[HISTORY: Adopted by the Village Board of the Village of
Fredonia as Sec. 11-2-7 of the 1995 Code. Amendments noted where applicable.]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud and unnecessary noise.
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this section, but this enumeration shall not
be deemed to be exclusive:
A.
Horns, signaling devices. The sounding of any horn or signaling device
on any automobile, motorcycle or other vehicle on any street or public
place in the Village for longer than three seconds in any period of
one minute or less, except as a danger warning; the creation of any
unreasonable loud or harsh sound by means of any signaling device
and the sounding of any plainly audible device for an unnecessary
and unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust and the use of any signaling
device when traffic is for any reason held up.
B.
Radios, phonographs, similar devices. The using, operating or permitting
to be played, used or operated any radio receiving set; musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in a loud and unnecessary manner. The operating of any set,
instrument, phonograph machine or device between the hours of 10:00
p.m. and 7:00 a.m. in a manner as to be plainly audible at the property
line of the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this section.
C.
Loudspeakers, amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which
is cast upon the public streets for the purpose of commercial advertising
or attracting attention of the public to any building or structure.
Announcements over loudspeakers can only be made by the announcer
in person and without the aid of any mechanical device.
D.
Animals, birds. The keeping of any animal or bird which causes frequent
or long continued unnecessary noise.
E.
Steam whistles. The blowing of any steam whistle attached to any
stationary boiler except to give notice of the time to begin or stop
work or as a warning of fire or danger upon request of proper Village
authorities.
F.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motor boat except
through a muffle or other device which will effectively prevent loud
or explosive noises therefrom.
G.
Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building, as well as the operation
of any pile driver, steam shovel, pneumatic hammer, derrick, steam
or electric hoist, or any other similar equipment attended by loud
or unusual noise, other than between the hours of 7:00 a.m. and 10:00
p.m. on weekdays and Saturdays; provided, however, the Village Marshal
shall have the authority, upon determining that the loss of inconvenience
which would result to any party in interest would be extraordinary
and of such nature as to warrant special consideration, to grant a
permit for a period necessary within which time such work and operation
may take place within the hours of 10:00 p.m. to 7:00 a.m.
[Amended 8-16-2018 by Ord. No. 2018-05]
(1)
Schools, courts, churches, hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while in use, or adjacent to any hospital, which unreasonably
interferes with the normal operation of that institution, or which
disturbs or unduly annoys patients in the hospital provided that conspicuous
signs are displayed in those streets indicating a school, hospital,
church or court street.
(2)
The provisions of this section shall not apply to:
(a)
Any vehicle of the Village while engaged in necessary public
business.
(b)
Excavations or repairs of streets or other public construction
by or on behalf of the Village, county, or state at night when public
welfare and convenience renders it impossible to perform such work
during the day.
