Local
Law # 1 of 2006
Regulating Noise
Adopted
February 21, 2006
Section
1. Legislative Intent.
The
making and creating of disturbing, or excessive noises within the
jurisdictional limits of the Village of Oriskany Falls 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. 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 is not untended to be construed as to
discourage the enjoyment by residents of normal, reasonable and usual
activities.
The
term "unreasonable noise" means a noise of a type or volume that a
reasonable person, under the circumstances would not tolerate.
Section
2. Prohibited Acts.
A.)
No person with the intent to cause public inconvenience, annoyance or alarm or
recklessly creating a risk thereof shall cause, suffer or allow or permit to be
unreasonable noise. For the purpose of this law 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 law. This enumeration shall not be deemed exclusive.
1.Any unnecessary noise from any
source between the hours of 11PM and 7AM the following day.
2. Noise from a dog or other
domestic animal that is continuous and exceeds fifteen (15) minutes.
3. Noise from a burglar alarm or
other alarm system of any building, motor vehicle, or boat, which is continuous
and exceeds fifteen (15) minutes.
4. Noise from any sound reproduction
system, operating or playing any radio, or portable radio or tape player,
television, tape deck or similar device that reproduces or amplifies sound in
such a manner as to be heard sixty (60) feet from its source or over any
property line.
5. The erection, including
excavation, demolition, alteration or repair of any exterior building between
hours of 9PM and 7AM, except in the case of a public safety and emergency.
6. The operation of gasoline or
electric power equipment in the Village of Oriskany Falls outdoors between the
hours of 9PM and 7AM the following day and on the weekends between 9PM and 8AM,
except in the case of an emergency in using a snow blower.
7. The sounding of any horn or
signaling device of an automobile, motorcycle or other vehicle for any
unnecessary or unreasonable period of time.
8. The making or improper noise or
disturbance or operating an automobile or motorcycle in such a manner to cause
excessive squealing or other excessive noise of the tires.
Section
3. Exceptions.
The provisions of the law shall not apply to the following
acts: a) the emission of sound for the purpose of alerting a person to the
existence of an emergency; b) noise from municipally sponsored celebrations or
events; c) noise from individually sponsored events where permission for public
assembly has been obtained from the Village of Oriskany Falls Board of
Trustees; d) the operation or use of any organ, radio, bells, chimes or other
instrument, apparatus, or device used by any church; e) noise generated by the
installation and maintenance of utilities; f.) noise generated by the effect of
nature.
Section
4. Penalties.
Any
person who violated any provision of this chapter shall be guilty of a
violation and shall be subject to a fine not to exceed twenty-five dollars
($25.00) for each offense. The Village of Oriskany Falls may also seek
injunctive relief to prevent the continued violation of this law.
Section
5. Severability.
If
any word, phrase or part of this local law shall be declared unconstitutional,
the same shall be served from the remainder of this local law, and said
remainder shall continue in full force and effect.
Section
6. Effective Date.
This
law shall become effective immediately upon filing with the Secretary of State.
