[HISTORY: Adopted by the Board of Trustees of the Village of Springville 11-19-1979 as Ch. 100 of the 1979 Code. Amendments noted where applicable.]
No person or persons shall:
Stand, sit, lounge upon, be or remain in or upon any public street, sidewalk, bridge, parking lot, walkway or thoroughfare in any manner which may obstruct or interfere with the free and uninterrupted passage of any person lawfully using the same.
Stand, sit, lounge upon, be or remain at or upon any sidewalk, driveway, entranceway, doorway, platform or stoop, attached or adjacent to any building or dwelling, without the express permission of the owner or occupant of such building or dwelling, unless engaged in the conduct of legitimate business thereat.
Stand, sit, lounge, be or remain at or in any sidewalk or entranceway, passageway, hallway or vestibule to or in any church, hall, theater, school or public building or place in any manner which may disturb, obstruct or interfere with any person lawfully present thereat or lawfully entering or leaving the same.
No person shall use or engage in language, gestures or conduct which is offensive, threatening, abusive, insulting, vulgar or profane on or in any public street, public gathering, school, church, theater, hall or public building or place.
[Amended 11-18-2002 by L.L. No. 4-2002]
Intent of section. The making and creating of disturbing, excessive or offensive noises within the jurisdictional limits of the Village of Springville is a condition which has persisted, and the level and frequency of occurrences of such noises continue 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 section 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.
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 section, unreasonable noise is any unusual, excessive or offensive sound that would disturb a reasonable person of normal sensitivities under the same circumstances.
Among the factors to be considered in making a judgment as to whether a particular sound constitutes unreasonable noise are the following:
The volume of the sound;
The frequency of the sound;
The periodicity of the sound;
Whether the sound is unusual and incongruous with the surrounding environment;
The volume and frequency of any ambient sound;
The use, nature and character of the immediate area where the sound source exists;
The time of day or night when the sound occurs;
The duration of the sound;
The following acts are declared to be prima facie evidence of a violation of this section. This enumeration shall not be deemed exclusive.
Any unnecessary noise from any source between the hours of 11:00 p.m. and 7:00 a.m. the following day.
Noise from a dog or other pet animal which is continuous and exceeds 15 minutes.
Noise from a burglar alarm or other alarm system of any building, motor vehicle, or boat which is continuous and exceeds 15 minutes.
Noise from any sound reproduction system, operating or playing any radio, portable radio or tape player, television, CD player 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.
The erection, including excavation, demolition, alteration or repair of any building other than between 7:00 a.m. and 9:00 p.m., except when the public safety requires emergency action as reasonably determined by the Code Enforcement Officer.
The operation of power equipment in residential zones outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following day, and on weekends between 10:00 p.m. and 8:00 a.m.
The operation, repair, rebuilding, modifying or testing of any motor vehicle, all-terrain vehicle, snowmobile, motorcycle, motorboat, go-cart, minibike or other vehicle on any property adjacent to property being used for residential purposes so as to disturb the quiet, comfort or repose of a reasonable person of normal sensitivities.
The sounding of any horn or signaling device of an automobile, motorcycle or other vehicle for any unnecessary reason or unreasonable period of time.
The making of improper noise or disturbance by operating any motor vehicle, automobile, all-terrain vehicle, snowmobile, motorcycle or other vehicle or machine in such a manner as to cause excessive, unusual, loud, intrusive or unnecessary squealing, motor noise or other excessive, unusual, loud, intrusive or unnecessary noise.
Offering for sale anything by shouting or outcrying upon the public streets and sidewalks or the use of any instrument or device for the purpose of attracting attention to any sale or display of merchandise by the creation of noise.
Exceptions. The provisions of this section shall not apply to the following acts:
The emission of sound for the purpose of alerting persons to the existence of an emergency;
Noise from municipally sponsored celebrations or events;
Noise from individually sponsored events where a permit for public assembly or other relevant permission has been obtained from the Village;
The operation or use of any organ, bell, chimes, or other such instrument, apparatus, or device at any church, synagogue, or other place of religious worship, or at a school licensed or chartered by the State of New York, provided such operation or use does not occur between the hours of 10:00 p.m. and 8:00 a.m.;
Necessary noise generated by the installation and maintenance of public utilities.
Noise created by lawnmowers, snow blowers or other real property maintenance equipment when used for its intended purpose;
Noise generated at a sporting event of any organized league or public or private school or generated at a carnival, festival, fair, exhibition or parade authorized or sponsored by the Village of Springville or other governmental entity having jurisdiction thereof.
Penalties for offenses.
Any person who violates any provision of this section or harbors or owns any animal which creates a violation of this section shall be guilty of a violation and shall be subject to a fine not to exceed $250 for each offense. Each day that a violation occurs shall be deemed a separate offense punishable as such. The Village of Springville may also seek injunctive relief to prevent the continued violation of this section.
The owner of any real property and any person in control thereof when anything in violation of this section occur shall be guilty of a separate violation and, upon conviction thereof, shall be fined as herein provided.
The word "person" in this section shall include an individual, partnership, unincorporated association and corporation.
Severability. If any word, phrase, or part of this section shall be declared unconstitutional, the same shall be severed and separated from the remainder of this section, and said remainder shall continue in full force and effect.
No person shall intrude or enter upon the property of another without the permission of the owner or lawful occupant thereof, unless able to explain his presence thereon or therein, as the case may be, to the satisfaction of such owner or lawful occupant.
[Added 10-20-2003 by L.L. No. 9-2003; amended by 2-6-2017 by L.L. No. 1-2017]
All Village-owned park and recreation facilities, namely Fiddlers Green Park at Franklin and North Buffalo Streets, Eaton Park (the tennis courts and spray park on North Central Avenue and Franklin Street), Shuttleworth Park off South Buffalo Street between the public parking lot and Spring Brook, Heritage Park at 65 Franklin and the 1.8 mile Pop Warner Rail Trail (which is the B&P Rail Corridor within the Village limits) shall be closed to the public at times to be posted at each location, as determined by resolution of the Village Board.
The period that such facilities are closed to the public may be modified by resolution of the Board of Trustees in individual cases for public or private events permitted by the Board.
It shall be unlawful for any person to be in a Village park or recreation facility at any time during the period that such facility is closed to the public. Motor vehicles, snowmobiles on the Pop Warner Rail Trail excepted, shall at all times be prohibited from these locations.
[Amended 7-15-2019 by L.L. No. 9-2019]
This section, § 125-5, shall not apply to the Village's contractors, officers or employees while engaged in the performance of their Village duties.
Rules and regulations for each individual park or recreational facility may be established by resolution of the Village Board.
A notice of the prohibition and rules and regulations authorized or contained in this section shall be conspicuously posted at each Village park and recreation facility.