Chapter 159, NOISE

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Chapter 159, NOISE

GENERAL REFERENCES

Dogs and other animals -- See Ch. 85.

Public entertainment -- See Ch. 97.

Parks and recreation areas -- See Ch. 163.

Peddling and soliciting -- See Ch. 171.

§ 159-1. Purpose; findings

It is the declared purpose of the Village Board of Trustees to prevent unreasonably loud, disturbing and unnecessary noise. It is the intention of the Village Board of Trustees to reduce the noise level within the Village of Ilion so as to preserve, protect and promote the public health, safety and welfare and to foster maintenance, peace and quiet within the village by the inhabitants and transients within the Village of Ilion. The Village Board finds that every person is entitled to have maintained noise levels which are not detrimental to life, health and enjoyment of property and that excessive and unnecessary noise within the Village of Ilion affects and is a menace to the public health, safety and welfare and the comfort of the people of the Village of Ilion.

§ 159-2. Unreasonable and unnecessary noise prohibited

No person shall make, cause or permit to be made any unreasonable noise within the geographical boundaries of the village or within those areas over which the village has jurisdiction. Further, no person shall operate or play or cause to be operated or played any radio, jukebox, mechanical musical instrument, musical instrument, loud-speaking device, amplified sound-producing device or any other related sound-producing device whereby sound therefrom is cast or propelled upon the public streets and places in the village or upon adjoining neighboring or other buildings and premises therein which either annoys, disturbs, injures or endangers the peace, repose, comfort, health or safety of a reasonable person of normal sensitivities upon the public streets or public places in the village or persons in or upon neighboring or other buildings and premises is disturbed.

§ 159-3. Disturbance deemed a nuisance

The disturbance of the peace, repose, comfort, health or safety of a reasonable person of normal sensitivities upon public streets or places in the village or persons in or upon neighboring or other premises shall be deemed a nuisance and may be abated forthwith.

§ 159-4. Exceptions

A. The provisions of §§ 159-2 and 159-3 shall not apply to the lawful use of horns or other warning devices used upon motor vehicles for the purpose of warning the traveling public or to church and school bells and chimes and chimes on public clocks. Further, said provisions shall not apply to the use of loudspeakers and other sound devices in connection with all lawful assemblies and election campaigns or by the Village of Ilion, its officers, servants and employees in performing its public duties.

B. Limited exception. Likewise, the provisions of §§ 159-2 and 159-3 shall not apply to fraternal organizations, clubs or lodges and business establishments which use amplified sound-producing devices for normal business functions and/or entertainment purposes, only so long as such projected noise ceases by 12:00 midnight on weekdays and by 2:00 a.m. on weekends. Noise continued beyond the time limits set forth shall not be excepted from §§ 159-2 and 159-3.

§ 159-5. Permits required for loudspeakers

A. The use of loudspeakers and other sound devices in connection with lawful assemblies and election campaigns shall be permitted only upon written permission of the Village Clerk upon application duly made prior to such use or proposed use, stating the time when and place where the use thereof is contemplated. While applications for lawful assemblies and election campaigns shall be granted, reasonable time, place and manner restrictions may be placed upon granted applications.

B. Exceptions. This permit requirement shall not apply to fraternal organizations, clubs or lodges and business establishments which use amplified sound-producing devices for normal business functions and/or entertainment purposes, provided that such establishments comply with the time limitations set forth in this chapter.

§ 159-6. Penalties for offenses

Quasi-criminal. Any person committing an offense against any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable for each offense by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment for not more than fifteen (15) days, or both.