Village of Mill Neck, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mill Neck as amended in its entirety 10-10-2006 by L.L. No. 1-2006.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noise from animals — See Ch. 39.
Exhibitions, fairs and meetings — See Ch. 47.
Fireworks and explosives — See Ch. 58.
Peace and good order — See Ch. 90.
Peddling and soliciting — See Ch. 93.
Vehicles and traffic — See Ch. 122.
[1]
Editor's Note: This local law amended former Ch. 85, Noise, which was adopted as follows: Art. I, Mufflers for Engines, 8-6-1954 by Ord. No. 2; Art. II, Disturbing Noises, 10-18-1967 by Ord. No. 27; and Art. III, Penalties, 10-6-1992 by L.L. No. 9-1992.

§ 85-1 Policy.

It is hereby declared to be the policy of the Village of Mill Neck to prevent any unreasonable, loud, disturbing and unnecessary noise. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual or contrary to the public welfare is prohibited.

§ 85-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL LANDSCAPER
Any commercial gardener, landscaper, tree surgeon or other individual involved in lawn or ground maintenance business.
CONSTRUCTION MACHINERY
Any tractor, bulldozer, backhoe, earth-moving machine, cement mixer, crane or other similar construction machinery.
LANDSCAPING EQUIPMENT
Any powered leaf blower, mower, chain saw, grinder, trimmer or other internal combustion engine apparatus or landscaping equipment used for lawn or ground maintenance.
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 (a) electrically driven mobility assistance devices operated or driven by a person with a disability, (b) fire and police vehicles, (c) ambulance and other emergency vehicles. Motor vehicles shall exclude farm-type tractor 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 which is primarily for off-highway operation or competitions and only incidentally operated on a public highway such as, but not limited to, a go-cart, all-terrain vehicle, unlicensed motorcycle, motor bike or snowmobile.
UNREASONABLE NOISE
Any loud, unnecessary, unusual or annoying, 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 the noise.
B. 
The volume and intensity of the background noise, if any.
C. 
The time of day and duration of the noise.

§ 85-3 Prohibited acts.

A. 
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.
B. 
The following acts are expressly declared to be unreasonable noise in violation of this chapter:
(1) 
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.
(2) 
Loudspeaker for advertising or broadcasting. The playing, using, operating or permitting to be played, used or operated of any loud speaker on the public street, public waterway or other public places for the purpose of advertising or broadcasting which is heard on private property.
(3) 
Unnecessary amplification. The playing, using, operating or permitting to be played, used or operated of any loud speaker at a volume level sufficient to interfere with the reasonable and normal activities of any person occupying property beyond the property boundary line of the property from which the sound is produced or reproduced.
(4) 
Exhaust. The discharge of an exhaust of any internal combustion engine, without a muffler or other device which will effectively prevent unreasonable noise emanating therefrom.
(5) 
Noise-making device. The using, operating, discharging, installing or causing to be used, operated, discharged or installed of any noise-making device.
(6) 
Construction and operation of construction machinery. The construction, excavation, demolition, alteration or repairs to any building (except interior alterations or repairs to a building which is entirely enclosed) and the operation of construction machinery at any time on Saturday, Sunday, and New York State legal holidays, and for all other days between the hours of 6:00 p.m. and 8:00 a.m. of the following morning, except pursuant to a permit issued by the Building Inspector or the Mayor in an emergency situation. Nothing herein shall be construed to prohibit minor alteration to a building which is entirely enclosed. The operation of a generator for emergency purposes shall not be prohibited under any provision of this chapter.
(7) 
Operation of landscaping equipment. The use of any landscaping equipment by any persons at any time on Sunday and New York State legal holidays, Saturdays from 5:00 p.m. to 8:00 a.m. the next morning, and for all other days between the hours of 6:00 p.m. and 8:00 a.m. of the following morning, except that an owner occupying the residential premises may use such equipment on Sundays and New York State legal holidays between the hours of 10:00 a.m. and 3:00 p.m.
(8) 
Alarms. A burglar alarm or other alarm system of any building, motor vehicle, recreational vehicle, or boat which is continuous and exceeds 10 minutes in duration.
(9) 
Tires. 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.
(10) 
Recreational vehicles.
(a) 
The continuous use or operation of any recreational vehicle on private or public property for a period exceeding 30 minutes.
(b) 
The use and operation of any recreational vehicle on private or public property at any time on Sunday and New York State legal holidays, and for all other days between the hours of 6:00 p.m. and 8:00 a.m. the following morning.

§ 85-4 Exceptions.

A. 
The provisions of this chapter shall not apply to the emission of sound for the purposes of alerting persons to the existence of an emergency nor to the emission of sound in the performance of emergency work.
B. 
The provisions of this chapter shall not apply to the emission of sounds created in conjunction with the performance of valid municipal functions by the Village or private entities.

§ 85-5 Waivers.

The Board of Trustees, upon prior application, may, for good cause shown, grant a waiver of any of the provisions of this chapter.

§ 85-6 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.