[HISTORY: Adopted by the City Council of
the City of Corning 9-3-1957. Amendments noted where applicable.]
The following acts, among others, are declared
to be loud, disturbing or unnecessary noises in violation of the chapter,
but said enumeration shall not be deemed to be exclusive, namely:
A.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, streetcar
or other vehicle on any street or public place of the city, except
as a danger warning; the creation by means of any such signaling device
of any unreasonably loud or harsh sound; and the sounding of any such
device for an unnecessary or unreasonable period 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 for any reason
held up.
B.
Radios, phonographs, etc. The using, operating or
permitting to be played, used or operated any radio receiving set,
for the producing or reproducing of sound in such manner as to disturb
the peace, quiet or comfort of the neighboring inhabitants, or at
any time with louder volume than is necessary for convenient hearing
for the person or persons who are in the room, vehicle or chamber
in which such machine or device is operated and who are voluntary
listeners thereto. The operation of any such set, instrument, phonograph,
machine or device, particularly between the hours of 11:00 p.m. and
7:00 a.m, in such a manner as to be plainly audible at a distance
of 50 feet from the building, structure or vehicle in which it is
located shall be prima facie evidence of a violation of this section.
C.
Loudspeakers, amplifiers for advertising or entertainment.
The using, operating or permitting to be played, used or operated
of any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets or public areas for
the purpose of commercial advertising or attracting the attention
of the public to any building or structure or for entertainment purposes,
except with an official permit obtained from the City Clerk. All duly
constituted and properly governed churches and the Salvation Army
are excluded from the provisions of this subsection.
[Amended 5-5-2003]
D.
Yelling, shouting, etc.
[Amended 7-5-1994]
(1)
Yelling, shouting, hooting, whistling or singing on
the public streets, particularly between the hours of 11:00 p.m. and
7:00 a.m., or at any time or place so as to annoy or disturb the quiet,
comfort or repose of persons in any office, or in any dwelling, hotel
or other type of residence, or of any persons in the vicinity.
(2)
The owner, tenant, manager or person in control and
charge of any premises or any person present wherein such violation
takes place is presumed to be the person making or creating such violation.
E.
Animals, birds, etc. The keeping of any animal or
bird which by causing frequent or long continued noise shall disturb
the comfort or repose of any persons in the vicinity.
F.
Steam whistles. The blowing of any locomotive steam
whistle, diesel whistle or steam whistle attached to any stationary
boiler, except to give notice of the time to begin or stop work or
as a warning of fire or danger or upon request of proper City authorities.
G.
The discharge into the open air of the exhaust of
any steam engine, stationary internal combustion engine or motor vehicle,
except through a standard muffler as supplied by the original manufacturer
of the engine or vehicle or other device which will effectively prevent
loud or explosive noises therefrom.
H.
The use of any automobile, motorcycle or vehicle in
such manner or so out of repair or so loaded as to create loud and
unnecessary grating, grinding, rattling or other noise.
I.
The creation of any excessive noise on any street
adjacent to any school, institution of learning, church or court while
the same are in use, or adjacent to any hospital which unreasonably
interferes with the workings of such institution, or which disturbs
or unduly annoys patients in the hospital, provided that conspicuous
signs are displayed in such streets indicating the same is a school,
hospital or court street.
J.
The creation of a loud and excessive noise in connection
with loading or unloading any vehicle or the opening and destruction
of bales, boxes, crates and containers.
It shall be a presumption that the ownership
and operation of any vehicle violating the provisions of this chapter
shall be deemed to be that as indicated by the registration plates
of such vehicle.
[Amended 10-5-1992]
Any person who violates any provision of this
chapter shall be deemed guilty of an offense and, upon conviction
thereof, shall be punished by a fine of not more than $250 or by imprisonment
for not more than 15 days or by both such fine and imprisonment, and
each day on which such violation continues shall constitute a separate
offense.
