Dogs and other animals — See Ch. 50.
Loitering — See Ch. 71.
Peddling and soliciting — See Ch. 77.
Motor-driven vehicles — See Ch. 100.
§ 75-1Declaration of policy; legislative intent.
§ 75-3Prohibited noises.
§ 75-5Penalties for offenses.
The making and creating of disturbing, excessive or offensive noises within the jurisdictional limits of the Village of Churchville is a condition which has persisted, and the level and frequency of occurrences of such noises continues to increase. It is hereby declared to be the policy of the Board of Trustees of the Village of Churchville to prevent any unreasonable, loud, disturbing and unnecessary noise. These noise levels are a detriment to the public health, comfort, convenience, safety and welfare of the residents of the Village of Churchville. Every resident is entitled to an environment in which disturbing, excessive or offensive noise is not detrimental to his or her life, health or enjoyment of his or her property. The law 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.
For the purpose of this chapter, the terms used herein are defined as follows:
- Any individual, firm, association or corporation, whether such person is the owner, lessee or charter member, its occupant or user, their servants, agents or employees and/or their guests.
- SOUND DEVICE OR APPARATUS
- Any radio device or apparatus or any device or apparatus for the amplification of sounds from any radio, phonograph or other sound-making or sound-producing device, or any device or apparatus for the reproduction or amplification of the human voice or other sounds.
- 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 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 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, 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.
- That which is not required by usual circumstances.
- The normal noise range for a particular type of vehicle or mechanism.
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 the purpose of this chapter, "unreasonable noise" is any disturbing, excessive or offensive sound that disturbs a reasonable person of normal sensitivities.
The following acts, among others, by any person are declared to be prima facie evidence of a violation of this chapter. This enumeration shall not be deemed exclusive.
Any unnecessary noise from any sources which are of such character, intensity and duration as to be detrimental to the life or health of any individual or contrary to public welfare, especially between the hours of 9:00 p.m. and 7:00 a.m. the following day.
The use of any automobile, motorcycle or any such vehicle used for recreational purposes or any other purposes so out of repair or so loaded or operated in such a manner as to create loud and unnecessary noise; the making of improper noise or disturbance or operating an automobile, motorcycle or any such vehicle used for recreational purposes or any other purposes in such a manner as to cause excessive squealing or other excessive noise of the tires.
The sounding of any horn or signaling device of an automobile, motorcycle or other vehicle for any unnecessary or unreasonable period of time.
The erection, alteration or repair of any building, including excavation and demolition, other than between 7:00 a.m. and 8:00 p.m. except in matters involving public safety or emergencies.
The operation of power equipment (except the operation of snow removal equipment or emergency power equipment) in residential zones between the hours of 9:00 p.m. and 7:00 a.m. the following day and on weekends between 9:00 p.m. and 8:00 a.m. the following day.
Noise from a burglar alarm, or other alarm system of any building, motor vehicle or boat that is continuous and exceeds 15 minutes.
Noise from any sound-reproduction system, operating or playing any radio, portable radio, tape player, television, tape deck or similar device that reproduces or amplifies sound in such a manner as to be heard 40 feet from its source or over any property line.
Noise from a dog or other pet/animal that is continuously disturbing the comfort and repose of any person in the vicinity and exceeds 15 minutes.
Offering for sale anything by shouting or outcrying upon the public streets and sidewalks. The use and operation of sound devices and apparatus for commercial or business advertising purposes are prohibited. It shall be unlawful for any person to use or operate or cause to be used or operated any sound device or apparatus in, on, near or adjacent to any public street, park or place for commercial or business advertising purposes.
The provisions of this chapter shall not apply to the following acts:
The emission of sound for the purpose of alerting persons to the existence of an emergency.
Noise from Village-sponsored celebrations or events.
Noise from non-Village-sponsored events that have been authorized by the Board of Trustees of the Village of Churchville.
The operation or use of any organ, radio, bell chimes or other instrument, apparatus or device by a church, synagogue or school licensed or chartered by the State of New York.
Noise generated by the installation and maintenance of utilities.
Noise generated by any use from commercial or industrial zoned property that existed prior to the adoption of this chapter shall. However, if said use is terminated, abandoned or discontinued for a continuous period of six months, then said use shall be subject to the provisions of this chapter.
Noise from emergency construction for which a permit has been issued by the Village Code Enforcement Officer.
Normal or emergency Village equipment operated by the Village or equipment operated by its contractual vendees.
Any person who violates any provision of this chapter shall be guilty of a violation and shall be subject to community service and/or a fine of not less than $50 and not to exceed $250 for each offense. The Village may also seek injunctive relief to prevent the continued violation of the chapter.
If any word, phrase, or part of this chapter shall be declared unconstitutional, the same shall be severed and separated from the remainder of this chapter, and said remainder shall continue in full force and effect.