[HISTORY: Adopted by the Board of Trustees of the Village
of Mount Morris 1-10-2002 by L.L. No. 1-2002.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 52.
Animals — See Ch. 59.
Nuisance abatement — See Ch. 153.
Peddlers and solicitors — See Ch. 161.
Snowmobiles and all-terrain vehicles — See Ch. 193.
[1]
Editor's Note: This local law also repealed former Ch.
148, Noise, which consisted of Art. I, Motor Vehicles, adopted 12-1-1988
by L.L. No. 9-1988.
The peace and tranquility of the Village has been continually
and unnecessarily disrupted by excessive, disturbing and offensive
noises, and the level and frequency of such disturbances continue
to increase. The level of these noises adversely affects the health,
comfort, convenience, safety and welfare of persons within the Village.
All persons are entitled to an environment free of disturbing, excessive
or offensive noises that are detrimental to life, health or personal
peace and tranquility. This chapter is to be construed liberally,
but is not intended to be construed so as to discourage the enjoyment
of normal, reasonable and usual activities.
A.
No person, acting with intent to cause public inconvenience, annoyance
or alarm, or acting with reckless disregard of the effects on others,
shall cause, suffer, allow or permit the creation of unreasonable
noise, For purposes of this chapter, "unreasonable noise" is any disturbing,
excessive or offensive sound that annoys a reasonable person of normal
sensibilities.
B.
The following acts are declared to be prima facie evidence of a violation
of this chapter. This enumeration is not to be deemed as exclusive.
(1)
Any unnecessary noise from any source between the hours of 11:00
p.m. and 7:00 a.m. the following day.
(2)
Noise from a dog or other privately owned animal that continues with
only minor interruptions for 15 minutes or more.
(3)
Noise from a burglar or other alarm system of any building, motor vehicle or boat which continues with only minor interruptions for five minutes or more. (See also § 148-3.)
(4)
Noise from any sound reproduction system operating or playing any
radio, CD or tape player, television or similar device that reproduces
or amplifies sound in such a manner as to be heard 60 feet from its
source or beyond any property line.
(5)
Noise from public bars, restaurants, public party houses, bowling
alleys or the like so loud as to be annoying to a reasonable person
when heard 60 feet from, or beyond the property line of, the establishment.
(6)
The erection, including excavation, demolition, alteration or repair,
of any structure other than between 7:00 a.m. and 9:00 p.m., except
in case of an emergency public safety requirement.
(7)
The operation of a motor vehicle, motorcycle, lawn tractor or other
gasoline or diesel engine that, due to modifications or through normal
wear and tear, emits a sound greater than that emitted as originally
manufactured.
(8)
The operation of power equipment such as tractors, mowers, power
saws and similar noise-producing equipment in residential zones on
weekdays between the hours of 10:00 p.m. and 7:00 a.m. the following
day, and on weekends between 10:00 p.m. and 8:00 a.m.
(9)
The sounding of any horn or signaling device of an automobile, motorcycle
or other vehicle for any unnecessary or unreasonable period of time.
(10)
The making of improper noise or disturbance or operating an
automobile or motorcycle in such a manner as to cause excessive motor
roar, or excessive squealing of the tires.
(11)
Shouting or other outcry or clamor upon the public streets or
sidewalks for the purpose of selling or otherwise attracting attention.
The Mount Morris Police are directed to take any reasonably
necessary action to abate the noise created by an unattended mechanical
device such as an engine, alarm or the like when a person responsible
for the device or a person who can silence the device is not present
and cannot be contacted in a reasonably short time.
The provisions of this chapter shall not apply to the following
acts:
A.
The emission of sound for the purpose of alerting persons to the
existence of an emergency.
B.
Noise from municipally sponsored celebrations or events.
C.
Noise from individually sponsored events where a permit for the event
has been obtained from the Village Clerk. When authorized by the Village
Board, the Village Clerk is authorized to issue a permit for a wedding
reception or similar event to be held outdoors or in a tent, with
music provided by a band, orchestra or sound reproduction equipment,
provided that the sound levels are not annoying to a reasonable person
when heard at a distance of 500 feet from its source and provided
that the event does not continue beyond 10:00 p.m. and is limited
to a maximum duration of four hours. The intended hours of the event
shall be furnished to the Village Clerk at the time of application
for permit and shall be listed on the permit. Other reasonable conditions
which conform to the intent and purposes of this chapter may be imposed
upon the issuance of such permits, which are not authorized more frequently
than once in any six-month period for the same property. The Village
Board reserves the right to limit the number and frequency of permits
granted in any geographic area of the Village of Mount Morris. A copy
of each permit, along with the conditions limiting such permit, will
be provided to the Village Police Department.
D.
The operation or use of any organ, radio, bell, chimes or the like
by any church, synagogue or school licensed or chartered by the State
of New York, provided that such operation or use does not occur between
the hours of 10:00 p.m. and 8:00 a.m.
E.
Noise generated by the installation and maintenance of utilities.
F.
Music in connection with a military or civic parade, funeral procession
or religious service authorized by the Village.
G.
Authorized sporting events.
Any person who violates any provision of this chapter shall
be guilty of a violation and shall be subject to a fine not to exceed
$250 for each offense. The Village may also seek injunctive relief
to prevent the continued violation of this chapter.
The Mount Morris Police Department is hereby authorized and
empowered to enforce the provisions of this chapter.