[HISTORY: Adopted by the Board of Trustees of the Village of Springville:
Art. I, 11-19-1979 as Ch. 114 of the 1979 Code. Amendments
noted where applicable.]
[Adopted 11-19-1979 as Ch. 114 of the 1979 Code]
No person or persons may use or operate any sound device or apparatus
without first obtaining a permit to use and operate the same, and such person
or persons shall be required to pay a nominal fee for the issuance of such
permit, and such fee is intended to defray the expenses of regulating such
use or operation for the health, welfare and safety of all the people.
As used in this Article, the following terms shall have the meanings
indicated:
Any radio device or apparatus, or any device or apparatus for the
amplification of any sound from any radio, phonograph or other sound-making
or sound-producing device, or any device for the reproduction or amplification
of the human voice or other sounds.
To use or operate or cause to be used or operated any sound device
or apparatus in front or outside of any building, place or premises or in
or through any window, doorway or opening of such building, place or premises
or in or upon any vehicle operated, standing or being in or on any public
street, park or place, where the sounds therefrom may be heard upon any public
street, park or place or from any stand, platform or other structure or from
any airplane flying over the village.
It shall be unlawful for any person to use or operate any sound device
or apparatus as above set forth unless he shall comply with the provisions
of this Article.
Each applicant for a permit to use or operate a sound device or apparatus
in, on, near or adjacent to any public street, park or place shall file a
written application with the Board of Trustees at least five days prior to
the date upon which such sound device or apparatus is to be used or operated,
stating the area in which such sound device or apparatus is to be used or
operated. Such application shall describe the specific location in which such
sound device or apparatus is proposed to be used or operated, the day and
the hour or hours during which it is proposed to be used or operated, the
volume of sound which is proposed to be used, measured by decibels or by any
other efficient method of measuring sound and such other pertinent information
as the Board of Trustees may deem necessary to enable it to carry out the
provisions of this Article.
The Board of Trustees shall not deny a permit for any specific time, location or use to any applicant who complies with the provisions of this Article, except for one or more of the reasons specified in § 115-6 hereof or for nonpayment of the fee prescribed in § 115-7 hereof or to prevent overlapping in the granting of permits. Each permit issued pursuant to this Article shall describe the specific location in which such sound device or apparatus may be used or operated in such location, the maximum volume of sound which may be employed in such use or operation and such other terms and conditions as may be necessary for the purpose of securing the health, safety, comfort, convenience and peaceful enjoyment by the people of their rights to use the public streets, parks or places for street, park or other public purposes, protecting the health, welfare and safety of the inhabitants of the village and securing the peace, quiet and comfort of the neighboring inhabitants.
The Board of Trustees shall not issue any permit for the use of a sound
device or apparatus:
A.
In any location within 500 feet of a school, courthouse
or church, during the hours of school, court or worship, respectively, or
within 500 feet of any hospital or similar institution.
B.
In any location where the Board of Trustees, upon investigation,
shall determine that the conditions of vehicular or pedestrian traffic, or
both, are such that the use of such a device or apparatus will constitute
a threat to the safety of pedestrians or vehicle operators.
C.
In any location where the Board of Trustees, upon investigation,
shall determine that conditions of overcrowding or of street repair or other
physical conditions are such that the use of a sound device or apparatus will
deprive the public of the right to the safe, comfortable, convenient and peaceful
enjoyment of any public street, park or place for street, park or other public
purposes or will constitute a threat to the safety of pedestrians or vehicle
operators.
D.
In or on any vehicle or other device while it is in transit.
E.
Between the hours of 10:00 p.m. and 9:00 a.m.
[Amended 11-5-1979 by L.L. No. 14-1979[1] ]
Each applicant for a permit issued under the provisions of this Article
shall pay a fee as set forth from time to time by resolution of the Board
of Trustees,[2] for the use of each such sound device or apparatus for each day;
provided, however, that permits for the use of such sound devices or apparatus
shall be issued to any bureau, commission, board or department of the United
States government or the State of New York without fee. The Board of Trustees,
in its discretion, may dispense with the payment of the fee.
The provisions of this Article shall not apply to the use or operation
of any sound device or apparatus by any church or synagogue on or within its
own premises in connection with the religious rites or ceremonies of such
church or synagogue.
[Amended 11-5-1979 by L.L. No. 13-1979]
The Board of Trustees shall have the power, from time to time, to make
such rules and regulations as may be necessary to carry out the provisions
of this Article.
