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Noise Mitigation Law

Noise Mitigation Law
Local Law 2021-2
Noise Law, Village of Alfred, NY

Be it enacted by the Board of Trustees of the Village of Alfred as follows:

It is hereby declared to be the policy of the Village of Alfred to prevent excessive, unnecessary
or unusually loud noise. It is further declared that the provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of preserving, protecting and
promoting the public health, comfort, convenience, safety, welfare and the peace and quiet of the
Village of Alfred and its inhabitants. This law, by suppressing the making, creation or
maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged,
unusual and unnatural in their time, place and use and which are detrimental to the environment,
enhance the peace and quiet of the community. It is also the purpose of this law to allow all
residents of the Village to coexist harmoniously in a manner which is mutually respectful of the
interests, rights and obligations of all persons. The community believes that it should rely on the
good sense of all residents to respect one another's living and working environments and one
another's right to an environment that is free from noise disturbances.
The peace and tranquility of the village has sometimes been disrupted by excessive, disturbing,
and offensive noises. The level of these noises adversely affects the health, comfort,
convenience, safety, and welfare of persons within the village. All persons are entitled to an
environment free of disturbing, excessive, or offensive noises that are detrimental to life, health
or personal peace and tranquility. The purpose of this ordinance is to be construed liberally but is
not intended to be construed so as to discourage the enjoyment of normal, reasonable and usual

As used in the local law, the following terms shall have the meaning indicated:
PERSON: Any individual, partnership, company, public or private corporation, association, firm,
organization, political subdivision, governmental agency, administration or department,
municipality, trust, state or any other legal entity whatsoever.

No person, acting with disregard for public inconvenience, annoyance, or alarm, or acting with
reckless disregard to the effects on others, shall cause, suffer, allow, or permit the creation of
unreasonable noise. For purposes of this law, unreasonable noise is any excessive, unnecessary,
unnatural or unusually loud noise which is prolonged, unusual and unnatural in its time, place
and use.
1. Unreasonable noise shall mean any sound created or caused to be created by any person which
either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the
public or which causes injury to animal life or damages to property or business. Factors to be
considered in determining whether unreasonable noise exists in a given situation include but are
not limited to any or all of the following:

A. The intensity of the noise.

B. Whether the origin of the noise is associated with nature or human-made activity.

C. The intensity of the background noise, if any.

D. The proximity of the noise to sleeping facilities.

E. The time of the day or night the noise occurs.

F. The time duration of the noise.

G. The volume of the noise.

H. The existence of complaints concerning the noise from persons living or working in

different places or premises who are affected by the noise.

2. The following acts are declared to be prime facie evidence of a violation of this ordinance.
This enumeration is not to be deemed as exclusive.

A. Any unnecessary noise from any source between the hours of 10:00 p.m. and 7:00 a.m.

the following day Sunday through Thursday, or 11:00 p.m. and 7:00 a.m. Friday and


B. Noise from a dog or other privately owned animal that continues with only minor

interruptions for fifteen (15) minutes or more.

C. Noise from a burglar or other alarm system of any building or motor vehicle which

continues with only minor interruptions for five (5) minutes or more.

D. The use of explosives, firearms or similar devices.

E. The operation of any sound reproduction device or audio equipment, including, but not

limited to, such equipment in a parked or moving vehicle, or the use of any musical

instrument or human voice in such a manner or with such volume as to annoy or disturb

the quiet, comfort or repose of persons in a dwelling, hotel or other type of residence.

F. The acts of unnecessary yelling, hollering, screaming, partying sounds or radio and

recording sounds which are unreasonably loud, disturbing, unnecessary, beyond the

property line of the source, between the hours of 10:00 p.m. and 7:00 a.m. the following

day Sunday through Thursday, or 11:00 p.m and 7:00 a.m. Saturday and Sunday.

G. Noise from any sound reproduction system operating or similar device that reproduces or

amplifies sound in such a manner as to be annoying to a reasonable person when heard

from its source sixty (60) feet beyond any property line between the hours of 10:00 p.m.

and 7:00 a.m. the following day, Sunday through Thursday, or on Friday or Saturday

between the hours of 11:00 p.m. and 8:00 a.m. the following day.

H. Noise from public bars, restaurants, public party houses, or the like, so loud as to be

annoying to a reasonable person when heard 60 feet from or beyond the property line of

the establishment.

I. The erection, including excavation, demolition, alteration, or repair of any structure other

than between 7:00 a.m. and 9:00 p.m. except in case of an emergency public safety


J. The operation of a motor vehicle, motorcycle, lawn tractor or other gasoline or diesel

engine that, due to modifications or through normal wear and tear, emits a sound greater

than that emitted as originally manufactured.

K. The operation of power equipment such as tractors, mowers, power saws and similar

noise-producing equipment in residential zones on weekdays 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 am.,

except in the case of an emergency public safety vehicle.

L. The sounding of any horn or signaling device of an automobile, motorcycle, or other

vehicle for any unnecessary period of time. Except in the case of an emergency public

safety vehicle.

M. The making of improper noise or disturbance or operating an automobile or motorcycle

in such a manner as to cause excessive motor roar, or excessive squealing of the tires.

N. Shouting or other outcry or clamor upon the public streets or sidewalks for the purpose of

selling or otherwise attracting attention.

3. Abatement of excessive noise
The Alfred Police Department is directed to take any reasonably necessary action to abate the
noise created by unattended mechanical device such as an engine, alarm or the like when a
person responsible for the device or a person who can silence the device is not present and
cannot be contacted in a reasonably short time.

4. Exceptions. The provisions of this law shall not apply to the following acts:

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


B. Noise from municipally sponsored celebrations or events.

C. Noise from individually sponsored special events where a permit for the event has been

obtained from the Village Clerk, after having been agreed to by the Village Board

1. Written request/application must be received by the clerk to present at the subsequent
Village Board meeting.
2. When authorized by the Village Board, the Village Clerk is empowered to issue a
permit for a wedding reception or similar event to be held outdoors or in a tent with
music provided by a band, orchestra or sound reproduction equipment, provided that
the sound levels are not annoying to a reasonable person when heard at a distance of
500 feet from its source and provided that the event does not continue beyond 10:00
pm and is limited to a maximum duration of four hours.
3. The date and intended hours of the event shall be furnished to the Village Clerk at the
time of application for permit and shall be listed on the permit.
4. Other reasonable conditions which conform to the intent and purposes of this section
may be imposed upon the issuance of such permits which are not authorized more
frequently than once in any six-month period for the same property.
5. The Village Board reserves the right to limit the number and frequency of permits
granted in any geographic area of the Village of Alfred.
6. A copy of each permit along with the conditions limiting such permit will be provided
to the Village Police Department.
D. The operation or use of any organ, radio, bell, chimes or the like 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 7:00 a.m.
E. Noise generated by the installation and maintenance of utilities and emergency and public
service equipment.
F. Music in connection with a military or civic parade, funeral procession or religious
service authorized by the village board.
G. Authorized sporting events, beginning one-half hour before and ending fifteen minutes
after the event, as long as use does not occur between the hours of 10:00 p.m. and 8:00
a.m. This exception does not apply to set-up or warm-up times related to sporting events
or practices.

A violation of this local law shall be punishable by a fine of not less than one hundred fifty (150)
nor more than five hundred (500) dollars.
Repeated violations in a given six month period shall be fined no more than five hundred (500)

Date of Becoming Law
This law becomes effective when filed with the Secretary of State of New York State.