[HISTORY: Adopted by the Board of Trustees
of the Village of Harriman 12-21-1988 as Ch. 94 of the 1988 Code; amended in its entirety 4-9-2019 by L.L. No. 3-2019. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 102.
The Village Board finds that unreasonable noises, as that term
is defined herein, degrade the environment of the Village to a degree
which is harmful and detrimental to the public health, safety and
welfare of its inhabitants. Such noises interfere with the comfortable
enjoyment of life, property and recreation and with the conduct and
operation of business and industry. No one has the right to create
unreasonable noises, as defined herein. Effective control and elimination
of unreasonable noises is essential to the furtherance of the public
health, safety and welfare of the Village's inhabitants and to
the conduct of the normal pursuits of life, recreation, commerce and
industrial activity.
For the purpose of this chapter, the terms used herein are defined
as follows:
Any ambulance or vehicle operated by a Police Department,
Chief or Assistant Police Chief, Fire Department, fire patrol, Fire
Chief or Assistant Fire Chief when engaged in the performance of duty.
Any or all activity necessary or incidental to the erection,
demolition, assembling, altering, installing or equipping of buildings,
public or private highways, roads, premises, parks, or utility lines,
including such lines in already constructed property, including land
clearing, grading, excavating and filling.
Any device designed and intended for use in construction,
including, but not limited to, any air compressor, pile driver, bulldozer,
pneumatic hammer, steam shovel, derrick, crane, or steam or electric
hoist.
Any material, regardless of composition or design, and customarily
used in construction, including, but not limited to, any rails, pillars,
columns, beams, bricks, flooring, wall, ceiling or roofing material,
gravel, sand, cement or asphalt.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or danger to human life or property damage
which demands immediate action.
Any work or action necessary to deliver essential services,
including, but not limited to, repairing water, gas, electricity,
telephone and sewer facilities and public transportation, removing
fallen trees on public rights-of-way and abating life-threatening
conditions.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or similar place that is owned or controlled by a governmental entity.
Any real property or structures located thereon owned or
controlled by a governmental entity.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Any property used for human habitation.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
Any carrier which is propelled or drawn on land or water
by an engine or motor or other artificial or natural means of propulsion.
The Village of Harriman, Orange County, New York.
It shall be unlawful for any person to make, continue, cause to be made or permit to be made any unreasonable noise within the Village of Harriman. The determination as to the existence of unreasonable noise may be established by the specific acts considered to be unreasonable noise enumerated within § 94-4 of this chapter.
The following acts constitute unreasonable noise:
A.
The use of any sound-reproduction device, radio apparatus, talking
machine, loudspeaker, musical instrument or amplifier attached thereto
outside a structure either on private property or on a public right-of-way
or public space at any time within the Village which, by causing noise,
annoys or disturbs the quiet, comfort or repose of a reasonable person
of normal sensitivities. This provision shall not be construed to
prohibit public performances or parades being conducted in accordance
with a special permit granted by the Village or any event sponsored
by the Village.
B.
The use of any sound-reproduction device, radio apparatus, talking
machine, loudspeaker, musical instrument or amplifier attached thereto
inside a structure in such a manner as to result in the sound or any
part thereof from such apparatus to be projected therefrom outside
of the structure or out of doors at any time whereby the sound can
be audibly heard more than 100 feet from the real property boundary
line from which the noise emanates which would annoy or disturb the
quiet, comfort or repose of a reasonable person of normal sensitivities.
C.
The keeping of any animal or bird which, by causing frequent or long-continued
noise, shall disturb the comfort and repose of any person in the vicinity.
D.
The use of any automobile, motorcycle, trail bike, minibike, snowmobile,
bus, vehicle, boat, truck, all-terrain vehicle, motor-driven equipment
or motor-driven vehicle, or other type of water- or sea-going vessel
in such a manner as to create noise which would annoy or disturb a
reasonable person with normal sensitivities or if it injures or endangers
the comfort, repose, health, hearing, peace or safety of another person.
E.
Construction activity:
(1)
Except as provided for in this section, no person shall engage in
the erection, construction (including excavating), grading, dredging
or pneumatic hammering, demolition, alteration or repair of any building
or structure other than on weekdays and Saturdays between the hours
of 7:00 a.m. and 6:00 p.m. or on Sundays between the hours of 10:00
a.m. and 4:00 p.m.
(2)
Any person desiring to engage in the aforesaid activity beyond the
stated hours of limitation, based upon cases of emergency, urgent
necessity or upon the interests of public health, safety and convenience,
may apply to the Building Department for a special permit allowing
such activity. The permits, if granted, shall be limited to a period
of up to three days' duration but may be renewed for additional
periods of up to three days each if the emergency or need continues.
(3)
Construction devices. No person shall operate or use, or cause to
be operated or used, a construction device in such a way as to create
any unreasonable noise as defined herein.
F.
The creation of any excessive noise on any street adjacent to any
school, institution of learning or court while the same is in session,
or any street adjacent to any hospital, which unreasonably interferes
with the workings of such institutions, provided that conspicuous
signs are displayed on such streets indicating that the same is a
school, hospital or court street.
G.
The creation of a loud and excessive noise in connection with the
loading or unloading of any vehicle or the opening and destruction
of bales, boxes, crates and containers in such a manner as to create
an unreasonable or unnecessary noise of unreasonable extent and duration.
H.
Yelling, shouting, or hooting, on or open to the public space or
public right-of-way, including, but not limited to, the yelling and
shouting of peddlers, hawkers and vendors, that either annoys or disturbs
a reasonable person with normal sensitivities or if it injures or
endangers the comfort, repose, health, hearing, peace or safety of
another person.
I.
The use of any drum, loudspeaker or other instrument or device for
the purpose of attracting attention to any sale or display of merchandise
by the creation of noise.
J.
The sounding of any horn or signal device on any automobile, motorcycle,
bus, or other vehicle except as a warning signal, pursuant to the
provisions of Subdivision 1 of § 375 of the Vehicle and
Traffic Law of the State of New York, except by an authorized emergency
vehicle.
K.
No person shall operate or use, or cause to be operated, any lawn
maintenance device, including mowers, blowers, edgers, trimmers, chain
saws and power-driven equipment, other than on weekdays and Saturdays
between the hours of 7:00 a.m. and 7:00 p.m. or sunset, whichever
occurs later, or on Sunday between the hours of 10:00 a.m. and 7:00
p.m. This provision shall not apply to the use of such equipment reasonably
necessary to abate or respond to an emergency, as defined herein,
but only for so long as the emergency continues to exist.
L.
No person shall operate or use, or cause to be operated, any machinery,
equipment, pump, fan, air-conditioning apparatus or similar mechanical
device, lawn maintenance device, or construction device in such a
way as to create an unreasonable noise as defined herein, except when
the use of such equipment is reasonably necessary to abate or respond
to an emergency, as defined herein, but only for so long as the emergency
continues to exist except during the occurrence of an emergency.
It shall be unlawful for any person to use or operate, or cause
to be used or operated, any sound device or apparatus in, on, near
or adjacent to any public street, park or place for commercial or
business advertising purposes or for any person to operate or drive
any automobile, truck or other vehicle for commercial or business
advertising by means of any sound device or apparatus. The use of
any trade, business or corporate name or the name of any person, proprietor
or vendor in such commercial or business advertising shall be presumptive
evidence that such advertising was conducted by that person, business
or corporation.
The following sounds shall not be deemed to be a violation of
this chapter:
A.
Sounds created by church bells or chimes.
B.
Sounds created by any government agency by the use of public warning
devices.
C.
Sounds created by public utilities in carrying out the operation
of their franchises.
D.
Sounds connected with sporting events of any public or private school
or authorized carnival, fair, exhibition, parade, etc., allowed by
permit of the Village Board.
E.
Sounds on private property which do not carry beyond the boundary
lines of the property on which they are created.
F.
Use of loudspeakers in connection with voter registration projects
and, within 30 days prior to an election, the use of loudspeakers
in connection with election campaigns between 9:00 a.m. and 8:00 p.m.,
prevailing time.
G.
Sounds created by snowblowers or other snow-removal devices during
hours that necessitate removal of snow; provided, however, that the
operation of such devices is conducted in a reasonable manner and
for a reasonable extent of time.
H.
Emergency work, as defined in this chapter, but only for so long
as an emergency continues.
Any person convicted of a violation of any provision of this
chapter, for a first conviction thereof, shall be subject to a fine
not less than $100 and not greater than $350 or a maximum of 15 days'
imprisonment, or both such fine and imprisonment; for a second such
conviction and each subsequent conviction, such person shall be subject
to a mandatory fine of $350, or a maximum of 15 days' imprisonment,
or both. A person who is convicted of any provision of this chapter
shall pay restitution to the Village of Harriman in an amount equal
to all costs and expenses, including reasonable attorney's fees,
incurred by the Village in the prosecution of violations of this chapter.
The provisions of this chapter shall be enforced by the Police
Department of the Village of Harriman or other officials designated
by the Village Board.
No provision of this chapter shall be construed to impair any
common law or statutory cause of action or legal remedy therefrom
of any person for injury or damage arising from any violation of this
chapter.
