[HISTORY: Adopted by the Board of Trustees of the Village of Alexandria Bay 6-20-1978 as L.L. No. 3-1978. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise between the hours of 8:00 p.m. and 6:00 a.m. which either annoys, injures or endangers the comfort, repose, health or safety of others or to make, continue or cause to be made or continued, between the hours of 8:00 p.m. and 6:00 a.m., whether in the operation of any machine or the exercise of any trade or calling or otherwise, any noise which either annoys, injures or endangers the comfort, repose, health or safety of others, unless the making and continuing of the same is necessary for the protection or preservation of property or of the health, safety, life or limb of some person.
A person who produces a loud, unnecessary or unusual noise level of 88 decibels or more on the A scale shall be deemed to make or create a loud, unnecessary or unusual noise.
Sound pressure levels in decibels shall be measured on an A scale of a standard sound-level meter having the characteristics defined by the American Standards Association Specification S1.4-1961, General Purpose Sound-Level Meter.
The microphone should be placed at a distance of 10, plus or minus two, feet from the building, dwelling or person creating or producing loud, unnecessary or unusual noise.
It shall be unlawful for any person, without a written permit from the Mayor, to use, play or perform upon any bugle, hand organ or barrel organ, barrel accordion, barrel piano, hurdy-gurdy or other musical or wind instrument upon any street or any public place in the village. The fee for such permit shall be $25 per day. It shall be unlawful for any person using or performing upon such musical instrument to solicit, ask or request any money for such use or performance in any way, shape or manner, directly or indirectly. No person shall use or perform upon such instruments in any streets or public place before the hour of 9:00 a.m. or after the hour of 6:00 p.m. or during any part of the first day of the week, commonly called "Sunday," or within a distance of 500 feet of any school, house or public worship during school hours or hours of public worship, respectively, or within a distance of 500 feet of any courthouse, public house, hospital, asylum or other public institution or within a distance of 250 feet of any tenement or apartment house or dwelling when directed or requested by any occupant thereof to refrain or discontinue using or performing upon such instrument.
Any violation of the provisions of this chapter shall, upon finding of guilt, subject the offender to a fine in an amount not to exceed $250 and/or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each day of continued violation shall constitute a separate offense.