[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point 6-19-1957 by Ord. No. 21; amended in its entirety 9-28-2022 by L.L. No. 19-2022. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Village
of Sands Point Noise Ordinance."
A.Â
It is found and declared that the making, creation, or maintenance
of Unnecessary Noise is a detriment to the public health, comfort,
convenience, safety, and welfare of the residents of the Village.
B.Â
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 the pursuance and purpose of securing and promoting the public
health, comfort, convenience, safety, welfare, and the peace and quiet
of the Village and its inhabitants.
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing, or equipping of buildings, highways,
roads, utility lines, or other property.
The operation of leaf-blowing or vacuum machines, lawn or
sidewalk-edging machines, rototillers, chain saws, log splitters,
wood-chipping machines, or truck-borne spraying equipment.
Any individual, partnership, company, corporation, association,
firm, organization, administration, department, municipal entity,
or any other group of individuals, or any person or employee thereof.
An imaginary line exterior to any structure, along the ground
surface, which separates the real property owned by one Person from
that owned by another Person, and the vertical extension of such line.
Any excessive or unusually loud sound, or any sound which
either, disturbs, injures, or endangers the comfort, repose, health,
peace, or safety of a reasonable Person of normal sensibilities in
the Village, or which causes injury or damage to animal life, property,
or business. Standards to be considered in determining whether Unnecessary
Noise exists in a given situation include, but are not limited to,
the following:
The intensity of the noise
Whether the nature of the noise is usual or unusual
Whether the origin of the noise is natural or unnatural
The intensity of the background noise
The proximity of the noise to sleeping facilities
The nature and the zoning district of the area within which
the noise emanates
The time of the day or night the noise occurs
The duration of the noise
Whether the sound source is temporary
Whether the noise is continuous or intermittent
Whether or not a Person can control the volume and duration
of the noise.
The Village Club of Sands Point.
The Incorporated Village of Sands Point.
No Person shall make, continue, or cause or permit to be made
or continued, any Unnecessary Noise. The following acts are declared
to be prima facie evidence of a violation of this article and are
prohibited, but said enumeration shall not be deemed to be exclusive.
A.Â
Automobiles, motorcycles, other vehicles, or boats. No Person shall
operate an automobile, motorcycle, other vehicles, or boats in such
a manner as to cause Unnecessary Noise beyond 25 feet from such automobile,
motorcycle, other vehicles, or boats.
B.Â
Radios, loudspeakers, phonographs, etc. No Person shall operate,
play, or permit the operation of any radio, loudspeaker, television,
phonograph, drum, musical instruments, sound generator, sound amplifier,
or similar device which produces, generates, reproduces, or amplifies
sound in such a manner as to create Unnecessary Noise across a Real
Property Boundary.
C.Â
The operation of any radio, loudspeaker, television, phonograph,
drum, musical instruments, sound generator, sound amplifier, or similar
device which produces, generates, reproduces, or amplifies sound in
such a manner that can be heard across a Real Property Boundary.
D.Â
Animals. The keeping of any animals or birds whose howling, barking,
squawking, or any other sounds by virtue of loudness, duration, frequency,
or intensity, which creates Unnecessary Noise.
E.Â
Exhausts. Except as otherwise provided in this ordinance, no Person
shall cause or permit the discharge of the exhaust of any device,
including, but not limited to, any steam engine, diesel engine, internal
combustion engine, or turbine engine, so as to create Unnecessary
Noise, except that a power backup generator may be exercised once
a week for one hour and operated during periods of electricity blackouts.
This subsection shall not apply to power lawn mowers.
F.Â
Construction and Landscaping Activities.
(1)Â
Any Construction that creates Unnecessary Noise, except between the
hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. No Construction
shall be permitted on the following holidays: New Year's Day,
Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence
Day, Labor Day, Columbus Day, Thanksgiving Day, and Christmas Day.
(2)Â
Construction shall be prohibited on Saturdays and Sundays unless
authorized by a written permit, duly issued by the Village. In determining
whether to permit Construction activities on a Saturday or Sunday,
the Village shall consider the following factors:
(a)Â
The type of equipment being used on a Saturday or Sunday.
(b)Â
The nature of the Construction being performed.
(c)Â
The amount of time necessary to complete the project.
(d)Â
The ability of the applicant to complete the project without
the need to perform Construction on Saturdays or Sundays.
(e)Â
The intensity and duration of noise produced by the Construction.
(f)Â
The impact of noise from the Construction on surrounding properties.
(g)Â
Input from residents affected by the Construction.
(3)Â
Landscaping Activities. Landscaping Activities which create Unnecessary
Noise, except between the hours of 8:00 am and 5:00 pm Monday through
Friday, and between the hours of 9:00 a.m. and 4:00 pm on Saturdays.
Landscaping Activities shall be prohibited on Sundays.
(4)Â
Emergency situations. In the event of an emergency situation, Construction and Landscaping Activities may be performed at times and on days otherwise prohibited by Subsections F(1), F(2), or F(3) provided that the Village 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 or Landscaping Activities in order to protect life or property from the immediate and imminent threat of fire, flood, storm, or other natural disaster.
The provisions of this chapter shall not apply to any noise
created at the Village Club during an official event that has been
approved or sponsored by the Village or authorized by the general
manager of the Village Club upon consultation with the Village.
A.Â
Any Person violating any of the provisions of this chapter, shall,
upon conviction thereof, be subject to a fine not exceeding $10,000.00
for each violation, regardless of any convictions for prior violations.
B.Â
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.
C.Â
In addition to any other remedy provided by law, the Board of Trustees
may commence an action to enjoin violations of this chapter.
