[HISTORY: Adopted by the Common Council of the City of Hornell as
Art. III of Ch. 16 of the 1970 Municipal Code. Section 198-17 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments
noted where applicable.]
The creation of any unreasonably loud, disturbing or unnecessary noise
in the city is prohibited. Noise of such character, intensity or duration
as to endanger public comfort, peace or repose or to be detrimental to the
life or health of any individual is declared to be a nuisance and is prohibited.
A violation of this chapter is hereby declared to be a nuisance within the
meaning of this section, but such enumeration shall not be deemed to be exclusive.
No person shall create a disturbance or engage in improper conduct or
abusive acts or language in any church, theater, public hall or other public
place.
No person shall keep any animal or bird which, by causing frequent or
long-continued noise, shall disturb the comfort or repose of any person in
the vicinity.
No person shall operate or play any radio, phonograph or any musical
instrument in such manner or with such volume at any time, particularly during
the hours between 11:00 p.m. and 7:00 a.m., so as to annoy the quiet, comfort
or repose of persons in any dwelling, hotel or other type of residence.
No person shall blow or cause to be blown any steam whistle, except
to give notice of the time to begin or stop work or as a warning of danger.
The blowing or operating of a whistle operated by steam or other artificial
means for more than 15 seconds at one time during a period of 30 minutes in
any one day is prohibited.
No person shall use an automobile, motorcycle, bus or vehicle so out
of repair or so loaded or in any manner as to create loud or unnecessary grating,
grinding, rattling or other noise, such as unnecessary blowing of horns, squealing
of tires, racing of motors or racing of motorcycles.
No person shall sound any horn or signal device on any automobile, motorcycle,
bus, streetcar or other vehicle while not in motion, except as a danger signal
if another vehicle is approaching apparently out of control, or, if in motion,
only as a danger signal; nor create by means of any such signal device any
unnecessary or unreasonably loud, harsh or prolonged sound; nor sound such
device for an unnecessary and unreasonable period of time; except that this
section shall not apply to the vehicles of the Departments of Fire and Police
and such emergency vehicles of municipal departments or public service corporations
and ambulances as are authorized or marked as approved by the Commissioners
of Public Safety.
No person shall discharge or cause to be discharged into the open air
the exhaust of any steam engine, stationary internal-combustion engine, motor
vehicle or motorboat engine except through a muffler or other device which
will effectively prevent loud or explosive noises therefrom.
A.
No person shall create or cause to be created a loud
and excessive noise in connection with loading or unloading any vehicle or
the opening and destruction of bales, boxes, crates and containers.
B.
The creation of loud and excessive noise in connection
with the handling of ash, trash and garbage cans, either in loading or unloading
and whether full or empty, is prohibited.
No person shall use or cause to be used any mechanical device operated
by compressed air unless the noise created thereby is effectively muffled
and reduced.
A.
No person shall create or cause to be created any excessive
noise on any street adjacent to any school, institution of learning or court
while the same is in session or adjacent to any hospital which unreasonably
interferes with the workings of such institution, provided that conspicuous
signs are displayed in such streets indicating that the same is a school,
hospital or court street.
B.
The making by oneself or by the operation of any instrument,
agency or vehicle of any unnecessary or unseemly noise within 150 feet of
any portion of the grounds and premises on which is located a hospital or
other institution reserved for the sick is prohibited. The Commissioners of
Public Safety shall place as many signs as they may deem proper within or
near the zones hereby created calling attention to the prohibition against
unnecessary noises within such zones.
No person shall create or cause to be created loud or excessive noise
in connection with the erection, including excavation, demolition, alteration
or repair of any building.
The unreasonable and unnecessary sounding and crying of peddlers, hawkers
and vendors which disturbs the quiet and peace of the neighborhood is prohibited.
No person shall sound or cause to be sounded any bell, except church
bells, or gong attached to any building or premises which disturbs the quiet
or repose in the vicinity thereof.
A.
No person shall use any drum, loudspeaker or other instrument
or device for the purpose of attracting attention by the creation of loud
and raucous noise to any performance, show or sale or display of merchandise.
B.
The making, causing, permitting or allowing to be made
of any loud and raucous noise by means of any rattle, clapper, hammer, drum,
horn or any musical instrument or mechanism for creating or reproducing sound
in a street or near enough to a street so that any such noise will be heard
in a street for the purpose of advertising any goods, wares or merchandise
or of attracting the attention or inviting the patronage of any person to
any occupation or business whatsoever is prohibited.
C.
It shall be unlawful for any person, either as a principal,
agent or employee, to play, use or operate for advertising purposes or for
any other purpose whatsoever on and upon the public streets, alleys, thoroughfares
or public places in the city any device known as a "sound truck," "loudspeaker"
or "sound amplifier," or any other instrument known as a "calliope" or any
instrument of any kind or character which emits therefrom loud and raucous
noise and is attached to and upon any vehicle, except police trucks or vehicles,
operated or standing upon said public street, alleys, thoroughfares or public
places.
A.
No person shall erect, install or use any sound-producing
instrument, broadcaster, radio, amplifier or conveyor of sound on or over
the streets or public places within the city for the purpose of advertising
through loud and raucous noise any goods, wares or merchandise or any meeting,
entertainment or event or for the purpose of attracting the attention or inviting
the patronage of any person to any business whatsoever or to any meeting,
entertainment or event or for any other purpose.
B.
The provisions of this section shall not be construed
to prevent any funeral procession or religious ceremony; nor shall the terms
of this section be construed to prevent the production of music in connection
with any parade authorized under any provision of law; nor shall this section
prevent any musical performance upon any public street or place where a permit
has been obtained from the Commissioners of Public Safety for such purpose;
nor shall this section prevent the use of amplifiers or other sound-producing
instruments in connection with any athletic competition or recreational event
held on athletic fields, stadiums or public parks; nor shall such provisions
apply to police or fire apparatus while used in the performance of public
duty.
