Village of Fultonville, NY Chapter 95 Noise

[HISTORY: Adopted by the Board of Trustees of the Village of Fultonville 9-16-1997 by L.L. No. 1-1997. Amendments noted where applicable.]

§ 95-1 Loud and unnatural noise prohibited.

It shall be unlawful for any person to make, cause to be made or continued any loud, unnecessary, unnatural or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the corporate limits of the village or to violate any provision of this chapter.

§ 95-2 Prohibited noises enumerated.

The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter:

A. The sounding of any horn or engine acceleration or deceleration or signaling device on any automobile, motorcycle or other vehicle on any street, way, avenue or alley or other public place of the Village, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary or unreasonable length of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is congested or stalled.

[Amended 1-19-2021 by Res. No. 01-02-2021]

B. The production of noise if:

(1) The volume is louder than necessary for convenient hearing by a person or persons who are in the room, vehicle, chamber or on the property from which the noise originates or is clearly audible at a distance of 50 feet from the building, structure, vehicle or property from which the noise emanates.

(2) The noise emanating from streets or other public ways or property is so loud as to disturb the peace, quiet and comfort of other persons immediately adjacent thereto.

(3) The volume is louder than is necessary for the convenient hearing of the individuals who are creating or causing the noise.

(4) The volume is louder than necessary for the convenient hearing of the individuals who are adjacent thereto and who are voluntary listeners.

C. Vocal noises such as yelling, shouting, or hooting on either public or private property if such noise annoys or disturbs the peace, quiet and comfort of the persons in the dwelling, residence or commercial facility and the person or persons making such noise have been warned to cease such noisemaking.

[Amended 1-19-2021 by Res. No. 01-02-2021]

D. Frequent or long continued noise from dogs in residential communities, if such noise annoys or disturbs the peace, quiet and comfort of persons in any dwelling, residence or commercial facility and the person or persons owning or in control of such dog or dogs have been warned to prevent and eliminate such noise.

E. This applies to all noise outlined in this Code 24 hours a day, every day.

[Amended 1-19-2021 by Res. No. 01-02-2021]

§ 95-3 Exceptions to prohibited and regulated noises.

The following are exceptions to those noises prohibited or regulated under § 95-1:

A. Any sound amplification device used in any public parade, meeting, athletic event, procession, public concert or fund-raising event authorized by the village and operated under the auspices of the village or charitable or civic organizations.

B. Any sound amplification device used by religious institutions or in conjunction with religious worship services as long as such devices are not unreasonably loud or disturbing or of such character, intensity or duration as to be detrimental to the peaceful and tranquil living within the community.

C. Any sound amplification used on a public building when authorized by the Village of Fultonville.

D. Devices used solely for the purpose of warning, protecting or alerting the public or some segment thereof of the existence of any emergency situation, including but not limited to police or fire sirens or devices indicating the need for public utility repair.

E. Loudspeakers and amplifiers, whether fixed or mobile, to be used to direct Christmas music outside of buildings and into the streets of the Village of Fultonville from December 15 to December 31 each year between the hours of 8:00 a.m. and 10:00 p.m.

F. Loudspeakers and amplifiers if authorized by the Board of Trustees.

§ 95-4 Penalties for offenses.

[Amended 11-19-2018 by Res. No. 11-03-2018]

Any person violating the provisions of this chapter shall pay a fee of $250 upon notification of the Village Clerk, per order of the Village Board. Chronic and repeated violations will be prosecuted and could be punishable with a fine of $1,000 and not more than 15 days of imprisonment or both. Each day's continuation of the offense shall be considered a separate offense.