For the purpose of this chapter, the terms used
herein are defined as follows:
OPERATION
Includes operation and use as well as allowing, permitting
or tolerating the operation by an employee and allowing, permitting
or tolerating the operation on premises owned or leased by a person
or by a child, minor, servant, employee, agent or guest of such person
or of someone residing at such premises.
PERSON
Includes any individual, firm, association or corporation,
whether such person be the owner or lessee, its servants, agents or
employees.
SOUND DEVICE OR APPARATUS
Any radio device or apparatus or any device or apparatus
for the amplification of sounds from any radio, phonograph, television
or other sound-making or sound-producing device or any device or apparatus
for the reproduction or amplification of the human voice or other
sound.
TO USE OR OPERATE ANY SOUND DEVICE OR APPARATUS IN, ON, NEAR
OR ADJACENT TO ANY PUBLIC STREET, PARK OR PLACE
To use or operate or cause to be used or operated any sound
device or apparatus in front of or outside of any building, place
or premises or in or through any window, doorway or opening of such
building, place or premises abutting on or adjacent to any public
streets, park or place; or in or upon any vehicle operated, standing
or being in or upon 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 or other
device used for flying over the village; or in any boat or on the
waters within the jurisdiction of the village or anywhere on or in
the public streets, parks or places.
UNNECESSARY
That which is not required by the usual circumstances.
USUAL
The normal noise range for a particular type of vehicle or
mechanism.
[Amended 8-6-2015 by L.L.
No. 2-2015]
Each and every violation of, or failure to comply with, any
provision of this chapter shall constitute a violation, punishable
as follows: for a conviction of a first offense, by a fine not more
than $250, or imprisonment for a period not to exceed 15 days, or
both such fine and imprisonment; for a conviction of a second offense,
both of which were committed within a period of five years, by a fine
not less than $250, nor more than $500, or imprisonment for a period
not to exceed 15 days, or both such fine and imprisonment; and for
a conviction of a third or subsequent offense, all of which were committed
within a period of five years, by a fine not less than $500, no more
than $1,000, or imprisonment for a period not to exceed 15 days, or
both such fine and imprisonment. Each day that a violation occurs
or continues shall be deemed a separate and distinct violation hereunder.