[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Point 12-15-1965 by Ord. No. 31. Amendments noted where
applicable.]
GENERAL REFERENCES
Animals — See Ch. 48.
A.
It shall be unlawful for any person, firm or corporation
to make, continue or cause or permit to be made or continued any loud,
raucous, unnecessary or unusual noise which either annoys, disturbs,
interferes with, injures or endangers the comfort, repose, health,
peace or safety of a reasonable person of normal sensitivities within
the limits of the Village of Kings Point.
[Amended 7-22-2002 by L.L. No. 1-2002]
B.
The following acts, among others, are declared to
be loud, disturbing and unnecessary noises in violation of this chapter,
but said enumeration shall not be deemed to be exclusive, namely:
(1)
The use or operation of any radio receiving set, television
set, musical instrument, phonograph or sound amplifier, air conditioner,
fan, lawn sprinkler or other similar mechanical device in such manner
as to create any sound or noise exceeding 85 decibels at the adjoining
property line.
[Amended 1-25-2021 by L.L. No. 1-2021]
(2)
The using or operating of or permitting to be played,
used, or operated any radio receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier, automobile horn or other machine or
device for the producing or reproducing of sound which is cast upon
the public streets for the purpose of commercial advertising or otherwise
attracting the attention of the public.
(3)
Yelling, shouting, hooting, whistling or singing on
the public streets between the hours of 11:00 p.m. and 8:00 a.m. or
at any time or place so as to annoy or disturb the quiet, comfort
or repose of a reasonable person of normal sensitivities in the vicinity.
[Amended 7-22-2002 by L.L. No. 1-2002]
(4)
The discharge into the open air of the exhaust of
any internal combustion engine except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
(5)
The use of any automobile, truck, motorcycle or vehicle
so out of repair, so loaded or in such manner as to create loud and
unnecessary grating, grinding, rattling or other noise.
(6)
The operation of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist, bulldozer, large truck, trailer
truck, or other vehicle or other earth moving equipment or appliance,
the use of which is attended by loud or disturbing noise, other than
between the hours of 8:00 a.m. and 4:00 p.m. on Mondays through Fridays,
excluding legal holidays.
[Amended 9-14-2017 by L.L. No. 5-2017]
(7)
The erection, demolition, alteration, repair, or any other construction
type activities, which are attended by loud or disturbing noise, other
than between the hours of 8:00 a.m. and 6:00 p.m. on Mondays through
Fridays, excluding legal holidays, except in the case of urgent necessity
in the interest of public health or safety as confirmed by the Village
Building Inspector, which confirmation may be given before or after
the noise is created.
[Amended 9-14-2017 by L.L. No. 5-2017]
(8)
The playing, operation or use of a radio, television,
musical instrument, phonograph, tape player, loudspeaker or sound
amplifier in such a manner as to disturb the peace, quiet and repose
of a reasonable person of normal sensitivities on a neighboring lot
or premises. If the sound produced by such radio, television, musical
instrument, phonograph, tape player, loudspeaker or sound amplifier
is audible on a lot or premises adjoining the lot or premises on which
same is located between the hours of 12:00 midnight and 8:00 a.m.,
this shall be prima facie evidence of a violation of this section.[1]
[Added 8-28-1984 by L.L. No. 2-1984;
amended 7-22-2002 by L.L. No. 1-2002]
(9)
The
outside operation of any gas-powered device for the cutting, trimming,
or blowing of any trees, hedges, grass, or other vegetation other
than between the hours of 8:00 a.m. and 4:00 p.m. on Mondays through
Fridays, excluding legal holidays.
[Added 7-20-2020 by L.L. No. 5-2020]
[Added 8-23-2022 by L.L. No. 13-2022]
A.
Upon approval of the Village Police Department, a permit may be granted to extend the time limits of § 106-1B(8).
(1)
The
application shall be made by the property owner of the subject property
and shall contain the following information and documentation:
(2)
Conditions
to the permit.
(a)
The permit shall not exceed more than one hour so that in no event
shall the extension of time permit the noise between 1:00 a.m. and
8:00 a.m.
(b)
No permit pursuant to this subsection shall be issued to any person
more than one time in any calendar year.
(c)
No permit pursuant to this subsection shall be issued for any property
more than one time in any calendar year.
