VILLAGE OF MORAVIA

LOCAL LAW NO. 1 OF 2016

 

REGULATING NOISE WITHIN THE VILLAGE OF MORAVIA

 

Section 1.  Purpose.  

 

This purpose of this local law is to regulate noise within the Village of Moravia,

 

Section 2.  Prohibited Acts.

 

A.    No person, with the intent to cause public inconvenience, annoyance or alarm, or recklessly recreating a risk thereof, shall cause, suffer, allow or permit to be made unreasonable noise.  “Unreasonable noise” is any disturbing, excessive or offensive sound that disturbs a reasonable person of normal sensitivities.

B.    The following acts are declared to be prima facie evidence of a violation of this Local Law.  This enumeration shall not be deemed exclusive.

1.     Any unnecessary noise from any source.

2.     Noise from a burglar alarm or other alarm system of any building, motor vehicle or boat which is continuous and exceeds 15 minutes.

3.     Noise from any sound reproduction system, operating or playing any radio, portable radio or tape player, television, tape deck or similar device that reproduces or amplifies sound in such a manner as to be heard 60 feet from its source or over any property line.

4.     The erection, including excavation, demolition, alteration or repair, of any building other than between 7:00 a.m. and 9:00 p.m., except in case of a public safety emergency.

5.     The operation of power equipment in residential zones outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following day and on weekends between 10:00 p.m. and 8:00 a.m., except in case of public safety emergency.

6.     The sounding of any horn or signaling device of an automobile, motorcycle or other vehicle for any unnecessary or unreasonable period of time.

7.     The making of improper noise or disturbance or operating an automobile or motorcycle in such a manner as to cause excessive squealing or other excessive noise of the tires.

8.     Exhausts and mufflers generally.  Causing or permitting the operation of any device, fan, vehicle, construction equipment, lawn maintenance equipment, including but not limited to any diesel engine, internal combustion engine or turbine engine, that has been modified, or becomes defective, so as to cause the level of sound emitted to be greater than that emitted when originally manufactured, nor shall any person operate said devices, equipment, etc., with the muffler or noise-reduction equipment removed.

Section 3.  Exceptions.

 

The provisions of this Local Law shall not apply to the following acts:

A.    The emission of sound for the purpose of alerting persons to the existence of an emergency.

B.    Noise from municipally sponsored celebrations or events.

C.    Noise from individually sponsored events where a permit for public assembly or other relevant permission has been obtained from the Village Clerk.

D.    The operation or use of any organ, radio, bell, chimes or other instrument, apparatus or device by any church, synagogue or school licensed or chartered by the State of New York, provided that such operation or use does not occur between the hours of 10:00 p.m. and 8:00 a.m.

E.     Noise generated by the installation and maintenance of utilities.

 

Section 4.  Penalties for Violations.

 

A.    Conviction of any section of this Local Law shall be punished by a fine of $25.00.

B.    Conviction of a second violation of this Local Law, within one year of a prior conviction, shall be punished by a fine of $50.00.

C.    Conviction of a third or subsequent violation of any provisions of this Local Law, within a year of two prior convictions shall be punishable by a fine of $75.00.

 

Section 5.  The invalidity of any section or provision of this Local Law shall not invalidate any other section or provision thereof.

 

Section 6.  Chapter 4, Section 8, of the Ordinances of the Village of Moravia dated January 1951, entitled “Mufflers On Motor Vehicles” is hereby repealed.

 

Section 7.  Chapter 4, Section 17, of the Ordinances of the Village of Moravia dated January 1951, is hereby repealed.

 

Section 8.  This local law shall take effect immediately upon its filing in the Office of the Secretary of State.