[HISTORY: Adopted by the Board of Trustees
of the Village of Island Park by Ord.
No. 32 and 7-18-1991 by L.L. No. 7-1991; amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Subsequent amendments noted where applicable.]
The making and creating of disturbing, excessive
or offensive noises within the jurisdictional limits of the Village
is a condition which has persisted, and the level and frequency of
occurrences of such noises continues to increase. These noise levels
are a detriment to the public health, comfort, convenience, safety
and welfare of the citizens. Every person is entitled to an environment
in which disturbing, excessive or offensive noise is not detrimental
to his or her life, health or enjoyment of property. This chapter
is to be construed liberally, but it is not intended to be construed
so as to discourage the enjoyment by residents of normal, reasonable
and usual activities.
A.
No person,
with the intent to cause public inconvenience, annoyance or alarm,
or recklessly creating a risk thereof, shall cause, suffer, allow
or permit to be made unreasonable noise. For purposes of this chapter,
"unreasonable noise" is any disturbing, excessive or offensive sound
that disturbs a reasonable person of normal sensitivities, including,
but not limited to, noise resulting from the operation of any band
or orchestra, radio, phonograph, recording device, juke box or sound-producing
device or instrument or from any device amplifying any of said noises
or from making unreasonable or excessive outcries, loud singing or
exclamations or any other excessive or unreasonable noise by a person
or group of persons or from a device to amplify such noise.
B.
The following acts are declared to be prima facie
evidence of a violation of this chapter. This enumeration shall not
be deemed exclusive.
(1)
Driving
or operating a motor vehicle in or through the Village of Island Park,
or in any of the streets of said Village, with the cut-out open, and
the use of an open cut-out on any automobile or motor vehicle within
the Village of Island Park is strictly prohibited.
(2)
Noise from a dog or other pet animal that is continuous
and exceeds 15 minutes.
(3)
Noise from a burglar alarm or other alarm system of
any building, motor vehicle or boat which is continuous and exceeds
15 minutes.
(4)
Noise from any sound reproduction system, operating
or playing any radio, portable radio or tape player, television, tape
deck or similar device that reproduces or amplifies sound in such
a manner as to be heard 60 feet from its source or over any property
line.
(5)
The erection, including excavation, demolition, alteration
or repair, of any building other than between 7:00 a.m. and 9:00 p.m.,
except in case of a public safety emergency.
(6)
The sounding of any horn or signaling device of an
automobile, motorcycle or other vehicle for any unnecessary or unreasonable
period of time.
(7)
The making of improper noise or disturbance or operating
an automobile or motorcycle in such a manner as to cause excessive
squealing or other excessive noise of the tires.
(8)
Offering for sale anything by shouting or outcrying
upon the public streets and sidewalks.
No person or persons, firm, association, corporation or contractor
shall do, perform, cause, suffer or permit the operation of any mower
or power lawn mower, machine or power tools or any other power equipment
to commence operation earlier than 8:00 a.m. or later than 9:00 p.m.
on Monday through Saturday or earlier than 9:00 a.m. and later than
9:00 p.m. on Sunday. All other noise generated from musical instruments
or events will be allowed until 11:00 p.m.
The making of sounds outdoors from a band or
orchestra consisting of three or more pieces without a permit be presumptive
evidence of a violation of this chapter.
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 public assembly or other relevant permission has been obtained
from the Village Clerk.
D.
The operation or use of any organ, radio, bell, chimes
or other instrument, apparatus or device 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.
Any performance,
concert, band or orchestra or group for which a permit been granted
by the Village shall be exempt from the provisions of this chapter.
If such a violation is caused or permitted by
a commercial enterprise, not only the persons making the noise shall
be liable but also the corporation, if so there be, and any officers
or directors thereof having knowledge of the same or the manager of
any such commercial enterprise.
Any application for a permit to conduct an outdoor
performance, concert or other exhibition causing more than customary
noise shall be made to the Village Clerk, who shall have the authority
to issue such a permit with or without limitations and conditions
and subject to revocation for good cause.
A person aggrieved by such unreasonable or excessive
noise may complain to a police officer. It shall be the duty of such
officer, if he finds the complaint justified, to take such steps as
are necessary to abate immediately the condition.
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 or imprisonment not to exceed 15 days, or both,
for each offense. The Village may also seek injunctive relief to prevent
the continued violation of this chapter. Each day the violation continues
shall be a separate violation.
