[HISTORY: Adopted by the Board of Trustees of the Village of Scotia 2-14-2001
by L.L. No. 2-2001.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 90.
Amusements and entertainment — See Ch. 99.
Mass gatherings — See Ch. 169.
Transient merchants — See Ch. 232.
[1]
Editor's Note: This local law was adopted as Ch. 47, but was
renumbered to fit into the organizational structure of the Code.
The Board of Trustees finds that the making and creating of disturbing,
excessive or offensive noise within the jurisdictional limits of the Village
of Scotia is detrimental to the public health, comfort, safety and welfare
of the citizens. By the enactment of this chapter the Board intends to promote
the health, comfort, safety and welfare of the people of the Village of Scotia
in the exercise of its police powers. It is the intention of the Board that
this chapter be liberally construed so as to effectuate the purposes described
in this section.
A.
No person, with 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 purposes of this law,
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.
(2)
Noise from a dog or other animal harbored that is continuous
and exceeds 15 minutes.
(3)
Noise from a burglar alarm or other alarm system of any
building, motor vehicle, or boat, which is continuous and exceeds 15 minutes.
(4)
Noise from any sound production or reproduction system,
or from the operating or the playing of a musical instrument, amplifier, radio,
portable radio, television, tape deck, CD player or other similar device,
whether moving or stationary, that produces, reproduces or amplifies sound
in such a manner as to be heard 50 feet from its source or over any property
line in such a manner as to create unreasonable noise.
(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 the case of a public safety emergency.
(6)
The operation of power equipment outdoors such as lawn
mowers, leafblowers, chainsaws, trimmers and other similar equipment, but
not including snowblowers, between the hours of 10:00 p.m. and 7:00 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)
Shouting, yelling, singing, calling, hooting or whistling
so as to disturb the quiet, comfort and repose of a reasonable person of normal
sensitivities.
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 events or celebrations.
C.
Noise from individually sponsored events where a permit
for public assembly has been obtained from the Village of Scotia.
D.
The operation or use of any organ, radio, bell chimes
or other instrument or device by any church, religious organization or school,
provided that such operation or use does not occur between the hours of 10:00
p.m. and 8:00 a.m. unless made in connection with religious services or ceremonies.
E.
Noise generated by the installation and maintenance of
utilities.
Any person who violates any provision of this chapter shall, upon conviction
thereof, be guilty of a violation and shall be subject to a fine not to exceed
$250 or imprisonment for a term not to exceed 15 days, or both.
If any word, phrase or part of this chapter shall be declared unconstitutional,
the same shall be severed and the remainder of this chapter shall continue
in full force and effect.
