[HISTORY: Adopted by the Board of Trustees of the Village
of Buchanan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-4-1971 by L.L. No. 1-1971 (Ch. 40 of the 1971
Code)]
No person, corporation, firm, association or organization shall
operate or cause to be operated any mechanical device known as a "public
address system," "sound truck" or "sound-amplifying equipment," by
means of which the voice, any musical instrument or other sound is
magnified, amplified or projected on any of the streets, ways, parks
and public buildings or places within the Village of Buchanan or in
any place in said Village from which said device is heard on the streets,
ways, public buildings and parks in said Village, for the purpose
of advertising any merchandise, publicizing, announcing public or
private exhibitions, performances, meetings, speeches or events, or
amplifying speeches, addresses, ceremonies, meetings, musical events
or concerts, or otherwise amplifying, projecting and magnifying sound,
without first obtaining a permit from the Village of Buchanan, New
York, to operate and use said device as aforesaid.
Such permit for the operation of said mechanical sound device
specified in the preceding section shall be granted by the Mayor of
the Village or the Chief of Police of the Village, and the granting
and issuing of said permit shall be in the sole discretion of said
Mayor or Chief of Police and shall be issued upon such conditions,
time and places of operation as such officers shall deem proper, and
such permit shall be subject to revocation at any time, in the discretion
of such officers.
The applicant for such permit who has been refused a permit
as hereinabove specified may apply to the Board of Trustees for such
permit at a meeting thereof, and the same may be granted or refused
by said Board.
Any person, firm or corporation violating the provisions of
this article shall, upon conviction, be punishable by a fine not to
exceed $50, and, in addition, such violation shall be deemed disorderly
conduct, and the person convicted shall be deemed a disorderly person.
[Adopted 11-15-1982 by L.L. No. 7-1982 (Ch. 31 of the 1971
Code); amended in its entirety 9-5-2023 by L.L. No. 6-2023]
No person shall cause or permit to be caused, beyond the boundaries
of property owned, leased or otherwise controlled by him or on any
public property, any noise which can be heard by an individual with
normal hearing, specifically any of the following:
A.
Continuous animal noises are prohibited between the hours of 8:00
p.m. and 8:00 a.m.
B.
Construction, demolition and the use of chain saws, lawn mowers,
leaf blowers, and other landscape maintenance equipment are each prohibited
between the hours of 7:00 p.m. and 8:00 a.m. on all days and prohibited
until 10:00 a.m. on Sunday, except in the event of an emergency requiring
immediate construction or demolition.
C.
Radios, televisions, record players, amplified music, tape recorders
and other like devices shall be so modulated as not to annoy or cause
discomfort to surrounding neighbors at any time during the day.
D.
Between the hours of 7:00 p.m. and 8:00 a.m. on all days and prohibited
until the hour of 10:00 a.m. on Sunday, minibikes, snowmobiles and
motorcycles of any description designed for either on- or off-road
use shall not be operated on private property closer than 200 feet
to any residence except the residence of the owner or operator thereof
or any residence to which the owner or operator may be invited.
E.
All other loud or raucous noises likely to annoy or disturb people
are prohibited between the hours of 10:00 p.m. and 8:00 a.m. on Sunday
through Thursday and between the hours of 11:00 p.m. and 8:00 a.m.
on Friday, Saturday and holidays and prohibited until the time of
10:00 a.m. on Sunday.
F.
No internal combustion engine shall be operated at any time or place
in the Village of Buchanan without an adequate muffler designed and
manufactured to suppress exhaust noises to a minimum.
The provisions of this article shall be enforced by the Police
Department of the Village of Buchanan. A noise disturbance, or other
violation of this article, may be substantiated by any of the following:
A.
Sworn affidavits from two or more unrelated persons who reside in
different residences and who are in general agreement as to the times
and durations of the noise; or
B.
Direct observation by an officer or official tasked with enforcement
of this article, which includes, but is not limited to, review of
a Police Officer's body worn camera.
A.
Any person violating any provision of this article shall be guilty
of a violation and, upon conviction thereof, shall be punished by
a fine of $250. Each day shall constitute a separate offense, punishable
by a like fine or penalty as herein set forth. For each subsequent
violation by a person who was previously convicted of the same violation
of this article, and upon conviction thereof, shall be punished by
a fine of $500. Each day shall constitute a separate offense, punishable
by a like fine or penalty as herein set forth.
B.
Notwithstanding the penalties hereinabove provided, the Village of
Buchanan may maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of any provision of this article.
C.
The foregoing provisions for enforcement of the regulations in this
article are not exclusive; they are in addition to any and all laws
applicable thereto.
