[HISTORY: Adopted by the Board of Trustees of the Village of Massena 9-4-2001
by L.L. No. 2-2001. Amendments noted where applicable.]
The making and creating of disturbing, excessive, or offensive noises
within the jurisdictional limits of the Village of Massena is a condition
that has persisted, and the level and frequency of occurrences of such noises
continues 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. The
chapter is to be construed liberally, but it is not intended to be construed
to discourage the enjoyment by residents of normal, reasonable and usual activities.
A.
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 chapter,
unreasonable noise is any disturbing, excessive, or offensive sound that disturbs
a reasonable person of normal sensitivities.
B.
The following acts are declared to be prima facie evidence
of a violation of this chapter. This enumeration shall not be deemed exclusive.
(1)
Any unnecessary noise from any source between the hours
of 11:00 p.m. and 7:00 a.m. the following day.
(2)
Noise from a dog or other pet animal that is continuous
and exceeds 15 minutes.
(3)
Noise from a burglar alarm or other alarm system of any
building, motor vehicle, or boat that is continuous and exceeds 15 minutes.
(4)
Noise from any sound reproduction system, operating or
playing any radio, portable radio or tape player, television, tape deck 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.
(5)
The erection, including excavation, demolition, alteration
or repair of any building other than between 7:00 a.m. and 9:00 p.m., except
in case of a public safety and emergency.
(6)
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.
(7)
The sounding of any horn or signaling device of an automobile,
motorcycle or other vehicle for any unnecessary or unreasonable period of
time.
(8)
The making of improper noise or disturbance or operating
an automobile or motorcycle in such a manner as to cause excessive squealing
or other excessive noise of the tires.
(9)
Offering for sale anything by shouting or outcrying upon
the public streets and sidewalks.
The provisions of this chapter shall not apply to the following acts:
A.
The emission of sound for the purpose of alerting persons
to the existence of an emergency.
B.
Noise from municipally sponsored celebrations or events.
C.
Noise from individually sponsored events where a permit
for public assembly or other relevant permission has been obtained from the
Mayor.
D.
The operation or use of any organ, radio, bell, chimes
or other instrument, apparatus, or device by any church, synagogue, or 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.
E.
Noise generated by the installation and maintenance of
utilities.
A violation of any of the provisions contained in this chapter shall
constitute an offense punishable by a fine of not less than $25 nor more than
$50 or by imprisonment for not more than three days for each violation, except
that:
A.
When the person was found to have violated any of the
provisions of this chapter within the preceding five years, the fine may be
of not less than $50 nor more than $100 or by imprisonment for not more than
seven days for each violation; and
B.
When the person was found to have committed two or more
such violations within the preceding five years, the fine may be of not less
than $100 nor more than $250 or by imprisonment for not more than 15 days
for each violation. These penalties shall be in addition to any other penalty
provided by law. The Village may also seek injunctive relief to prevent the
continued violation of this chapter.
