The provisions of this Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this article shall not be interpreted to prevent the issuance of permits pursuant to § 163-14 that will authorize particular sound sources.
It shall be unlawful for any person anywhere in the Village to use or to operate any radio or receiving set, musical instrument, phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound.
A. 
It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound.
B. 
For the purposes of this section, a person in charge of a party or other social event:
(1) 
That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event.
(2) 
That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event.
(3) 
Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event.
It shall be unlawful for any person to advertise, promote or sell anything by outcry within any area of the Village zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events for which a lawful permit has been issued and is in force.
A. 
It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined and described in §§ 163-3 and 163-4 of this chapter. In making such determination with respect to the matters governed by this section, additional factors to be considered shall include:
(1) 
The necessity of the work being done.
(2) 
The ability of the creator of the noise to minimize or reduce the amount of noise created or to otherwise minimize its adverse effects.
B. 
The operation of gasoline, electric or diesel power equipment or machinery in residential zones outdoors or covered structures with large openings, such as a carport or a garage with the garage door open, between the hours of 9:30 p.m. and 7:00 a.m. the following day, and on weekends between 9:30 p.m. and 8:00 a.m. the following day is declared to be prima facie evidence of violation of this chapter.
A. 
Except for the purposes specified in Subsection B, during nighttime hours it shall be unlawful for any person within a residential zone or within 500 feet of a residential zone to operate construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to create unreasonable noise as defined and described in §§ 163-3 and 163-4 of this chapter. Any designated official of the Village may give a verbal warning that the violation exists and of the penalties that may result if the violation continues.
B. 
This section shall not be deemed to prohibit:
(1) 
Emergency work.
(2) 
Work of a domestic nature on buildings, structures or projects being undertaken by a person(s) residing in such premises; provided that if any domestic power tool, including but not limited to mechanically powered saws, sanders, grinders and lawn and garden tools used outdoors, is operated during the nighttime hours, no person shall operate such machinery so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at 25 feet or more from the source of the sound.
Section 163-10 shall be applied in addition to § 163-4.
It shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary or unusual noise or sound that shall continue for more than three cumulative minutes in any sixty-minute period and which shall exceed the permitted noise levels specified in this chapter. Any designated official of the Village may issue a verbal warning that the violation exists and of the penalties that may ensue.
This chapter shall not apply to fire horns or other alarms authorized by the Horseheads Fire Department, Town and Country Fire Department, or Horseheads Police Department and operated in accord with that authorization, or to emergency warning devices, sirens, alarms or other devices being used in connection with the operation of emergency vehicles when performing emergency work and in the performance of public duties.