[HISTORY: Adopted by the Board of Trustees of the Village of East
Aurora 12-3-2001 by L.L. No. 7-2001 (Ch.
69, Sec. 69-12, of the 1972 Code). Amendments noted where applicable.]
The making and creating of disturbing, excessive, or offensive noises
within the limits of the Village are a detriment to the public health, safety
and welfare of the residents. 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 chapter is to be construed
liberally, but it is not intended to be construed so as to discourage the
enjoyment by residents of normal 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 chapter, unreasonable
noise is any disturbing, excessive, or offensive sound that disturbs a reasonable
person of normal sensitivities. The following acts are declared to be prima
facie evidence of a violation of this chapter. The enumeration shall not be
deemed exclusive.
A.
Any unnecessary noise from any source between the hours
of 11:00 p.m. and 7:00 a.m. the following day.
B.
Noise from a dog or other pet animal that is continuous
and exceeds 30 minutes.
[Amended 3-14-2006 by L.L. No. 1-2006]
C.
Noise from a burglar alarm or other alarm system of any
building or motor vehicle which is continuous and exceeds 15 minutes.
D.
Noise from any sound reproduction system, operating or
playing any radio, portable radio or tape player, television, tape deck or
similar device that reproduces or amplifies sound in such a manner as to be
heard 100 feet from its source or over any property line.
E.
The erection, 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 public safety and emergency.
F.
The outdoor operation of power equipment, except for
properly muffled lawn mowers and snowblowers between 10:00 p.m. and 7:00 a.m.
the following day.
G.
The sounding of any horn or signaling device of any automobile,
motorcycle or other vehicle for any unnecessary or unreasonable period of
time.
H.
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.
The provisions of this chapter shall not apply to the following:
A.
The sound created by any governmental agency or by the
use of public warning devices.
B.
Noise from municipally or school sponsored celebrations
or events.
C.
Noise from individually sponsored event where a special
permit for public assembly or other relevant permission has been obtained
from the Village.
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, provided such operation or
use does not occur between the hours of 10:00 p.m. and 8:00 a.m.
E.
The sound created by public utilities in carrying out
the operation of their function.
Any person who violates any provision of this chapter shall be guilty of a violation and shall be subject to a fine as provided for in § 171-5. The Village may also seek injunctive relief to prevent the continued violation of this chapter.
[Added 9-11-1972; amended 1-7-1985
by L.L. No. 1-1985; 12-3-2001 by L.L.
No. 7-2001; 3-14-2006 by L.L.
No. 1-2006]
Violations of any of the provisions of this chapter shall be punishable
by a fine of not more than $250 or by imprisonment for not more than 15 days,
or both. Each day's continuance of a violation after notice shall be
deemed a separate and distinct violation and shall be punishable accordingly.
