[HISTORY: Adopted by the Board of Trustees
of the Village of East Aurora 12-3-2001 by L.L. No. 7-2001 (Ch. 69, Sec. 69-12,
of the 1972 Code). Amendments noted where applicable.]
The making and creating of disturbing, excessive,
or offensive noises within the limits of the Village are a detriment
to the public health, safety and welfare of the residents. Every person
is entitled to an environment in which disturbing, excessive, or offensive
noise is not detrimental to his or her life, health, or enjoyment
of property. This chapter is to be construed liberally, but it is
not intended to be construed so as to discourage the enjoyment by
residents of normal activities.
[Amended 3-14-2006 by L.L. No. 1-2006; 2-7-2022 by L.L. No. 2-2022]
No person shall cause public inconvenience,
annoyance or alarm, or recklessly create a risk thereof, and no person
shall cause, suffer, allow or permit to be made unreasonable noise.
For purposes of this chapter, unreasonable noise is any disturbing,
excessive, or offensive sound that disturbs a reasonable person of
normal sensitivities. The following acts are declared to be prima
facie evidence of a violation of this chapter. The enumeration shall
not be deemed exclusive.
A.
Any unnecessary noise from any source between the
hours of 11:00 p.m. and 7:00 a.m. the following day.
B.
Noise from a dog or other pet animal that is continuous
and exceeds 30 minutes.
C.
Noise from a burglar alarm or other alarm system of
any building or motor vehicle which is continuous and exceeds 15 minutes.
D.
Noise from any sound reproduction system, operating
or playing any radio, portable radio or tape player, television, tape
deck or similar device that reproduces or amplifies sound in such
a manner as to be heard 100 feet from its source or over any property
line.
E.
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 case of a public safety and emergency.
F.
The outdoor operation of power equipment, except for
properly muffled lawn mowers and snowblowers between 10:00 p.m. and
7:00 a.m. the following day.
G.
The sounding of any horn or signaling device of any
automobile, motorcycle or other vehicle for any unnecessary or unreasonable
period of time.
H.
The making of improper noise or disturbance or operating
an automobile or motorcycle in such a manner as to cause excessive
squealing or other excessive noise of the tires.
The provisions of this chapter shall not apply
to the following:
A.
The sound created by any governmental agency or by
the use of public warning devices.
B.
Noise from municipally or school sponsored celebrations
or events.
C.
Noise from individually sponsored event where a special
permit for public assembly or other relevant permission has been obtained
from the Village.
D.
The operation or use of any organ, radio, bell, chimes
or other instrument, apparatus, or device by any church, synagogue,
or school licensed or chartered by the State of New York, provided
such operation or use does not occur between the hours of 10:00 p.m.
and 8:00 a.m.
E.
The sound created by public utilities in carrying
out the operation of their function.
Any person who violates any provision of this chapter shall be guilty of a violation and shall be subject to a fine as provided for in § 171-5. The Village may also seek injunctive relief to prevent the continued violation of this chapter.
[Added 9-11-1972; amended 1-7-1985 by L.L. No. 1-1985; 12-3-2001 by L.L. No.
7-2001; 3-14-2006 by L.L. No. 1-2006]
Violations of any of the provisions of this
chapter shall be punishable by a fine of not more than $250 or by
imprisonment for not more than 15 days, or both. Each day's continuance
of a violation after notice shall be deemed a separate and distinct
violation and shall be punishable accordingly.
