(2) 
The deliberate creation or allowance of sounds that disturb the ambient quiet beyond the property line of the premises upon which the sound is created.
The following shall not constitute excessive noise. Rather, the following is permitted by this chapter:
A. 
Audible alarm and alerting devices designed to identify, alert the owner to and/or deter crime and emergencies, given that said alarm or device is working properly.
B. 
Lawfully permitted fireworks displays.
C. 
Ringing of bells or chimes in conjunction with normal church or religious activities.
D. 
Sounds created by emergency vehicles, equipment and operations while lawfully operating.
E. 
Sounds created by the normal operation of a railroad.
F. 
Sounds created by the normal operation of a properly functioning heating or cooling unit.
G. 
Reasonable production of sound or noise in connection with any reasonable military, civic or authorized parade, funeral procession, religious ceremony, or wedding conducted at a reasonable time and with reasonable frequency.
H. 
Reasonable use of properly maintained and operated lawnmowers, hedge trimmers, leaf blowers, snowblowers, recreational vehicles and other domestic power tools and devices utilized for the care and maintenance of one's property between the hours of 7:00 a.m. and 9:00 p.m.
I. 
A festival or special event gathering permitted by Chapter 77 of the Victor Village Code as long as said event gathering is operating within the permit granted by the Village.
J. 
Snow removal by a governmental agency, private contractor, owner or owner's agent.
K. 
Victor Central School activities held on school grounds, including, but not limited to, athletic activities, music activities, and parades.
A. 
Enforcement. It shall be the duty of the Code Enforcement Officer, the Ontario County Sheriff's Department, and any other law enforcement officer with the requisite jurisdiction to enforce this chapter.
B. 
Violation. Any person, firm or corporation who or which fails to comply with or violates any of the provisions of this chapter shall be guilty of a violation and subject to the penalties of that violation or violations. Separate violations may be deemed committed during the same day if additional violations continue or occur after one is cited with a violation that same day.
C. 
Penalties. For each violation, any person, firm, company or corporation who or which neglects or refuses to do any act required by this chapter shall be punishable as follows:
(1) 
For the first violation, a fine of up to $250 or imprisonment for up to 15 days, or both.
(2) 
For a second violation committed within three months from the commission of any prior offense, a fine of up to $500 or imprisonment for up to 15 days, or both.
D. 
Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity proceedings to prevent any violation of this chapter, to recover damages, to restrain and correct or abate a violation. These remedies shall be in addition to the penalties described above. Consequently, the Village may institute any appropriate action or proceeding to prevent and to restrain, correct or abate such violation or to prevent any illegal act, conduct, business or use in and about such premises.