[HISTORY: Adopted by the Board of Trustees of the Village of Pittsford
12-9-1992 by L.L. No. 6-1992. Amendments noted where applicable.]
It shall be unlawful and in violation of this chapter to create and/or
suffer, permit and/or allow the creation of any unreasonably loud, disturbing
or unnecessary noise in the village. Noise of such character, intensity or
duration as to endanger the public comfort, peace or repose or to be detrimental
to the life or health of any individual is declared to be a nuisance and is
prohibited.
It shall be unlawful and in violation of this chapter for any person
and/or owner or occupant of property in the village to operate or play or
cause to be operated or played or to suffer, permit and/or allow the operation
or playing of any radio, phonograph or any musical instrument or device in
such manner or with such volume at any time, particularly during the hours
between 11:00 p.m. and 7:00 a.m., as to annoy the quiet, comfort or repose
of persons in any dwelling, hotel or any other type of residence in the village.
It shall be unlawful and in violation of this chapter for any person
to discharge, cause to be discharged and/or suffer, permit and/or allow the
discharge into the open air the exhaust of any engine or motor boat engine,
except through a muffler or other device which will effectively prevent loud
or explosive noise therefrom.
It shall be unlawful and in violation of this chapter for any person
to use, cause to be used and/or suffer, permit and/or allow the use of any
mechanical device operated by compressed air unless the noise created thereby
is effectively muffled and reduced.
A.
Criminal penalty. Any person who violates any provision
of this chapter shall, upon conviction thereof, be subject to a fine not to
exceed $250 or to imprisonment for a term not to exceed 15 days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, by prosecution of the offender as provided in Subsection A of this section or by a civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this chapter nor
a judgment in the pendency of a civil action at law or in equity shall be
a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this chapter
shall not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil action to enjoin or abate a violation
shall be cumulative.
C.
CIVIL PENALTY
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
A penalty not to exceed $250, to be imposed in a civil proceeding
upon proof of a violation of this chapter.
