[HISTORY: Adopted by the Board of Trustees
of the Village of Springville 11-19-1979 as Ch. 100 of the 1979 Code. Amendments noted where applicable.]
No person or persons shall:
A.
Stand, sit, lounge upon, be or remain in or upon any
public street, sidewalk, bridge, parking lot, walkway or thoroughfare
in any manner which may obstruct or interfere with the free and uninterrupted
passage of any person lawfully using the same.
B.
Stand, sit, lounge upon, be or remain at or upon any
sidewalk, driveway, entranceway, doorway, platform or stoop, attached
or adjacent to any building or dwelling, without the express permission
of the owner or occupant of such building or dwelling, unless engaged
in the conduct of legitimate business thereat.
C.
Stand, sit, lounge, be or remain at or in any sidewalk
or entranceway, passageway, hallway or vestibule to or in any church,
hall, theater, school or public building or place in any manner which
may disturb, obstruct or interfere with any person lawfully present
thereat or lawfully entering or leaving the same.
No person shall use or engage in language, gestures
or conduct which is offensive, threatening, abusive, insulting, vulgar
or profane on or in any public street, public gathering, school, church,
theater, hall or public building or place.
[Amended 11-18-2002 by L.L. No. 4-2002]
A.
Intent of section. The making and creating of disturbing,
excessive or offensive noises within the jurisdictional limits of
the Village of Springville is a condition which has persisted, and
the level and frequency of occurrences of such noises continue to
increase. These noise levels are a detriment to the public health,
comfort, convenience, safety and welfare of the citizens. Every person
is entitled to an environment in which disturbing, excessive or offensive
noise is not detrimental to his or her life, health, or enjoyment
of property. This section is to be construed liberally, but it is
not intended to be construed so as to discourage the enjoyment by
residents of normal, reasonable and usual activities.
B.
Prohibited acts.
(1)
No person, with the intent to cause public inconvenience,
annoyance or alarm, or recklessly creating a risk thereof, shall cause,
suffer, allow or permit to be made unreasonable noise. For purposes
of this section, unreasonable noise is any unusual, excessive or offensive
sound that would disturb a reasonable person of normal sensitivities
under the same circumstances.
(2)
Among the factors to be considered in making a judgment
as to whether a particular sound constitutes unreasonable noise are
the following:
(a)
The volume of the sound;
(b)
The frequency of the sound;
(c)
The periodicity of the sound;
(d)
Whether the sound is unusual and incongruous
with the surrounding environment;
(e)
The volume and frequency of any ambient sound;
(f)
The use, nature and character of the immediate
area where the sound source exists;
(g)
The time of day or night when the sound occurs;
(h)
The duration of the sound;
(3)
The following acts are declared to be prima facie
evidence of a violation of this section. This enumeration shall not
be deemed exclusive.
(a)
Any unnecessary noise from any source between
the hours of 11:00 p.m. and 7:00 a.m. the following day.
(b)
Noise from a dog or other pet animal which is
continuous and exceeds 15 minutes.
(c)
Noise from a burglar alarm or other alarm system
of any building, motor vehicle, or boat which is continuous and exceeds
15 minutes.
(d)
Noise from any sound reproduction system, operating
or playing any radio, portable radio or tape player, television, CD
player or similar device that reproduces or amplifies sound in such
a manner as to be heard 60 feet from its source or over any property
line.
(e)
The erection, including excavation, demolition,
alteration or repair of any building other than between 7:00 a.m.
and 9:00 p.m., except when the public safety requires emergency action
as reasonably determined by the Code Enforcement Officer.
(f)
The operation of power equipment in residential
zones outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following
day, and on weekends between 10:00 p.m. and 8:00 a.m.
(g)
The operation, repair, rebuilding, modifying
or testing of any motor vehicle, all-terrain vehicle, snowmobile,
motorcycle, motorboat, go-cart, minibike or other vehicle on any property
adjacent to property being used for residential purposes so as to
disturb the quiet, comfort or repose of a reasonable person of normal
sensitivities.
(h)
The sounding of any horn or signaling device
of an automobile, motorcycle or other vehicle for any unnecessary
reason or unreasonable period of time.
(i)
The making of improper noise or disturbance
by operating any motor vehicle, automobile, all-terrain vehicle, snowmobile,
motorcycle or other vehicle or machine in such a manner as to cause
excessive, unusual, loud, intrusive or unnecessary squealing, motor
noise or other excessive, unusual, loud, intrusive or unnecessary
noise.
(j)
Offering for sale anything by shouting or outcrying
upon the public streets and sidewalks or the use of any instrument
or device for the purpose of attracting attention to any sale or display
of merchandise by the creation of noise.
C.
Exceptions. The provisions of this section shall not
apply to the following acts:
(1)
The emission of sound for the purpose of alerting
persons to the existence of an emergency;
(2)
Noise from municipally sponsored celebrations or events;
(3)
Noise from individually sponsored events where a permit
for public assembly or other relevant permission has been obtained
from the Village;
(4)
The operation or use of any organ, bell, chimes, or
other such instrument, apparatus, or device at any church, synagogue,
or other place of religious worship, or at a school licensed or chartered
by the State of New York, provided such operation or use does not
occur between the hours of 10:00 p.m. and 8:00 a.m.;
(5)
Necessary noise generated by the installation and
maintenance of public utilities.
(6)
Noise created by lawnmowers, snow blowers or other
real property maintenance equipment when used for its intended purpose;
(7)
Noise generated at a sporting event of any organized
league or public or private school or generated at a carnival, festival,
fair, exhibition or parade authorized or sponsored by the Village
of Springville or other governmental entity having jurisdiction thereof.
D.
Penalties for offenses.
(1)
Any person who violates any provision of this section
or harbors or owns any animal which creates a violation of this section
shall be guilty of a violation and shall be subject to a fine not
to exceed $250 for each offense. Each day that a violation occurs
shall be deemed a separate offense punishable as such. The Village
of Springville may also seek injunctive relief to prevent the continued
violation of this section.
(2)
The owner of any real property and any person in control
thereof when anything in violation of this section occur shall be
guilty of a separate violation and, upon conviction thereof, shall
be fined as herein provided.
(3)
The word "person" in this section shall include an
individual, partnership, unincorporated association and corporation.
E.
Severability. If any word, phrase, or part of this
section shall be declared unconstitutional, the same shall be severed
and separated from the remainder of this section, and said remainder
shall continue in full force and effect.
No person shall intrude or enter upon the property
of another without the permission of the owner or lawful occupant
thereof, unless able to explain his presence thereon or therein, as
the case may be, to the satisfaction of such owner or lawful occupant.
A.
All Village-owned
park and recreation facilities, namely Fiddlers Green Park at Franklin
and North Buffalo Streets, Eaton Park (the tennis courts and spray
park on North Central Avenue and Franklin Street), Shuttleworth Park
off South Buffalo Street between the public parking lot and Spring
Brook, Heritage Park at 65 Franklin and the 1.8 mile Pop Warner Rail
Trail (which is the B&P Rail Corridor within the Village limits)
shall be closed to the public at times to be posted at each location,
as determined by resolution of the Village Board.
B.
The period
that such facilities are closed to the public may be modified by resolution
of the Board of Trustees in individual cases for public or private
events permitted by the Board.
C.
It shall
be unlawful for any person to be in a Village park or recreation facility
at any time during the period that such facility is closed to the
public. Motor vehicles, snowmobiles on the Pop Warner Rail Trail excepted,
shall at all times be prohibited from these locations.
[Amended 7-15-2019 by L.L. No. 9-2019]
D.
This section, § 125-5, shall not apply to the Village's contractors, officers or employees while engaged in the performance of their Village duties.
E.
Rules and
regulations for each individual park or recreational facility may
be established by resolution of the Village Board.
F.
A notice
of the prohibition and rules and regulations authorized or contained
in this section shall be conspicuously posted at each Village park
and recreation facility.
