[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point 6-19-1957 by Ord. No. 21. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Village of Sands Point Noise Ordinance."
It is found and declared that the making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety and welfare of the residents of the Village of Sands Point.
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and the peace and quiet of the Village of Sands Point and its inhabitants.
[Amended 6-20-2017 by L.L. No. 5-2017]
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, excessive, unnecessary or unusual sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities within the limits of the Village of Sands Point.
[Amended 9-26-1995 by L.L. No. 6-1995; 3-24-2015 by L.L. No. 2-2015; 6-20-2017 by L.L. No. 5-2017; 8-25-2020 by L.L. No. 2-2020]
The following acts are declared to be loud, excessive, unnecessary or unusual sounds in violation of this chapter:
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, other vehicle or boat, except as a danger or warning signal; the creation by means of any such signaling device of any unreasonable or harsh sound; and the sounding of any such device for an unnecessary and unreasonable length of time.
Radios, phonographs, etc. The using, operating or permitting to be played, used or operated of any radio or television receiving set, loudspeaker, sound amplifier, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons within the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m. in such a manner as to be 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. The operation of any loudspeaker, sound amplifier or device for the producing or reproducing of sound at any time of day or night on premises in the Village of Sands Point as to be audible at the property line of adjoining premises shall be prima facie evidence of a violation of this section.
Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio or television 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 other public places for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
Animals. The keeping of any animals which by causing frequent or long-continued noise shall disturb the comfort or repose of any person or persons in the vicinity.
Exhausts. The discharge into the open air or water of the exhaust of any steam engine, stationary internal-combustion engine, motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. This subsection shall not apply to power lawn mowers.
The erection (including excavation), construction, demolition, alteration or repair of any building (except interior alterations or repairs to a building which take place entirely indoors), the operation of tractors, earthmoving or earth-excavating machines, cement mixers or cranes (collectively hereinafter referred to as "construction activities") in connection with excavating, filling of land or land development projects or the delivery of any such equipment to a project site:
Other than between the hours of 8:00 a.m. and 5:00 p.m. on Mondays through Fridays.
Other than between the hours of 9:00 a.m. and 4:00 p.m. on Saturdays, provided that the Building Commissioner or his/her designee has issued a written permit authorizing such activities pursuant to Subsection F(2) below.
On the following holidays: New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and Christmas Day.
In determining whether to permit Saturday construction activities pursuant to this subsection, the Building Commissioner shall consider the following factors:
The type of construction equipment being used on the Saturdays.
The nature of the construction activities being performed.
The amount of time necessary to complete the project.
The ability of the applicant to complete the project without need to perform construction activities on Saturdays.
The intensity and duration of noise produced by the construction activities.
The impact of noise from the construction activities on surrounding properties.
Input from residents affected by the construction activities.
Emergency situations. In the event of an emergency situation, construction activities may be performed at times and on days otherwise prohibited by Subsection F(1), provided that the Building Inspector or his designee has issued a written permit authorizing such activities. Such permit shall be valid only for the times and dates set forth therein and under no circumstances shall extend beyond the period of such emergency. An emergency situation shall be any situation which requires the performance of construction activities in order to protect life or property from the immediate and imminent threat of fire, flood, storm or other natural disaster.
Landscaping equipment. The operation of leaf-blowing or vacuum machines, lawn or sidewalk-edging machines, rototiller, chain saws, log splitters, wood-chipping machines, truck-borne spraying equipment (collectively hereinafter referred to as "landscaping activities") other than between the hours of 8:00 a.m. and 6:00 p.m. on Mondays through Fridays and 9:00 a.m. and 2:00 p.m. on Saturdays, except in the event of an emergency situation, and then only when a permit shall be issued by the Building Inspector or his designee for the period of the emergency. An emergency situation shall be any situation which requires the performance of landscaping activities in order to protect life or property from the immediate and imminent threat of fire, flood, storm or other natural disaster.
[Amended 12-17-1991 by L.L. No. 9-1991; 6-20-2017 by L.L. No. 5-2017]
Any person who violates any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $1,000; upon a conviction for a second offense within 18 months, punishable by a fine not exceeding $2,500; and upon conviction for a third or subsequent offense within 18 months, punishable by a fine of not less than $2,500 nor more than $10,000.
If the violation is of a continuing nature, each hour during which any of these offenses occurs shall constitute an additional, separate and distinct offense.
In addition to any other remedy provided by law, the Board of Trustees may commence an action to enjoin violations of this chapter.