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PART II, GENERAL LEGISLATION
Chapter 114, NOISE

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls 10-12-1970. Amendments noted where applicable.]

§ 114-1. Unnecessary noise prohibited; nuisance noise.

A. The creation of any unreasonably loud, disturbing and unnecessary noise in the village is prohibited. Unnecessary noise of such character, intensity or duration as to endanger public comfort, peace or repose or to be detrimental to life or health of residents of the village is declared to be a nuisance and is prohibited.

B. A violation of this chapter is hereby declared to be a nuisance within the meaning of this section, but such a numeration shall not be deemed to be exclusive.

§ 114-2. Motor vehicles: squealing of tires.

A. Improper noise or disturbance prohibited. No person shall make, aid, countenance or assist in making noise or disturbance or operate a motor vehicle, motorcycle, minibike or any other motorized vehicle in such a manner as to cause excessive squealing or other excessive noise of the tires or engine of said vehicle on the sidewalks, streets or highways of the Village of Honeoye Falls.

B. Improper noise defined. "Excessive squealing or other noise from the tires or engine of said vehicle" is hereby defined as any noise of the engine or squealing of the tires of a vehicle caused by an unwarranted or unusual acceleration or deceleration of the motor vehicle or in making a turn with said vehicle in such a manner as to cause squealing of the tires.

§ 114-3. Vehicles.

No person shall use an automobile, motorcycle, bus or vehicle so out of repair or so loaded in any manner as to create loud or unnecessary grating, grinding, rattling or other noise.

§ 114-4. Animals and birds.

No person shall keep any animal or bird which, by causing loud and frequent or loud and long-continued noise, disturbs the comfort or repose of residents in the vicinity.

§ 114-5. Radios, phonographs, record players, amplifiers and musical instruments.

No person shall operate or play any radio, phonograph, record player, amplifier or any musical instrument in such manner or with such volume, at any time, particularly during the hours between 11:00 p.m. and 7:00 a.m., as to annoy the quiet, comfort or repose of residents of the village.

§ 114-6. Bells.

No person shall sound or cause to be sounded any loud or raucous bells or gongs attached to any building or premises which disturb the quiet or repose in the vicinity thereof.

§ 114-7. Sound-producing devices.

A. No person shall erect, install or use any reproducing instrument, broadcaster, radio, amplifier or conveyer of sound which produces loud or raucous noise on or over the streets or public places within the Village of Honeoye Falls for the purpose of advertising any goods, wares or merchandise or any meeting, entertainment or event or for the purpose of attracting the attention or inviting the patronage of any person to any business whatsoever or to any meeting, entertainment or event or for any other purpose.

B. The provisions of this section shall not be construed to prevent any funeral procession or religious ceremony; nor shall the terms of this section be construed to prevent the production of music in connection with any parade authorized under any provision of law; nor shall this section prevent any musical performance upon any public street or place where authorized by law for such purpose; nor shall this section prevent the use of amplifiers or other sound-producing instruments in connection with any athletic competition or recreational event held on athletic fields, stadiums or public parks; nor shall such provisions apply to police or fire apparatus while used in the performance of public duty.

§ 114-8. Peddlers and vendors.

The unreasonable and unnecessary sounding and crying out of peddlers, hawkers and vendors which disturbs the quiet and peace of the neighborhood is prohibited.

§ 114-9. Loading and unloading.

A. No person shall create or cause to be created a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

B. The creation of loud and excessive noise in connection with the handling of ash, trash and garbage cans, either in loading or unloading, and whether full or empty, is prohibited.

§ 114-10. Discharge of exhausts.

No person shall discharge or cause to be discharged into the open air the exhaust of any steam engine or stationary internal combustion engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

§ 114-11. Compressed air devices.

No person shall use or cause to be used any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced.

§ 114-12. Construction.

No person shall create or cause to be created loud or excessive noise in connection with the erection, including excavation, demolition, alteration or repair of any building or structure.

§ 114-13. Institutions.

No person shall create or cause to be created any excessive noise on any street adjacent to any school, institution of learning or court, while the same are in session, or adjacent to any nursing home or hospital which unreasonably interferes with the working of such institutions.

§ 114-14. Construal of provisions.

Nothing in this chapter shall be construed to conflict with any law of the State of New York that may govern or control any of the subject matters contained in this chapter.

§ 114-15. Penalties for offenses.

A. Any person who commits or permits any act in violation of this chapter shall be deemed to have committed an offense against such chapter, and upon conviction thereof shall be subject to a fine of not more than two hundred fifty dollars ($250.) or imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment.

B. Each act committed in violation of any provision of this chapter shall constitute a separate additional violation.


 

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