[HISTORY: Adopted by the Board of Trustees
of the Village of Perry 12-17-2007 by L.L. No. 4-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 150.
Animals — See Ch. 160.
Peace and good order — See Ch. 327.
Snowmobiles — See Ch. 363.
Vehicles and traffic — See Ch. 405.
[1]
Editor's Note: This local law also superseded
former Ch. 300, Noise, adopted 12-5-1983 by L.L. No. 3-1983, as amended.
This chapter is adopted pursuant to the provisions
of Article 2, § 10 of the Municipal Home Rule Law of the
State of New York.
The Village Board of the Village of Perry hereby
declares its intent to prevent unreasonably loud and disturbing noise
and sounds that are determined by the Board to be of a character,
intensity or duration as to be detrimental to the peace, welfare or
good order of the people of the Village of Perry. The Village Board
interest to improve and promote the quality of life in our community
and, in the exercise of its lawful enforcement in this regard, the
Village Board does hereby enact the following chapter.
This chapter shall be known and cited as, "Regulating
Unreasonably Loud and Disturbing Noise and Sound in the Village of
Perry."
It shall be unlawful for any person to make,
continue or cause to be made or continued any of the following acts
producing audible sound which are hereby declared to be loud, disturbing
and unnecessary noise in violation of this chapter:
A.
Horns, signaling devices, etc. The sounding of any
horn or other signaling device, including, but not limited to, sirens
on any automobile, motorcycle, or other vehicle, other than an emergency
vehicle, on any street or public place, except as a danger or burglar
warning.
B.
Car alarms. The sounding, or allowing to be sounded,
of any vehicle alarm for any reason other than an emergency on any
vehicle parked on any street or public place within the Village of
Perry for a length of time which exceeds 10 minutes.
(1)
For the purpose of this chapter, the registered owner
of the vehicle shall be deemed the person responsible for any violation
involving an unoccupied vehicle.
(2)
More than two instances of an alarm sounding on the
same vehicle for any cause other than an emergency within an eight-hour
period shall authorize the towing of the offending vehicle, at the
owner's expense, from any public area or area accessible to the public.
C.
Burglar, intruder, security, alarms, etc. The sounding,
or allowing to be sounded, of any burglar, intruder, or security or
fire alarm at a residence or a commercial establishment for a length
of time that exceeds 10 minutes for any reason other than an emergency
for which the system was designed and installed.
(1)
For the purpose of this chapter, the owner of the
property or the lessee, if said lessee is responsible for maintenance
of the alarm system, shall be deemed the person responsible for any
violation involving a nonemergency sounding of the alarm.
(2)
More than two instances of an alarm sounding at the
same location for any cause other than an emergency within an eight-hour
period shall be cause for the imposition of a fine or such penalty
as provided by this chapter or the Board of Trustees of the Village
of Perry.
D.
Radios, televisions, electronic sound reproduction
devices, etc.
(1)
The using, operating or permitting to be played, used
or operated of any radio, musical instrument or instruments, phonograph
or other machine or device for the producing or reproducing of sound,
in such a manner as to disturb the peace, quiet and comfort of neighboring
inhabitants or at any time with louder volume than is necessary for
convenient hearing for the person or persons who are voluntary listeners
thereto.
(2)
"Neighboring inhabitants" shall also be interpreted
to mean those persons in close proximity to the operator of an above-listed
device in a park or playground.
(3)
The operation of any such set, instrument, phonograph,
machine or device between the hours of 10:00 p.m. and 8:00 a.m. in
such manner as to be plainly audible on adjacent properties shall
be prima facie evidence of a violation of this section.
E.
Loudspeakers. (Amplifiers for advertising.) The using,
operating or permitting to be played, used or operated of any radio,
musical instrument or instruments, phonograph, loudspeaker, sound
amplifier 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 attracting the attention of the public to
a building or a structure.
F.
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets or any public place at
any time or place so as to annoy or disturb the quiet, comfort or
repose of persons in the vicinity shall be enforceable under the provisions
of the New York State Penal Law in accordance with the specific provisions
of New York State Penal Law § 240.20.
G.
Animals. The keeping or harboring of any animal which
barks, whines or makes any other noise continuously for a period of
10 minutes or more at a volume which can be heard anywhere beyond
the owner's premises. For the purpose of this subsection, "continuously"
shall mean constant, without any period of silence that exceeds 30
seconds.
H.
Blowers and fans. The operation of any blower, power
fan or any internal combustion engine, the operation of which causes
noise due to the detonation of operating gases or fluids or the expulsion
of air, unless the noise from such blower or fan is muffled and such
engine is equipped with a properly functioning muffler or baffling
device or effective noise-absorbent material sufficient to deaden
such noise. The decibel level generated by any such equipment covered
by this subsection shall not exceed 65 db when measured from an adjacent
or nearby property where said noise is alleged to be disturbing the
peace, quiet and enjoyment of said property.
I.
Outdoor power tools.
(1)
The operation of any engine-driven power tool or motorized
equipment before 7:00 a.m. and after 9:00 p.m., Monday through Friday,
and before 8:00 a.m. and after 9:00 p.m. on Saturdays, Sundays and
legal holidays is prohibited. Any such tool or equipment shall be
properly equipped with a muffler, or other properly installed manufacturer-approved
noise-reduction device, so designed and in such condition as to prevent
unnecessary noise and to prevent a public nuisance in its operation.
(2)
Promulgation of additional rules and regulations.
The Village Administrator is authorized to promulgate rules, regulations
and standards applicable to the above power tools and equipment in
an effort to control such noise and lessen the effect of that noise
on the quality of life of the Village. Such rules shall not become
effective until approved by the Village Board of Trustees.
(3)
Exceptions to this subsection:
J.
Restaurants. The playing, causing to be played or
permitting to be played of music of any kind or description, including
instrumental music, radio, player piano, jukebox, recorded, electronically
produced or vocal music, which interferes with the repose, health,
comfort, safety or welfare of any person, and is plainly audible from
adjacent properties, between the hours of 9:00 p.m. and 8:00 a.m.,
Sunday through Thursday and 12:00 midnight and 8:00 a.m. Friday, Saturday
and Sunday in any restaurant, bar, tavern and/or other public place
licensed to sell liquors, wines or beer to be consumed on the premises.
K.
Motor vehicle radios. The use or operation of any
radio, tape player, disc player or other electronic sound reproduction
device located within a motor vehicle being operated or parked on
any public street or place accessible to the public, in such manner
as to disturb the peace and repose of persons in their homes, businesses
or on the streets, or at any time, with louder volume than is necessary
for convenient hearing of the person or persons who are voluntary
listeners within the vehicle. The operation of any such radio or electronic
sound reproduction device with a vehicle in such a manner as to be
audible to those outside the vehicle at a distance of 25 feet or more
from the source, as best that point can be estimated without the use
of any distance-measuring device, regardless of the time of day, shall
be prima facie evidence of a violation of this section. Said 25 feet
may be measured horizontally or vertically.
L.
Construction. Causing or committing to be caused unnecessary
noise during the erection, excavation, demolition, alteration or repair
of any building or structure.
(1)
Homeowners
may, if performing their own work of erection, excavation, demolition,
alteration or repair of any building or structure on their own premises,
do so between 7:00 a.m. and 9:00 p.m., Monday through Friday, and
8:00 a.m. to 7:00 p.m., Saturdays, Sundays and holidays, except as
needed to secure residence in case of a bona fide emergency.
(2)
Work
involving the use of machinery, including but not limited to rock
breaking, pile driving, riveting, power sandblasting and chainsawing
that emits continuous sounds, audible from a distance of 300 feet
or more from the work site must cease for 30 minutes within every
three hours of operation to provide respite to the surrounding community.
M.
Noise generated by any establishment that impacts
its neighbors.
(1)
Creating noise that disturbs the peace, quiet and
comfort of the neighboring residential inhabitants by any establishment,
including businesses, commercial establishments, houses of worship
or educational institutions in an industrial zone or in a residential
or business zone, between the hours of 9:00 p.m. and 8:00 a.m., Sunday
through Thursday and 12:00 midnight and 8:00 a.m. Friday, Saturday
and Sunday.
(2)
Noise that is plainly audible at distance of 25 feet
or more from the source, as best that point can be estimated without
the use of any distance-measuring device, during the hours specified,
shall be prima facie evidence of a violation of this section.
(3)
Establishments in violation of this subsection may
be required by the Board of Trustees to make modifications, alterations
or other changes to their structure in order to come into compliance
with this subsection.
N.
Motor vehicles.
(1)
Noise emanating from the operation of motor vehicles
on public highways is regulated by the New York State Vehicle and
Traffic Law. The maximum levels set forth in the Vehicle and Traffic
Law for the operation of vehicles on public highways, as they may
be amended from time to time, are hereby designated to be the maximum
permissible noise levels for the operation of motor vehicles on all
other property as well as public highways within the Village of Perry.
(2)
Allowing the engine of a truck or bus, including school
buses, to idle while the vehicle is standing for a period exceeding
five minutes, with the exception of vehicles with refrigeration systems
where the engine must be running in order to power the refrigeration
unit; these must be in the Village municipal parking lot.
O.
Exhausts and mufflers generally. Causing or permitting
the operation of any device, fan, vehicle, construction equipment,
lawn maintenance equipment, including but not limited to any diesel
engine, internal combustion engine or turbine engine, that has been
modified or becomes defective, so as to cause the level of sound emitted
to be greater than that emitted when originally manufactured, nor
shall any person operate said devices, equipment, etc., with the muffler
or noise-reduction equipment removed.
A.
Noise emanating from parades, authorized public celebrations,
authorized carnivals or similar events and sirens and whistles used
by the Fire and Police Departments, authorized emergency vehicles,
civil defense and any other municipal department or agency for emergency
functions shall not be subject to the provisions of this chapter.
B.
Noise from individually sponsored events where a permit
for the event has been obtained from the Village Clerk/Administrator.
(1)
When authorized by the Village Board, the Village
Clerk/Administrator is permitted to issue a permit for a wedding reception
or similar event to be held outdoors or in a tent, with music provided
by a band, orchestra or sound reproduction equipment, provided that
the sound levels are not annoying to a reasonable person when heard
at a distance between the hours of 9:00 p.m. and 8:00 a.m., Sunday
through Thursday and 12:00 midnight and 8:00 a.m. Friday, Saturday
and Sunday.
(2)
The intended hours of the event shall be furnished
to the Village Clerk/Administrator at the time of application for
permit and shall be listed on the permit.
(3)
Other reasonable conditions which conform to the intent
and purposes of this chapter may be imposed upon the issuance of such
permits.
(4)
The Village Board reserves the right to limit the
number and frequency of permits granted in any geographic area of
the Village of Perry.
(5)
A copy of each permit, along with the conditions limiting
such permit, will be provided to the Village Police Department.
The Village of Perry police are directed to
take any reasonably necessary action to abate the noise created by
an unattended mechanical device, such as an engine, alarm or the like,
when a person responsible for the device or a person who can silence
the device is not present and cannot be contacted in a reasonably
short time.
A.
Any person who violates any portion of this chapter,
or harbors any device which creates a violation of this chapter, shall
be guilty of a violation and, upon conviction, shall be punished by
a fine of $250 for the first offense, $350 for the second offense
and $500 or by imprisonment for up to 15 days, or both, for the third
offense.
