(A) Noise that emanates from private property.
(1) Unreasonable noise prohibited.
(a) It shall be a violation of this section for a person, after having been warned to desist, to make or assist in making any noise tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof, unless the making and continuing of the same cannot be prevented, or is necessary for the protection or preservation of property, or of the health, safety, life or limb of some person.
(b) It shall be a defense to this section that noise consists of speech or other communications, of gathering with others to hear or observe such speech or communication, or gathering with others to picket or otherwise express any non-violent manner a position on social, economic, political, or religious questions.
(2) Enumeration of certain prohibited acts. The following acts, uses or noises, among others, subject to the specific exemptions provided herein, are declared to be unreasonable noise in violation of this section. Such enumeration shall not be deemed to be exclusive:
(a) Using, operating, or permitting to be played, used, or operated any machine or device for the producing or reproducing a sound in such a manner as to unreasonably disturb the peace, quiet, or comfort of the neighboring inhabitants, after having been warned to desist.
(b) Using, operating, or permitting to be played, used or operated any machine or device whether producing or reproducing a sound on any public right-of-way adjacent to any school, church, court, or governmental building, while the same are in use, which unreasonably interferes with the workings with such institution, after having been warned to desist.
(B) Noise that emanates from public property.
(1) Prohibited noise. No person shall play, use, operate or permit to be played, used or operated, any machine or device for the producing or reproducing of sound, if it is located in or on any of the following:
(a) Any public property, including any public right-of-way, highway, building, sidewalk, park or thoroughfare, if the sound generated is audible at a distance of 30 feet from its source; or
(b) Any motor vehicle on a public right-of-way, highway, or public space if the sound generated is audible at a distance of 30 feet from the device producing the sound.
(C) Exemptions.
(1) The following shall be exempted from the provisions of this section.
(a) Sound emitted from sirens of authorized emergency vehicles.
(b) Lawn mowers, between the hours of 8:00 a.m. and 9:00 p.m.
(c) Burglar alarms or other warning devices when properly installed on publicly or privately owned property, providing the cause for such alarm or warning device sound is investigated and turned off within a reasonable period of time.
(d) Attendant noise connected with the actual performance of athletic or sporting events and practices related to them.
(e) The emission of sound for the purposes of alerting persons to the existence of an emergency, or for the performance of emergency work.
(f) Sounds associated with normal conduction of a legally established non-transient business when such sounds are customary, incidental and within the normal range appropriate for such use.
(g) Noise from church bells, and governmental public address systems including those operated by the town.
(h) In the case of motor vehicles, where the noise is the result of a defective or modified exhaust system, if the cause is repaired or otherwise remedied within seven calendar days.
(D) Penalty. Whoever violates any provision of this section, upon adjudication thereof, shall be fined not less than $100, and not more than $500 for each offense. Each day any violation shall continue shall constitute a separate offense. A violation may be admitted before the Ordinance Violation Bureau as provided in the Avilla Town Code within ten days of the violation, in which case the fine shall be the sum of $25.
(Ord. 1342-8-96, passed 8-14-1996; Am. Ord. 1408-6-02, passed 6-18-2002; Am. Ord. 1513-11-11, passed 12-21-2011)
Cross-reference:
Ordinance Violations Bureau, see Chapter 35
Regulation of noise from motor vehicles, see § 71.01
Public Nuisance animals, see § 91.04