[HISTORY: Adopted by the Board of Trustees
of the Village of Flower Hill 11-10-1999 by L.L. No. 3-1999. Amendments noted where
applicable.]
In this chapter, the following words or phrases
shall have the meanings indicated:
An animal of any type or species which is owned, harbored
or maintained by a person.
[Amended 11-6-2000 by L.L. No. 3-2000]
That level of sound which, in each context described in § 158-2, either:
Causes temporary or permanent hearing loss in
person exposed;
Otherwise is injurious or tends to be, on the
basis of current information, injurious to the public health or welfare;
Causes a nuisance;
Exceeds standards or restrictions established
herein; or
Interferes with the comfortable enjoyment of
life and property or the conduct of business. The following are deemed
to interfere with the comfortable enjoyment of life and property or
the conduct of business:
Yelling, shouting, hooting, whistling or singing
on the public streets or from private property at any time that annoys
or disturbs the quiet, comfort or repose of a person or persons in
the vicinity; and that such noise is plainly audible at a distance
of 50 feet from the area, building, structure or vehicle from which
such noise emanates.
The using of, operating of or permitting to
be played, used or operated any radio, receiving set, musical instrument,
phonograph, television set or other machine or device for the producing
or reproducing of sound in such manner as to disturb the peace, quiet
and comfort of the neighboring inhabitants and in such a manner as
to be plainly audible at a distance of 50 feet from the area, building,
structure or vehicle in which it is located.
An individual or any corporation or other business entity,
association, organization or group.
[Amended 11-6-2000 by L.L. No. 3-2000]
A line along the ground surface, and its vertical extension
which separates the real property owned or controlled by one person
from that owned or controlled by another person, including intrabuilding
real property divisions.
An area designated for any residential use under Chapter 240, Zoning, of the Code of the Village of Flower Hill, or any area improved by a dwelling.
An oscillatory motion of particles described by displacement,
velocity or acceleration with respect to a given reference point.
Any day Monday through Friday which is not a state or federal
legal holiday.
Each of the following is declared to constitute
a violation of this section:
A.
Amplified sound. The using, operating of or permitting
to be used or operated any device for producing, reproducing or amplifying
sound, including, but not limited to, a radio, tape player or television,
in such a manner as to create a noise disturbance.
B.
Horns and signaling devices. The sounding of any horn,
signaling device or alarm (except as a danger warning, pursuant to
§ 375 of the Vehicle and Traffic Law of the State of New
York) which results in a harsh or loud sound or repetitive sounds
for any unreasonable or unnecessary period of time, so as to create
a noise disturbance.
C.
Shouting and yelling. Shouting, yelling, singing,
calling, hooting or whistling so as to create a noise disturbance.
D.
Engines. The operation, including the stationary idling,
of any engine, including, but not limited to, an automobile, truck,
motorcycle, motorbike, motorboat or minibike engine, so as to create
a noise disturbance.
E.
Heavy equipment. The operation of any pile driver,
bulldozer, pneumatic hammer, grinder, noise or other construction
equipment which creates a noise disturbance, except between 8:00 a.m.
and 6:00 p.m. on weekdays and except in cases of urgent necessity
in the interest of public safety.
F.
Construction. Any construction, excavation, demolition,
alteration or repair which creates a noise disturbance, except between
8:00 a.m. and 6:00 p.m. on weekdays, 9:00 a.m. to 5:00 p.m. on Saturdays
and except in cases of urgent necessity in the interest of public
safety.
[Amended 11-6-2000 by L.L. No. 3-2000; 10-2-2017 by L.L. No. 20-2017]
G.
Domestic equipment. The operation of or permitting
to be operated any power saw, drill, sander, router, lawn or garden
device, leaf or snowblower, insect control device or domestic equipment
so as to create a noise disturbance.
H.
Machinery. The operation of any machinery, equipment,
pump, fan, air-conditioning apparatus or other mechanical device in
such a manner as to create a noise disturbance.
I.
Loading and unloading. The loading or unloading of
any materials, equipment, garbage cans or the handling of bales, boxes,
crates, containers or similar objects so as to create a noise disturbance.
J.
Animals. The howling, barking, squawking or other
sounds of animals which occurs so frequently or for such an unreasonable
duration so as to create a noise disturbance.
[Amended 11-6-2000 by L.L. No. 3-2000]
K.
Explosives, firearms and similar devices. The use
or firing of explosives, firearms or similar devices so as to create
a noise disturbance.
L.
Vibration. The operating or permitting the operation
of any device that creates vibration which is above the vibration
perception threshold of an individual beyond the property where the
source is located. For purposes of this section, "vibration perception
threshold" means the minimum ground- or structure-borne vibrational
motion necessary to cause a normal person to be aware of the vibration
by such direct means as, but not limited to, sensation by touch or
visual observation of moving objects.
M.
Noise from a burglar alarm or other alarm system of
any building, motor vehicle or boat which is continuous and exceeds
15 minutes.
N.
The use of any leaf blower shall be prohibited at
all times, unless the same is fitted with a muffler device sufficient
to reduce the noise produced therefrom to a level not to exceed 70
(A-scale) decibels.
[Amended 6-4-2001 by L.L. No. 4-2001]
O.
Barking, squawking, howling, neighing or any other
animal sound which is audible at a point beyond the real property
boundary from which such sound emanates and which continues for over
15 minutes shall be prima facie evidence of a violation of this chapter.
[Amended 11-6-2000 by L.L. No. 3-2000]
P.
Federal holidays. Any construction, excavation, demolition,
alteration, repair, commercial landscaping, and the use of heavy equipment,
as provided herein, on all federally recognized holidays, except in
the case of urgent necessity in the interest of public safety upon
approval of the Building Superintendent.
[Added 11-13-2007 by L.L. No. 4-2007; amended 3-6-2023 by L.L. No. 4-2023]
[Amended 6-4-2001 by L.L. No. 5-2001]
No commercial landscaper shall operate any motor
vehicle, lawn mower, leaf blower, chainsaw, or other landscaping equipment
or other device containing an internal combustion engine or electric
motor, without a muffler or other noise-reducing device, properly
maintained, to reduce noise to the levels set forth in this chapter.
No person or persons owning, leasing or controlling the operation of any source of noise shall permit the establishment of a condition of noise pollution. Except as provided in § 158-6, the use of amplifiers, speakers or other machines or devices capable of reproducing amplified sound on the exterior of any premises, dwelling or building within the village shall be considered noise pollution and shall be prohibited at all times.
[Amended 11-6-2000 by L.L. No. 3-2000]
A.
No person shall create, emit or issue, nor cause or
suffer to be created, emitted or issued, any noises or sounds on property
from which such noises or sounds may be heard on the property of another,
as may unreasonably annoy, disturb or otherwise disrupt the quiet,
comfort or repose of persons in any dwelling, or place of temporary
or permanent residence within the Village. The violation hereof shall
constitute a nuisance.
B.
No person
shall operate, use, cause or permit to be operated or used any sound-reproduction
device in such a manner that the sound emanating therefrom creates
unreasonable noise across a real property boundary. Furthermore, the
use of any sound reproduction device that produces noise across a
real property boundary during any of the following hours is hereby
prohibited:
[Amended 11-8-2023 by L.L. No. 11-2023]
(1)
On
Monday through Thursday (other than legal holidays) before 8:00 a.m.
or after 10:00 p.m.
(2)
On
Friday (other than legal holidays) before 8:00 a.m. or after 11:00
p.m.
(3)
On
Saturdays and those Sundays followed immediately by a legal holiday,
and legal holidays followed immediately by a weekend, before 10:00
a.m. or after 11:00 p.m.
(4)
On
Sundays not followed immediately by a legal holiday, and legal holidays
followed immediately by a weekday, before 10:00 a.m. or after 10:00
p.m.
C.
Standards
in determining unreasonable noise. No person shall make, continue
or cause or permit to be made, verbally or mechanically, any unreasonable
noise. An "unreasonable noise" shall mean any excessive or unusually
loud sound or any sound which either annoys, disturbs, injures or
endangers the comfort, repose, health, peace or safety of a reasonable
person of normal sensitivities or which causes medically serious injury
to animal life or damage to property or business. Standards to be
considered in determining whether unreasonable noise exists in a particular
situation include the following:
[Amended 11-8-2023 by L.L. No. 11-2023]
(1)
The
volume of the noise.
(2)
The
intensity of the noise.
(3)
Whether
the nature of the noise is usual or unusual in the context of ordinary
human experience.
(4)
Whether
the origin of the noise is natural or unnatural in the context of
ordinary human experience.
(5)
The
volume and intensity of the background noise, if any.
(6)
The
proximity of the noise to residential sleeping facilities.
(7)
The
nature and the zoning district of the area from within which the noise
emanates.
(8)
The
time of day or night the noise occurs.
(9)
The
time duration of the noise.
(10)
Whether
the sound source is temporary.
(11)
Whether
the noise is continuous or impulsive.
(12)
The
presence of discrete tones.
(13)
Whether
the noise is in excess of the decibel levels as set forth within this
chapter, provided another standard, under this section, is also utilized.
[Amended 11-6-2000 by L.L. No. 3-2000]
A.
The provisions of § 158-5 shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby excepting the following:
(1)
The intermittent or occasional use between 8:00 a.m.
and 6:00 p.m. on weekdays and between 9:00 a.m. and 6:00 p.m. on Saturdays,
Sundays and holidays, of homeowner's light residential outdoor equipment
or commercial service equipment, provided that said equipment and
its use comply with the other provisions hereof.
(2)
Construction activities between 8:00 a.m. and 6:00
p.m. on weekdays and between 9:00 a.m. and 6:00 p.m. on Saturdays,
and the associated use of construction devices and/or the noise produced
thereby, including general home repair by a residential homeowner
additionally between 9:00 a.m. and 6:00 p.m on Sundays and holidays,
provided that such activities and such equipment and their use comply
with the other provisions of this Code.
[Amended 5-7-2001 by L.L. No. 1-2001]
(3)
Noise from church bells or chimes.
(4)
The lawful operation of properly equipped motor vehicles
on any public way.
(5)
Snowblowers, snowthrowers and snowplows when operated
with a muffler for the purpose of snow removal; commercial driveway
snowplowing after 6:00 p.m. during snow emergencies, provided that
such activities and the use of equipment associated therewith comply
with the other provisions of this Code.
[Amended 5-7-2001 by L.L. No. 2-2001]
(6)
Noise generated from lawful athletic or recreational
events held on the property of the Village of Flower Hill suitable
for such activities.
(7)
Organized activities sponsored by any school district,
private school or fire district or department within the Village of
Flower Hill.
(8)
Municipally sponsored celebrations or events.
(9)
Lawful fireworks displays, parades, carnivals and
the like held in accordance with all pertinent provisions of the Flower
Hill Village Code.
(10)
Noncommercial public speaking and public assembly
activities conducted on any public space or public right-of-way.
(11)
Emergency construction or repair work performed
by or authorized by the State of New York, the County of Nassau, the
Town of North Hempstead, the Village of Flower Hill, Long Island Power
Authority, Bell Atlantic or any other recognized utility serving the
area.
(12)
The activities of any fire department, ambulance
squad or similar emergency or rescue organization.
[Amended 11-6-2000 by L.L. No. 3-2000]
Where the collective behavior of several persons
results in the creation, emission or issuance of any noise or sound
that is proscribed by this chapter, each such person engaged in such
collective behavior shall be subject to prosecution for any violation
arising therefrom.
