[HISTORY: Adopted by the Board of Trustees of the Village of Oxford 7-18-1995
by L.L. No. 2-1995; amended in its entirety 10-19-1999
by L.L. No. 3-1999. Subsequent amendments noted where applicable.]
The Board of Trustees finds that:
A.
The making and creating of disturbing, excessive or offensive
noises within the jurisdictional limits of the Village of Oxford 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.
B.
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. The law is to be construed liberally, but it is
not intended to be construed so as to discourage the enjoyment of residents
of normal, reasonable and usual activities.
A.
No person with intent to cause public inconvenience,
annoyance or alarm, recklessly creating a risk thereof, shall cause, allow
or permit to be made unreasonable noise. For the purpose of this chapter,
"unreasonable noise" is any disturbing, excessive or offensive sound that
disturbs a reasonable person of normal sensitivities.
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)
Any unnecessary noise from any source between the hours
of 9:00 p.m. and 7:00 a.m. the following day.
(2)
Noise from a burglar alarm or other alarm system of any
building, motor vehicle or boat which is continuous and exceeds 15 minutes.
(3)
Noise from any sound reproduction system, operating system
or any musical instrument or playing any radio, tape player, television, tape
deck or similar device that reproduces or amplifies sound in such a manner
as to be heard 25 feet from its source or over any property line.
(4)
The construction, 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 pubic safety or emergency.
(5)
The operation of power equipment in residential zones
outdoors between the hours of 9:00 p.m. and 7:00 a.m. the following day and
on weekends between 9:00 p.m. and 8:00 a.m.
(6)
The sounding of any horn or signaling device of an automobile,
motorcycle or other vehicle for any unnecessary purpose or unreasonable period
of time. Said device shall not be used to hail someone.
(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)
The discharge into the open air within the village of
the exhaust of any steam engine, gasoline engine, stationary internal combustion
engine or any other type of engine, motorboat or motor vehicle, except through
a muffler or other device which will effectively prevent loud or explosive
noises therefrom.
(9)
Offering for sale anything by shouting or outcrying upon
the public streets and sidewalks.
(10)
Unnecessary yelling, screaming, hooting, loudly conversing
or singing.
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 a municipally sponsored or permitted celebration
or event.
C.
Noise from individually sponsored events where permission
is received from the Village Board.
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 that is in use at the time
of establishment of this chapter and for any new use, only between the hours
of 7:00 a.m. and 9:00 p.m.
E.
Noise generated by the normal operation and installation
of maintenance of utilities.
F.
Practice session by school bands or loudspeakers used
at organizational, athletic or scholastic events.
G.
Weddings, parades and other organized events which customarily
use motor vehicles and sounding of their horns during 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 and/or a
jail term of 15 days for each offense, and a separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
The Police Department may in its discretion, confiscate the offending device
at the scene of the offense and the return of said device shall be in the
sound discretion of the court. The village may also seek injunctive relief
to prevent the continued violation of this law.
This chapter shall become effective immediately upon filing with the
Secretary of State.
