[HISTORY: Adopted by the Board of Trustees of the Village
of Alexandria Bay 6-20-1978 as L.L. No. 3-1978. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
- PERSON
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise between
the hours of 8:00 p.m. and 6:00 a.m. which either annoys, injures
or endangers the comfort, repose, health or safety of others or to
make, continue or cause to be made or continued, between the hours
of 8:00 p.m. and 6:00 a.m., whether in the operation of any machine
or the exercise of any trade or calling or otherwise, any noise which
either annoys, injures or endangers the comfort, repose, health or
safety of others, unless the making and continuing of the same is
necessary for the protection or preservation of property or of the
health, safety, life or limb of some person.
A person who produces a loud, unnecessary or unusual noise level
of 88 decibels or more on the A scale shall be deemed to make or create
a loud, unnecessary or unusual noise.
A.
Sound pressure levels in decibels shall be measured on an A scale
of a standard sound-level meter having the characteristics defined
by the American Standards Association Specification S1.4-1961, General
Purpose Sound-Level Meter.
B.
The microphone should be placed at a distance of 10, plus or minus
two, feet from the building, dwelling or person creating or producing
loud, unnecessary or unusual noise.
It shall be unlawful for any person, without a written permit
from the Mayor, to use, play or perform upon any bugle, hand organ
or barrel organ, barrel accordion, barrel piano, hurdy-gurdy or other
musical or wind instrument upon any street or any public place in
the village. The fee for such permit shall be $25 per day. It shall
be unlawful for any person using or performing upon such musical instrument
to solicit, ask or request any money for such use or performance in
any way, shape or manner, directly or indirectly. No person shall
use or perform upon such instruments in any streets or public place
before the hour of 9:00 a.m. or after the hour of 6:00 p.m. or during
any part of the first day of the week, commonly called "Sunday," or
within a distance of 500 feet of any school, house or public worship
during school hours or hours of public worship, respectively, or within
a distance of 500 feet of any courthouse, public house, hospital,
asylum or other public institution or within a distance of 250 feet
of any tenement or apartment house or dwelling when directed or requested
by any occupant thereof to refrain or discontinue using or performing
upon such instrument.
Any violation of the provisions of this chapter shall, upon
finding of guilt, subject the offender to a fine in an amount not
to exceed $250 and/or imprisonment for a period not to exceed 15 days,
or both such fine and imprisonment. Each day of continued violation
shall constitute a separate offense.
