[HISTORY: Adopted by the Board of Trustees
of the Village of Lake Success 6-23-1965 as Chapter V, Sections 4C and 5 of the
Revised General Ordinances. Amendments noted where applicable.]
[Amended 12-14-2020 by L.L. No. 4-2021]
It shall be unlawful for any person, firm or
entity to make, continue or cause or permit to be made or continued
any loud, raucous, unnecessary or unusual noise or any noise which
either annoys, disturbs, interferes with, injures or endangers the
comfort, repose, health, peace or safety of others within the limits
of the Village.
[Amended 11-21-1983 by L.L. No. 5-1983; 3-13-2000 by L.L. No. 1-2000]
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive:
A.
Certain machines or devices; exception.
(1)
The using or operating, or permitting to be played, used or operated,
of any radio receiving set, television set, musical instrument, phonograph,
sound amplifier, air conditioner or other machine or device in such
manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants or at any time with louder volume than is necessary for
convenient hearing of the person or persons who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine
or device shall not create, emit or issue a noise or sound in excess
of 65 dBA measured at any lot line of the property on which such noise
or sound is being generated.
[Amended 10-18-2021 by L.L. No. 12-2021]
(2)
Notwithstanding the foregoing, a Village resident may apply to the
Board of Trustees for a permit to use or operate any of the above
machines or devices in conjunction with an event at the resident's
home. The Board, in its sole discretion, may determine whether to
grant or condition the permit based upon the nature and duration of
the event, the types of machines or devices to be used or operated,
the anticipated noise levels generated by the devices and machines
and their impact upon the surrounding community, and any other factors
deemed relevant by the Board. The application shall be subject to
a public hearing by the Board. At least 10 days prior to the hearing,
the Village shall publish notice of the hearing in a local newspaper,
and the applicant shall send notice by certified mail, return receipt
requested, to all property owners within a 300-foot radius of the
premises.
B.
The using or operating, or permitting to be played, used or operated,
of any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier, automobile horn or other machine or device for the
producing or reproducing of sound which is cast upon the public streets
for the purpose of commercial advertising or otherwise attracting
the attention of the public.
C.
Yelling, shouting, whistling or singing on the public streets, particularly
between the hours of 6:00 p.m. and 8:00 a.m., or at any time or place
so as to annoy or disturb the quiet, comfort or repose of any persons
in the vicinity.
D.
The discharge into the open air of the exhaust of any internal combustion
engine except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
E.
The use of any automobile, truck, motorcycle or vehicle so out of
repair, so loaded or in such manner as to create loud and unnecessary
grating, grinding, rattling or other noise.
F.
The operation between the hours of 6:00 p.m. and 8:00 a.m., or at
any time on any Saturday, Sunday or legal holiday, of any pile driver,
steam shovel, pneumatic hammer, derrick, steam or electric hoist or
other appliance, the use of which is attended by loud or unusual noise.
G.
The erection, including excavation, demolition, alteration or repair,
of any building or structure other than between the hours of 8:00
a.m. and 6:00 p.m. on weekdays or at any time on any Saturday, Sunday
or legal holiday, which is attended by loud and disturbing noises,
except in the case of urgent necessity in the interest of public health
or safety.
H.
Power tools.
(1)
The use of any power tool, lawn mower, leaf blower or similar machine
which makes a sound audible beyond the property line of the premises
where it is used is permitted on weekdays only from 8:00 a.m. to 5:00
p.m. and Saturdays only from 9:00 a.m. to 2:00 p.m. and is expressly
prohibited on Sundays and federal holidays.
[Amended 12-14-2020 by L.L. No. 4-2021]
(2)
The foregoing restrictions shall not apply to snow-removal equipment.
I.
Special
events/parties: permit required.
[Added 10-18-2021 by L.L. No. 12-2021]
(1)
No person
shall conduct an outdoor special event or party unless a permit is
approved by the Mayor or Deputy Mayor. This provision shall apply
to both residential and commercial properties.
(2)
An application
for such a permit shall be verified and shall provide the following
information:
(a)
The
name and address of the applicant.
(b)
The
name and address of the person responsible for the conduct of the
proposed activity.
(c)
A
full description of the nature of the proposed activity.
(d)
The
number of persons expected to attend.
(e)
Details
with respect to sanitary facilities, if needed, and off-street parking.
(f)
Date,
time and duration of the proposed activity.
(3)
Upon
review and approval by the Mayor or Deputy Mayor, the Deputy Clerk
or Village Administrator may issue permits for the foregoing events
and parties subject to such conditions imposed by the Mayor or Deputy
Mayor as may be reasonable to protect the residents of the area from
noise and inconvenience, to preserve the residential character of
the Village and to otherwise further the public interest and general
welfare and ensure compliance with all other Village ordinances and
regulations.
(4)
Application
for a permit pursuant to this section shall be made to the Village
Clerk at least 10 days prior to the scheduled date of the event.
(5)
The
applicant shall send a letter to all property owners within a 300-foot
radius of the premises advising them of the date, time of the event
or party and duration.
(6)
The
applicant shall also provide to the Deputy Village Clerk or Village
Administrator an affidavit of mailing along with a list of property
owners to which the letter was sent.
J.
Generators;
emergency equipment.
[Added 10-11-2022 by L.L. No. 2-2022]
(1)
The
testing of any generator or similar emergency equipment is permitted
only on weekdays between the hours of 8:00 a.m. and 5:00 p.m., no
more than once per week, not to exceed 30 minutes.
[Amended 4-16-1979 by L.L. No. 1-1979; 3-4-1985 by L.L. No.
1-1985; 4-14-1993 by L.L. No. 6-1993]
An offense of the provisions of this chapter
shall constitute a violation under the Penal Law and shall be punishable,
upon conviction thereof, by a fine of not more than $1,000 or by imprisonment
for not more than 15 days, or both.
