[HISTORY: Adopted by the Board of Trustees of the Village of Canastota 10-5-1998
by L.L. No. 8-1998. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Village
of Canastota Noise Ordinance."
The purpose of this chapter is to preserve the public health, peace,
welfare and good order by suppressing the making, creation or maintenance
of excessive, unnecessary, unnatural or unusually loud noises which are prolonged,
unusual and unnatural in their time, place and use and which are detrimental
to the environment.
It shall be unlawful for any person to make, continue or cause to be
made or continued any loud, unnecessary or unusual noise or any noise which
endangers the health, safety or welfare of the community or which annoys,
disturbs, injures or endangers the comfort, rest, health, peace or safety
of others within the Village of Canastota.
The following acts, among others, are declared loud, unnecessary and disturbing and a danger to the health, safety and welfare of the community and its people in violation of § 135-3 but enumeration shall not be deemed to be exclusive:
A.
Using, operating or permitting to be played, used or
operated any radio, television, hi-fi, stereo, phonograph, CD player or other
machine or device for producing or the production of sound in any manner as
to disturb the peace, quiet and comfort of any persons in the vicinity.
B.
The operation of any of the devices set forth in Subsection A between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 25 feet from the building, structure, device or vehicle in which it is located shall be prima facie evidence of a violation of this section. A person who causes this production of sound through the operation of the machines or devices enumerated within Subsection A may be deemed a violator of this chapter.
C.
Yelling, shouting, hooting, whistling or singing or the
making of loud disturbing noises by the use of clappers, bells, horns, musical
instruments or similar devices at any time or place so as to unreasonably
annoy or disturb the quiet, comfort or rest of any person in any residence,
hospital, school, place of business, street or public place.
D.
The keeping of any animal which, by causing frequent
or long continued noise shall disturb the comfort or repose of any person
in the vicinity.
E.
The use of any automobile, motorcycle, truck or vehicle
operated in such a manner as to create loud and unnecessary grating, grinding,
rattling or other noise.
F.
The operation or use of any power lawn mower, chain saw,
fence post driller or other similar devices between the hours of 10:00 p.m.
and 7:00 a.m.
G.
The operation of construction equipment between the hours
of 8:00 p.m. and 7:00 a.m. on any day or any time on Sunday. Such equipment
includes, but is not limited to, pile drivers, pneumatic hammers, derricks,
dredges, tractors, earth moving equipment and other similar construction equipment.
A.
Where the source of the prohibited noise is a portable
noise producing or noise producing device, and where such device is present
in or being transported through a public street, highway area or access area,
or is present on any private property, the person or persons in possession
of the device shall be presumed to have permitted the noise violation of this
section in the absence of evidence to the contrary.
B.
Where the source of the prohibited noise is located in
a building or other structure, the owner, occupant, resident, manager or other
person in possession of the premises shall, if present, be presumed to have
permitted the noise in violation of this section in the absence of evidence
to the contrary.
Nothing in this chapter shall be construed to prevent the following:
A.
The production of music in connection with any military
or civic parade, funeral procession or religious service or school activities
or functions.
B.
Use of organ, bell, chimes or any other similar device
by any church, synagogue or school on or within its own premises in connection
with religious rights or ceremonies of such church or synagogue or in connection
with a school education program.
C.
Sounds created by any governmental agency by the use
of public warning devices, including but not limited to, police and fire vehicles.
D.
Sounds connected with sporting events of any public or
private school, burglar alarms or other devices when properly installed on
publicly or privately owned property providing that the cause of any alarm
or warning device producing the sound is investigated and turned off within
a reasonable period of time.
E.
Emergency construction or repair work by the Department
of Public Works or a public utility or as otherwise authorized by the Village
Board of Trustees which is necessary for the protection of life or property.
Any person alone or in concert with others who shall violate any provision
of this chapter shall be guilty of a violation and upon conviction thereof
shall be subject to a fine as follows:
