While not the complete list, by any means, the police department has more common laws published HERE.
Noise:
3 OF 1984
A Local Law to Prevent Excessive Disturbing Unnecessary or
Unreasonable Noise Within The Village Of Wellsville.
Adopted: 7/23/84
BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF
WELLSVILLE AS FOLLOWS:
SECTION I POLICY AND
PURPOSE:
It is hereby declared to be the policy of the Village of
Wellsville to prevent excessive, disturbing, and unnecessary or unreasonable
noise within the Village. The provisions and prohibitions hereinafter stated
are in pursuance of and for the purpose of preserving, protecting and promoting
public health, comfort, safety, welfare and the peace and quiet of the Village
of Wellsville and its inhabitants.
SECTION II GENERAL
PROHIBITION:
It shall be unlawful for any person to make, continue, aid,
countenance, 'cause to be made or assist in making any excessive, disturbing,
unnecessary or unreasonable noise, except as herein after provided, within the
limits of the Village of Wellsville.
SECTION III STANDARDS:
Standards to be considered in determining whether any sound
existing in a given situation constitutes excessive, disturbing, unnecessary or
unreasonable noise within the prohibition of this Local Law include:
a. The volume
of the noise,
b. The
intensity of the noise,
c. Whether the
noise is usual or unusual,
d. Whether the
origin of the noise is natural or unnatural,
e. The volume
and intensity of background noise, if any,
f. The
proximity of the noise to residential sleeping facilities,
g. The time of
the day or night the noise occurs,
h. The time
duration of the noise,
i. Whether the
sound source is temporary,
j. Whether the
noise is continuous, impulsive or intermittent.
SECTION IV ENUMERATION
OF UNNECESSARY AND UNREASONABLE NOISES:
The following acts, among others, are declared to be
excessive, disturbing, unnecessary and unreasonable noises in violation of this
Local Law, but any enumeration herein shall not be deemed to be exclusive:
a. Horns,
signaling devices, etc.- The sounding of any horn or signaling device on any
automobile, motorcycle or other vehicle (other than an emergency vehicle) on
any street or public place, except as a necessary or reasonable warning.
b. Bands,
musical instruments, radios, etc.- The playing of music by any band, orchestra,
radio, phonograph, musical instrument or other device for the production or
reproduction of sound in such manner as to disturb the peace, quiet and comfort
or neighboring inhabitants or at any time with louder volume than necessary for
convenient hearing for the person or
persons who are voluntary listeners
thereto, except on a special occasion for which permission - of the Village
Board is first obtained, which permission shall specify the date, time and
place that the activity is authorized. The
playing or operating of any such band, instrument or device between the hours
of 10:00 p.m. and 7:00 a.m. without such permission and in a manner as to be plainly audible on adjacent properties shall be prima facie evidence of a violation of
this Local Law.
c. Loudspeakers
and amplifiers for advertising. The using,
operating or permitting to be used or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier or other device
for the production or reproduction of sound which is cast upon the public
streets for the purpose of commercial advertising.
d. Yelling,
shouting, etc.
(1) Yelling,
shouting, hooting, whistling or singing on the public streets or any public
place between the hours of 10:00 p.m. and 7:00 a.m.
(2) Shouting and
crying of peddlers, hawkers and vendors.
e. Guns,
firecrackers, etc.- The firing or discharging of a gun, firecracker, fun
powder, or other explosive substance within the limits of the Village of
Wellsville, except on some special celebration or occasion for which permission
of the Village Board is first obtained, which permission shall specify the
date, time and place that such activity is authorized.
f. Animals- The
keeping or harboring of any animal which by causing frequent, loud or continued
noise shall disturb the comfort or repose of any persons in the vicinity.
g. Exhaust of
engines- The discharge into the open air of the exhaust of any steam engine,
stationery internal combustion engine, air compressor or motor vehicle engine,
except through a muffler or other device which will effectively prevent loud or
explosive noises there from.
h. Noise near a
hospital, etc.- Any excessive noise on any street or highway adjacent to any
public or parochial school or hospital or nursing home, provided that
conspicuous signs are displayed on such
street or highway indicating that the
same is a school or hospital zone.
SECTION V ENUMERATION
OF PERMITTED NOISES:
a. Sound
created by persons engaged in construction work during the hours of 7:30 a.m.
to 8:00 p.m. weekdays, including, but not limited to building, repairing,
grading, leveling and excavating.
b. Sound
created by any government agent or agency by the use of signaling or public
warning devices.
c. Sound
created by lawn mowers or power tools in use between the hours of 8:00 a.m. and
9:00 p.m. weekdays and 10:00 a.m. and 8:00 p.m. on Sundays.
d. Sound
created by public utilities in carrying out the operation of their franchise.
e. Sounds
connected with sporting or other authorized events of any public or private
school.
f. Sounds
necessarily connected with special events for which permission of the Village
Board has been obtained, which permission shall specify the date, time and
place that the activity is authorized.
SECTION VI SEVERABILITY:
If any clause, sentence, paragraph, or part of this Local
Law shall be adjudged by any Court of competent jurisdiction to be invalid,
such determination shall not effect, impair or invalidate the remainder of this
Local Laws
SECTION VII PENALTIES:
Any person who shall violate any of the provisions of this
Local Law shall, upon conviction, be subject to a fine not to exceed the sum of
Two Hundred Fifty dollars ($250.00) or to imprisonment in the County Jail for a
period not to exceed fifteen (15) days or to both such fine and imprisonment. The
continuation of a violation of this Local Law shall constitute a separate and
distinct offense hereunder for each twenty-four (24) hour period that the
violation is continued.
