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.
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]
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.
[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.