Chapter 201

Chapter 201

NOISE

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 11-14-1983 by L.L. No. 5-1983. Amendments noted where applicable.]

GENERAL REFERENCES

Amusements — See Ch. 85.

Animals — See Ch. 89.

Firearms and fireworks — See Ch. 147.

Parks — See Ch. 209.

Peace and good order — See Ch. 213.

~ 201-1. Title.

  This chapter shall be entitled and known as the “Noise Control Law of the Village of Fredonia.”

~ 201-2. Purpose and findings. [Amended 12-8-2003 by L.L. No. 7-2003]

  It is the policy of the Board of Trustees of the Village of Fredonia to maintain the peace and quiet of the residential areas of the Village of Fredonia. Unreasonable noise is determined by the Board of Trustees to be a hazard to the public health, welfare and safety and to the quality of life of the residential areas of the Village of Fredonia. It is further declared that the provisions hereinafter contained and enacted are in pursuance of and for the purpose of preserving, protecting and promoting the public health, safety and welfare and the peace and quiet of the Village of Fredonia.

~ 201-3. Definitions and word usage.

     A. As used in this chapter, the following terms shall have the meanings indicated:

                        AUDIBLE — Sound which is loud enough to be heard by a person.

                        KNOWINGLY — The same as defined in ~ 15.05, Subdivision 2, of the Penal Law of the State of New York.

                        PERSON — A human being and, when appropriate, a public or private corporation, an unincorporated association or a partnership.

                        PREMISES — An apartment, building or parcel of land; however, when the restricted sound originates from an apartment, “premises” shall mean apartment only.[1] 

                        RESTRICTED SOUNDS — Sounds emanating from the following sources:

                        (1)        The playing of music by any band or orchestra.

                        (2)        The playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, speaker or similar device which produces, reproduces or amplifies sound.

                        (3)        The ringing of bells, sounding of gongs or blowing of any whistle, horn or signaling device, except burglar alarms in any building or necessary warning signals upon a motor vehicle or bicycle or motorcycle.

                        (4)        Shouting or yelling, unless necessary for protection of life or property.

                        (5)        Operation of any motor vehicle (which shall include, but not limited to, automobiles, motorcycles, all-terrain vehicles, or any other self-propelled vehicle with wheels) on any street or private property within the Village of Fredonia: [Amended 12-8-2003 by L.L. No. 7-2003]

                                    (a)        Not equipped with a muffler, exhaust system or other sound-restrictive device in good working order and in constant operation; or

                                    (b)        Without an adequate muffler or exhaust system in violation of Vehicle and Traffic Law ~ 375, Subdivisions 31, 31-a and 31-b; or

                                    (c)        Sounds emanating from radios, sound amplifier or similar device, from any such motor vehicle, not including horns being used for traffic safety purposes;

                                    (d)        Sounds emanating from truck engine compression brakes, also known as “jake brakes.”

                        (6)        Operation of any snowmobile. The term “snowmobile” shall be defined the same as in ~ 2221(1) of the Vehicle and Traffic Law of the State of New York. [Added 12-8-2003 by L.L. No. 7-2003]

                        (7)        Sounds emanating from industrial or commercial establishments and operations. [Added 11-26-2007 by L.L. No. 5-2007]

                        (8)        Sounds emanating from nonemergency construction or maintenance operations. [Added 11-26-2007 by L.L. No. 5-2007]

                        UNREASONABLE NOISE — Any restricted sound, as defined by this chapter, originating in the Village of Fredonia which is excessive or unnecessary and annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a person or persons of reasonable sensitivity. Elements to he considered in determining whether noise is unreasonable include, but may not be limited to, the following: [Amended 12-8-2003 by L.L. No. 7-2003; 11-26-2007 by L.L. No. 5-2007]

                        (1)        The intensity or loudness of the noise.

                        (2)        The intensity or loudness of the background (ambient) noise.

                        (3)        Time of day and effect of the noise upon residences, hotels, motels and other sleeping facilities.

                        (4)        The designated land use or character of the area from which the noise emanates.

                        (5)        The duration of the noise.

     B. All other words or terms used in this chapter shall have the meaning normally ascribed to such word or term.

~ 201-4. Unlawful acts.

     A. No person shall make, contrive, cause to be made or assist in making any unreasonable noise.

     B. No person who is a tenant or subtenant of a house or apartment or any person having any control or authority over said building or apartment shall knowingly permit, suffer or allow unreasonable noise to exist within such building or apartment or in any other area which the tenant or subtenant has authority to use or occupy.

     C. No person who is an owner of real estate or an agent of such owner shall knowingly permit, suffer or allow unreasonable noise to exist within such real estate.

     D. No person shall cause sound or vibration to emanate from a motor vehicle which may be plainly heard at a distance of more than 30 feet from said vehicle. [Added 11-26-2007 by L.L. No. 5-2007]

~ 201-5. Prima facie evidence of unreasonable noise. [Amended 12-8-2003 by L.L. No. 7-2003]

  Any restricted sound which is plainly audible during the hours between 10:00 p.m. and 7:00 a.m. and at least 30 feet from the premises from which the sound originates or at least 30 feet from the motor vehicle (no hour limitation) from which the sound originates shall be prima facie evidence that such sound is unreasonable.

     A. Note 1: “Prima facie” means sufficient to establish the presumption that noise was unreasonable without further evidence.

     B. Note 2: This section does not imply that noise is reasonable if not within the purview of this section. Unreasonable noise is prohibited within the Village at all times if it meets the definition of “unreasonable noise” as defined by this chapter and is not listed as an exception by this chapter.

~ 201-6. Presumption of guilt. [Amended 11-26-2007 by L.L. No. 5-2007]

  Any person present in any apartment or portion of a building or operating a commercial or industrial establishment or a motor vehicle from which unreasonable noise emanates shall be presumed to have made or assisted in making the unreasonable noise.

~ 201-7. Exceptions. [Amended 11-26-2007 by L.L. No. 5-2007]

  The provisions of this chapter shall not apply to the following:

     A. Music in connection with any military, civic or other parade authorized by the Village Board of Trustees or any musical performance conducted by consent of the Board of Trustees.

     B. Sounds emanating from any municipal, federal or state vehicle, equipment, building or employee or agent or contractor thereof, provided that said sounds are within the scope of work thereof.

     C. Sounds created by public utilities in carrying out their operations.

     D. Church bells which are rung to signal church services.

~ 201-8. Penalties for offenses.

  Any person violating ~ 201-4 of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.

[1] Editor’s Note: The definition of “residential area,” which immediately followed this definition, was repealed 12-8-2003 by L.L. No. 7-2003.