Village of Upper Brookville, NY Chapter 144 Noise

[HISTORY: Adopted by the Board of Trustees of the Village of Upper Brookville 6-21-2021 by L.L. No. 1-2021[1]. Amendments noted where applicable.]

[1] Editor's Note: This local law repealed former Ch. 144, Noise, adopted as Art. 14 of the 1973 General Ordinance; as amended.

§ 144-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ANIMAL

Any animal permitted to be kept in the Village.

COMMERCIAL LANDSCAPER

Any commercial gardener, landscaper, or other individual involved in lawn or ground maintenance services as a business.

COMMERCIAL TREE SERVICE

Any commercial arborist, gardener, landscaper, or other individual involved in the pruning, removal, chipping or cutting of trees, or tree branches that services as a business.

CONSTRUCTION MACHINERY

Any tractor, bulldozer, backhoe, earthmoving machine, cement mixer, crane or other similar construction machinery.

LANDSCAPING AND TREE SERVICE EQUIPMENT

Any powered leaf blower, mower, chain saw, grinder, chipper, trimmer or other internal-combustion engine apparatus or landscaping or tree service equipment used for lawn or ground maintenance and tree work

LOUDSPEAKER

Any radio or television set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound.

MOTOR VEHICLE

Any vehicle capable of being operated or driven upon a public highway which is propelled by any power other than muscular power, except electrically driven mobility assistance devices operated or driven by a person with a disability, fire and police vehicles, ambulances and other emergency vehicles. Motor vehicle shall exclude farm-type tractors and vehicles used exclusively for agricultural purposes, or ground maintenance, other than for hire.

NOISE-MAKING DEVICE

Any device of any design or manufacture that is designed to create unreasonable noise or designed for the purpose of scaring, frightening or disturbing a domestic animal or wildlife.

RECREATIONAL VEHICLE

Any self-propelled vehicle with a combustion-driven engine which is primarily used for off-highway operation or competition, such as, but not limited to, go-cart, all-terrain vehicle, unlicensed motorcycle, motorbike, snowmobile.

UNREASONABLE NOISE

Any loud, unnecessary, unusual or annoying, continuous, repetitive, intermittent or prolonged noise which annoys, destroys, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivity. Factors to be considered in determining whether a sound is an unreasonable noise may include, but are not limited to, the following:

A. The volume, intensity and nature of noise.

B. The volume and intensity of the background noise, if any.

C. The time of day and duration of the noise.

VILLAGE

The Incorporated Village of Upper Brookville and all properties within its boundaries.

§ 144-2 Unreasonable noise.

No person shall make or cause to be made or continued, nor shall any owner, lessee or occupant of any land in the Village permit to be made or continued on his premises, any unreasonable noise within the Village except as permitted in this Code relating to the regulation of firearms.

§ 144-3 Prohibited acts.

Without limiting the provision of § 144-2, the following acts are expressly declared to be unreasonable noise in violation of this chapter:

A. Horn and signaling device. The sounding of any horn or signaling device on any boat, motor vehicle or recreational vehicle, except as a danger or warning signal.

B. Loudspeaker for advertising or broadcasting. The playing, using, operating or permitting to be played, used or operated of any loudspeaker on the public street, public waterway or other public places for the purpose of advertising or broadcasting which is heard on private property, unless a permit therefor shall have been issued by the Board of Trustees.

C. Unnecessary amplification. The playing, using, operating or permitting to be played, used or operated of any loudspeaker at a volume level sufficient to cause the sound produced or reproduced to be audible at a point 10 feet beyond the property boundary line of the property from which the sound is produced or reproduced.

D. Animal.

(1) The keeping or allowing to be kept, of any animal outdoors which causes unreasonable noise between the hours of 9:00 p.m. and 8:00 a.m. the following morning.

(2) The keeping or allowing to be kept of any animal which creates or causes unreasonable noise for a period exceeding 30 minutes in duration.

E. Exhaust. The discharge of the exhaust of any internal-combustion engine, without a muffler or other device which will effectively prevent unreasonable noises emanating therefrom.

F. Noise-making device. The using, operating, discharging, installing or causing to be used, operated, discharged or installed of any noise-making device.

G. Alarm. A burglar alarm or other alarm system of any building, motor vehicle, recreational vehicle or boat which is continuous and exceeds 15 minutes in duration.

H. The making of improper noise or disturbance in the operation of a motor vehicle.

I. Offering for sale anything by shouting or outcrying upon the public streets and sidewalks.

J. Construction and construction equipment.

(1) Construction. A property owner or contractor shall only be allowed to perform, or permit or allow to be performed, any exterior alteration, repair or maintenance to any building or structure in the Village during the following days and time, excluding federal and New York State holidays:

(a) Permitted hours of operation for construction:

[1] Property owner: 8:00 a.m. to 6:00 p.m. on Monday through Friday; 9:00 a.m. to 5:00 p.m. on Saturday.

[2] Contractor: 8:00 a.m. to 6:00 p.m. on Monday through Friday.

(2) Construction equipment. A property owner or contractor shall only be allowed to use or operate, or permit or allow to be used or operated, any tractor, earthmoving equipment, crane, or other construction equipment for soil excavation, maintenance, construction or demolition in the Village on the following days and time, excluding federal and New York State holidays:

(a) Permitted hours of operation of construction equipment:

[1] Property owner and contractor: 8:00 a.m. to 6:00 p.m. on Monday through Friday.

(3) The Mayor or Deputy Mayor may grant an exception from the above day and time.

K. Landscaping and tree services.

(1) Landscaping. Landscaping services by a commercial landscaper, or property owner, shall only be performed in the Village on the following days and time, excluding federal and New York State holidays:

(a) Permitted hours of operation for landscaping:

[1] Property owner: 8:00 a.m. to 6:00 p.m. on Monday through Friday; 9:00 a.m. to 5:00 p.m. on Saturday; 10:00 a.m. to 4:00 p.m. on Sunday for only lawn mowers that are properly muffled.

[2] Commercial landscaper: 8:00 a.m. to 6:00 p.m. on Monday through Friday; 9:00 a.m. to 2:00 p.m. on Saturday.

(2) Tree services. Tree services performed by a commercial tree service contractor or property owner on the following days and time, excluding federal and New York State holidays:

(a) Permitted hours of operation for tree services:

[1] Property owner: 8:00 a.m. to 6:00 p.m. on Monday through Friday; 9:00 a.m. to 5:00 p.m. on Saturday.

[2] Tree service contractor: 8:00 a.m. to 6:00 p.m. on Monday through Friday.

(3) The Mayor or Deputy Mayor may grant an exception from the above day and time restrictions for landscaping and tree services.

L. Tire. The intentional use and operation of a motor vehicle or recreational vehicle in such a manner as to cause excessive squealing or other excessive noise of the tires.

M. Recreational vehicle. The continuous use or operation of any recreational vehicle on private property owned by the vehicle operator or by written permission of the property owner, issued in advance and in the possession of the operator, for a period exceeding 30 minutes.

N. Generator. The operation of a generator for periodic testing, maintenance or emergency purposes shall not be prohibited under any provision of this chapter.

§ 144-4 Exceptions.

The provisions of this chapter 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 Mayor or Deputy Mayor.

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.

F. Noise as permitted in Chapter 115, Firearms and Weapons.

§ 144-5 Enforcement; penalties for offenses.

A. Upon receipt of a complaint, the Police Department, Building Inspector or Village representative shall conduct an investigation to determine if there is a probable violation of the provisions of this chapter. For the first occurrence, in lieu of issuing an appearance ticket, an appropriate warning may be issued to the violator to cease and desist from continuing such noise.

B. Any person who violates any provision of this chapter shall be guilty of a violation punishable by a fine of $250 or a term of imprisonment of not more than 15 days, or both.