§ 57-3. Prohibited noises.

A. 

Findings. It is found and declared that the making and creation of unreasonably loud, unnecessary, disturbing or unusual noises within the limits of the Village of Huntington Bay is a condition which has existed for some time, and the extent and volume of such noises is increasing. The making, creation or maintenance of such unreasonably loud, unnecessary, unnatural or unusual noises which are prolonged, unusual or unnatural in their time, place and effect are a detriment to the peace, welfare, comfort, safety, convenience, good order and prosperity of the residents of the Village of Huntington Bay, and the necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy; and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, peace, good order, safety, welfare and prosperity of the Village of Huntington Bay and its inhabitants.

B. 

Prohibition. It shall be unlawful for any person, firm or corporation to make, continue or cause or allow to be made or continued unreasonable noise within the Village of Huntington Bay.

C. 

Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated:

PUBLIC HOLIDAY

New Year's day, Memorial Day, Independence Day, Labor Day, Thanksgiving day and Christmas day.

[Added 4-24-2017 by L.L. No. 7-2017]

UNREASONABLE NOISE

(1) 

Any noise of a type or volume that a reasonable person of normal sensitivities would not tolerate at the time, place and under the circumstances that the noise is made.

(2) 

In addition to the definition contained in Subsection C(1), any noise enumerated in § 57-3D is hereby declared to constitute unreasonable noise in violation of this chapter.

D. 

Unnecessary noises enumerated. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:

(1) 

Radios, phonographs and television sets: the using, operating or permitting to be played, used or operated of any television or radio receiving set, musical instrument, phonograph or other machine or device for producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or, at any time, of louder volume than is necessary for convenient hearing of the person or persons who are in the room, vehicle, chamber or area in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at a distance of 100 feet from the building, structure, vehicle or area in which it is located shall be prima facie evidence of a violation of this section.

(2) 

Horns and signaling devices: the sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the Village of Huntington Bay, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except the one operated by hand or electricity; the use of any horn, whistle or other device operated by engine or exhaust; and the use of any such signaling device when traffic is for any reason held up.

(3) 

Yelling and shouting: yelling, shouting, hooting, whistling or singing on any public street, sidewalk, or premises open to the public, or any public property, when intentionally done to create or recklessly creating a risk of public annoyance, alarm or inconvenience.

(4) 

Exhausts: the discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(5) 

Defect in vehicle or load: the use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.

(6) 

Pile drivers and hammers: the operation before 8:00 a.m. and/or after 5:00 p.m., and on Saturday, Sunday or any public holiday, of any pile driver, steam shovel, pneumatic hammer, derricks, steam or electric hoist or other such equipment, the use and/or operation of which is attended by loud or unusual noise.

[Amended 4-24-2017 by L.L. No. 7-2017]

(7) 

The operation of any construction equipment or construction or repairing of buildings: the erection (including excavating), demolition, alteration or repair of any building, which work occurs before 8:00 a.m. and/or after 5:00 p.m. or on Saturday, Sunday or any public holiday, except in the case of a public emergency and in the interest of public health and safety and then only with the permission of the Mayor or the Police Commissioner or the Chief of Police.

[Amended 3-8-2004 by L.L. No. 3-2004; 4-11-2016 by L.L. No. 3-2016; 4-24-2017 by L.L. No. 7-2017]

(8) 

Motorized landscaping or power-washing equipment.

[Amended 4-11-2016 by L.L. No. 3-2016; 4-24-2017 by L.L. No. 7-2017]

(a) 

The operation of any landscaping equipment, including but not limited to, lawn mowers, leaf-blowing devices, chippers, string trimmers, weed eaters, weed whackers, lawn edgers, tillers, dethatchers, and chain saws, or any power-washing equipment, the operation of which is powered by an internal combustion, electric or battery-powered motor, prior to 8:00 a.m. or after 7:00 p.m. shall be deemed unnecessary noise.

(b) 

Notwithstanding the provisions hereof Subsection D(8)(a), the operation of any such motorized landscaping or power-washing equipment by any commercial landscaping or contracting service between the hours of 5:00 p.m. and 8:00 a.m. on Monday through Friday, and before 8:00 a.m. or after 2:00 p.m. on Saturday and all day on Sunday or any public holiday, shall be deemed unnecessary noise, except in the case of an emergency or in the interest of public health and safety and then only with the permission of the Mayor or the Police Commissioner or the Chief of Police.

(9) 

Loudspeakers: the operation of any loudspeakers or any speaker systems or any device for the production of reproduction of sound, in a manner that creates public annoyance, alarm or inconvenience or which a reasonable person of normal sensitivities would not tolerate at the time and place and under the circumstances the noise is made.

[Amended 4-11-2016 by L.L. No. 3-2016; 4-24-2017 by L.L. No. 7-2017]

(10) 

Animals and birds: the keeping of any one or more animals or birds whose noise, by virtue of loudness, duration, frequency or intensity, causes public inconvenience, annoyance or alarm; or creates noise which a reasonable person of normal sensitivities would not tolerate at the time and place and under the circumstance that the noise is made.

[Amended 4-11-2016 by L.L. No. 3-2016; 4-24-2017 by L.L. No. 7-2017]

(a) 

Any animal or bird noise occurring between 7:00 p.m. and 8:00 a.m., and plainly audible at a distance of 100 feet from the place of origination of the noise, shall be prima facie evidence of a violation of this chapter.

(b) 

Any animal or bird noise occurring for any continuous period of five minutes or more, or an aggregate of 15 minutes or more in any eight-hour period, when such noise is plainly audible inside any portion of a dwelling or residence other than the place where the noise originated, shall be prima facie evidence of a violation of this chapter.

(11) 

The operation of any commercial landscaping services between the hours of 5:00 p.m. and 8:00 a.m. on Monday through Friday, and before 8:00 a.m. or after 2:00 p.m. on Saturday and all day Sunday, except in the case of an emergency or in the interest of public health and safety and then only with the permission of the Mayor or the Police Commissioner or the Chief of Police.

[Amended 3-8-2004 by L.L. No. 3-2004; 6-8-2015 by L.L. No. 2-2015]

E. 

Regulation of amplifiers, loudspeakers or public-address systems.

(1) 

Findings. It is found and declared that the use or operation of any device or apparatus for the amplification of sounds from any radio, phonograph or other sound-producing device or any device or apparatus for the reproduction or amplification of the human voice or other sounds on any public street or outside any building, place or premises near any building or on any place adjacent to a public street or place, or in or upon any vehicle being operated or standing on a public street or place where the sound therefrom may be heard upon any public street or place from any stand, platform or any other structure, is detrimental to the health, welfare and safety of the inhabitants of the Village; and, further, that such use or operation disturbs the public peace and comfort and the peaceful enjoyment by the people of the Village of their rights to use the public streets, places for streets and other public purposes and disturbs the peace, quiet and comfort of a neighboring inhabitant.

(2) 

As used in this section, the following terms shall have the meanings indicated:

SOUND DEVICE OR APPARATUS

Any radio device or apparatus or any device or apparatus for the amplification of any sound from any radio, phonograph or other sound-making or sound-producing device or any device or apparatus for the reproduction of or amplification of the human voice or other sounds.

F. 

Penalties for offenses. Any person, firm or corporation who violates any section of this chapter on prohibited noises shall be deemed guilty of a violation and, upon conviction thereof, shall be punished by a fine not less than $50 and not more than $250 for a conviction on a first offense and by a fine of not less than $150 and not more than $1,000 or by imprisonment not in excess of 15 days, or both, for a conviction on each subsequent offense.

[Amended 1-14-2002 by L.L. No. 2-2002]