§ 142-2Disturbances in residential areas; exemptions.
§ 142-3Complaints of violation.
§ 142-4Penalties for offenses.
As used in this chapter, the following terms shall have the meanings indicated:
- A-WEIGHTED SOUND LEVEL
- The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated "dBa."
- The A-weighted sound level in decibels. DBa shall be measured by a general purpose sound-level meter complying with the provisions of the American National Standards Institute, Specifications for Sound Level Meters (ANSI SI. 4 1971), properly calibrated and operated on the "A" weighting network.
- UNREASONABLE OR EXCESSIVE NOISE
- Noise measured in excess of 50 dBa when measured not closer than the lot line of a residential lot or from the nearest affected dwelling unit.
It shall be unlawful for any person or persons in a residential area (R-1, R-2 or R-3, as defined by Chapter 215, Zoning) within the Village of LeRoy to disturb the peace by causing or allowing to be made any unreasonable or excessive noise between the hours of 11:00 p.m. and 7:00 a.m. Noise shall include but is not limited to noise resulting from the operation of any radio, phonograph or sound-related producing device or instrument, or from the playing of any band or orchestra, or from the use of any device to amplify the aforesaid noise, or from the making of excessive outcries, exclamations or loud singing or any other excessive noise by a person or group of persons or from the use of any device to amplify such noise. However, any performance, concert, establishment, band, group or person who has received and maintains a valid license or permit from any department, board or commission of the Village of LeRoy authorized to issue such license or permit shall be exempt from the provisions of this chapter.
Any person aggrieved by such disturbance of the peace may complain to the police about such unreasonable or excessive noise. The police, in response to each complaint, shall verify by use of the sound-level meter described herein that the noise complained of does exceed the limit described herein and, if so, may thereupon arrest and/or make application in the appropriate court of issuance of a criminal complaint.
A person convicted under this chapter shall be deemed guilty of an offense and shall be punished by a term of imprisonment not to exceed 15 days or a fine not to exceed $250.