[HISTORY: Adopted by the Village Board of Trustees of the Village of Pleasantville 8-28-1989 by L.L. No. 15-1989; amended in its entirety 4-13-1992 by L.L. No. 2-1992. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Village of Pleasantville Noise Control Law."
It is the purpose of this chapter to prevent unreasonable, unreasonably loud, disturbing or unnecessary noise, which unreasonably interferes with the sleep, comfort, repose, health or safety of others.
As used herein, the following terms shall have the meanings indicated:
- One or more natural persons of either sex, corporations, partnerships, associations, membership societies and all other entities capable of being sued.
- SELF-PROPELLED VEHICLE
- Any vehicle which is propelled or drawn on land or on the frozen surface of a lake by a motor, such as but not limited to passenger cars, trucks, truck trailers, semitrailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies, all-terrain vehicles, racing vehicles and motorcycles.
- SOUND REPRODUCTION DEVICE
- Any device that is designed to be used or is actually used for the production or reproduction of sound, including but not limited to any amplified musical instrument, radio, television, tape recorder, phonograph, loudspeaker public-address system or any other sound-amplifying device.
- UNREASONABLE, UNREASONABLY LOUD, DISTURBING OR UNNECESSARY NOISE
- Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers or interferes with the sleep, comfort, repose, health or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business.
No person shall make, cause or permit to be made any unreasonable, unreasonably loud, disturbing or unnecessary noise within the geographical boundaries of the Village of Pleasantville.
The creation of unreasonably loud, disturbing or unnecessary noise by any of the following acts and their causes are declared to be violations of this chapter:
The use of any sound reproduction device inside a structure in such a manner as to result in the sound or any part thereof from such device to be projected therefrom outside of the structure or out of doors and heard from any residential dwelling.
Loading or unloading vehicles.
The loading or unloading of any vehicle between 7:00 p.m. and 8:00 a.m. on any day and at any time on Sunday within a residence zoning district or any preexisting, nonconforming property used as a residence in a commercial zoning district within the Village of Pleasantville will be prohibited.
Loading or unloading within any other zoning district except as specified above will be prohibited from 7:00 p.m. and 7:00 a.m. on any day and at any time on Sunday.
To operate or use any tools, pile driver, pneumatic hammer, tractor, derrick, electrical hoist, gasoline- or electric-powered saw or other mechanical apparatus or equipment, the use of which is attended by noise, between the hours of 7:00 p.m. and 8:00 a.m. the following day or at any time on Sunday.
Sounds made by any animal.
The playing of music or a sound reproduction device or the operation of any radio, television receiver or phonograph between the hours of 11:00 p.m. and 5:00 a.m. the following day.
Any device known as a "sound truck" or motor vehicle containing an amplifying system whereby sounds, music or words are transmitted upon the public streets or highways.
The sounding of any horn or other auditory signaling device on or in any motor vehicle except to serve as a danger warning.
The operation of any self-propelled vehicle.
The shouting, crying or bellowing of peddlers, hawkers and vendors.
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any business.
Yelling or shouting at any time or place.
The use and operation of lawn mowers, leaf blowers and all similar machines deployed for outdoor property maintenance is prohibited between the hours of 7:00 p.m. and 8:00 a.m. Monday through Friday, and 7:00 p.m. through 9:00 a.m. on weekends and federally recognized holidays.
[Amended 11-14-2005 by L.L. No. 9-2005]
The owner, tenant and person in charge of the premises on which a violation under the provisions of this chapter has been committed shall be deemed to have permitted such violation on the subject premises and, as such, shall be guilty of such violation.
Nothing contained in this chapter shall be construed to prevent the production of music or the use of an amplifying system in connection with any military, civic or authorized parade, religious ceremony or any school-sponsored or municipally sponsored activities.
The provisions of this chapter shall not apply to the sounding of bells, horns, sirens or any other instruments by a fire apparatus or station, police or any other vehicle or person in the event of an emergency or other such condition or situation.
The provisions of this chapter shall not apply to sounds created by church bells or chimes.
The creation of unreasonably loud, disturbing or unnecessary noise in conjunction with alleviating an emergency shall be exempt from this chapter.
Noise created by any municipal vehicle in the course of providing municipal services shall be exempt from this chapter.
[Amended 4-28-1997 by L.L. No. 4-1997]
The Village Board of Trustees is hereby authorized by resolution to suspend any of the provisions of this chapter in connection with any holiday celebration or upon any occasion of special public interest, for such time and upon such conditions as shall be prescribed by the Village Board of Trustees.
[Added 6-29-1992 by L.L. No. 6-1992]
No person shall cause or permit the engine of a motor vehicle, other than a legally authorized emergency motor vehicle, to idle for longer than three minutes while parking as defined in § 129 of the New York State Vehicle and Traffic Law, standing as defined in § 145 of the New York State Vehicle and Traffic Law or stopping as defined in § 147 of the New York State Vehicle and Traffic Law, unless the engine is used to operate a loading, unloading or processing device.
When the ambient temperature is in excess of 40° F., no person shall cause or permit the engine of a bus, as defined in § 104 of the New York State Vehicle and Traffic Law, to idle while parking, standing or stopping, for longer than three minutes.
Violators of this chapter may be issued appearance tickets by officers or agents of the Pleasantville Police Department. Such appearance tickets shall be returnable in local court.
The provisions of this chapter shall be enforced by the Police Department and Building Inspector of the Village of Pleasantville or other officials designated by the Village Board of Trustees.
The investigating police officer, Building Inspector or other designated official who is a witness to the noise which is in violation to this chapter is authorized to issue a summons hereunder.
[Added 10-17-1993 by L.L. No. 21-1993]
[Amended 4-28-1997 by L.L. No. 4-1997]
Any person violating any provision of this chapter shall be guilty of a violation punishable by a fine of not more than $500, imprisonment not to exceed 15 days, or both such fine and imprisonment.