[HISTORY: Adopted by the Board of Trustees of the Village of Fort Plain at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 134.
The Board of Trustees finds that:
Unnecessary noise degrades the environment of the village to a degree which:
No one has any right to create unnecessary noise.
Effective control and elimination of unnecessary noise is essential to the furtherance of the health and welfare of the village's inhabitants and to the conduct of the normal pursuits of life, recreation, commerce and industrial activity.
The Board of Trustees recognizes that many inhabitants of the Village of Fort Plain must sleep during the daylight hours in order that they may be employed in the nighttime and that infants, invalids and illness require that unnecessary noise be eliminated, and the Board is mindful of the fact that a busy village creates sufficient noise by its own activity which cannot be limited. Therefore, it is in the public interest that unnecessary noise, especially unnecessary recreational noise, be eliminated within the village limits.
It shall be an expression of the legislative intent of this Board that the proliferation of portable radios and tape players being played outside of dwellings, upon the public way, on public sidewalks and in parks and plaza areas and on porches and steps of buildings be discouraged. Individuals that find it necessary to operate these devices out of doors at loud levels should operate them with headsets or headphones attached so that the persons who desire to listen to these devices may enjoy them in comfort and that they not be permitted to create a nuisance in the neighborhood. It is also an expression of the legislative intent of this Board that commercial establishments which provide live entertainment or jukebox entertainment or entertainment through some sound amplification system be discouraged from having such entertainment audible outside of said premises and on the public ways and streets and be specifically discouraged from loud or noisy entertainment being conducted with their doors open to the public way.
It shall also be an expression of the legislative intent of this Board to discourage the use of any horn or signaling device on any automobile, motorcycle or other vehicle, except as a danger warning, especially to discourage the use of a vehicle horn in closely settled neighborhoods to signal a resident to come down or out of a building, except in a situation where the driver of the vehicle, due to disability, is incapable of leaving the vehicle to go to the door of the residence to be addressed.
It shall be unlawful for any person within the Village of Fort Plain to make, continue or cause to be made or continued any loud, unnecessary or unusual noise which either annoys, disturbs or endangers the comfort, repose, health, peace or safety of others within the limits of the village.
The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section:
Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or any other vehicle on any street or public place in the village, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. Authorized emergency vehicles may use warning sounds. Weddings, parades and other organized events which customarily use motor vehicles and sound their horns during the event are excepted from the operation of this chapter.
Engine exhausts. The discharge into the open air within the village of the exhaust of any steam engine, gasoline engine, stationary internal combustion engine or any other type of engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
The construction or repairing of buildings. The creation of noise associated with an excavation, demolition, alteration or repair of any building within the village, other than between the hours of 6:00 a.m. and 9:00 p.m., except in the case of urgent necessity or the interest of public health and safety, and then only with a permit from the Code Enforcement Officer(s), which permit may be renewed for periods of three days while the emergency continues.
Loudspeakers, amplifiers, paging systems, portable radios and portable tape players; sound on the streets. The playing, using or operating or permitting to be played, used or operated any radio receiver, musical instrument, phonograph, loudspeakers, sound amplifier or other machine or device for the producing or reproducing of any sound which is cast upon the public streets, sidewalks, parks, plaza areas or any public areas of the village. Permits for the operation of these devices may be obtained for the conduct of any approved event or celebration. Practice sessions by school bands or loudspeakers used at organizational, athletic or scholastic events are exempt from the operation of this chapter.
Radios and phonographs; use on private property. Playing, using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, tape player, television receiving set or other machine or device for the producing or reproducing of sound if such sound is loud enough to be clearly heard 25 feet from the boundary of the property on which the sound is produced or reproduced.
Yelling and shouting. Yelling, shouting, loudly conversing, hooting or singing on the public streets of the village or at any time or place so as to annoy the peace, quiet, comfort or repose of persons in any office or in any dwelling or any other type of residence or of persons within the vicinity within the limits of the village.
The permits authorized by this chapter may be obtained from the office of the Village Clerk, who shall promulgate the necessary regulations relating thereto.
It shall be unlawful for any person to willfully make or continue or cause to be made or continued any loud or unnecessary or unusual noises, hereinabove defined, which disturb the peace and quiet of any neighborhood or which cause discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
The standard which may be considered in determining whether a violation of the provisions of this section exist may include, but not be limited to, the following:
The level of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is natural or unnatural.
The level and intensity of the background noise, if any.
The proximity of the noise to residential sleeping facilities.
The nature and zoning of the area within which the noise emanates.
The density of the inhabitation of the area within which the noise emanates.
The time of the day and night the noise occurs.
The duration of the noise.
Whether the noise is recurrent, intermittent or constant.
Any person, firm or corporation violating any provision of this chapter shall be fined not more than $250 or imprisoned for not more than 15 days, or both, for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. The Police Department may, in its discretion, confiscate the offending device at the scene of the offense, and the return of said device shall be in the sound discretion of the court.