[HISTORY: Adopted by the Board of Trustees
of the Village of Old Field 7-22-1963; amended in its entirety 11-14-2000 by L.L. No. 5-2000. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any commercial gardener, landscaper, tree surgeon or other
individual involved in a lawn or ground maintenance business.
Any tractor, bulldozer, backhoe, earth-moving machine, cement
mixer, crane, construction generator or other similar construction
machinery.
Any powered leaf blower, mower, chain saw, grinder, trimmer,
wood chipper or other internal combustion engine apparatus or landscaping
equipment used for lawn or ground maintenance.
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.
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, ambulance
and other emergency vehicles and municipal vehicles. "Motor vehicle"
shall exclude farm-type tractors and vehicles used primarily for agricultural
purposes or ground maintenance.
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.
New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
[Added 4-14-2015 by L.L.
No. 2-2015]
Any self-propelled vehicle which is used primarily for off-highway
operation or competitive events, even though incidentally operated
on a public highway, such as, but not limited to, a go cart, all-terrain
vehicle, unlicensed motorcycle, motorbike or snowmobile. "Recreational
vehicle" shall not include any vehicle used for municipal purposes
or emergency service.
It shall be unlawful for any person to make,
continue, permit or cause to be made or continued any loud, unnecessary
or unusual noise which either annoys, disturbs or injures or endangers
the comfort, repose, health, peace or safety of a reasonable person
of normal sensitivities.
The following restrictions are specific enactments
to curb and prevent disturbing and unnecessary noises in violation
of this chapter, but said enumeration shall not be deemed to be exclusive.
A.Â
No person shall maintain or operate or permit to be
maintained or operated any loudspeaker in such a manner that it will
project sound outdoors or inside of any building so that the sound
is audible for a distance of more than 60 feet from the point of its
origin or building.
B.Â
Nothing herein contained shall be construed to prohibit
the operation of a loudspeaker for private entertainment for a property
owner's private gathering between the hours of 6:00 p.m. and 12:00
a.m. on Fridays, 1:00 p.m. and 12:00 a.m. on Saturdays, and 2:00 p.m.
and 8:00 p.m. on Sundays, provided that such property owner has not
had more than two such gatherings within the preceding 12 months.
A.Â
No person shall operate or cause to be operated any
aircraft for any purpose over the Village with sound-amplifying equipment
in operation audible to persons on the ground. This prohibition includes
amplification of human voices and musical instruments and forbids
the broadcasting of the advertisement of any product, function or
cause and the dissemination of messages, recitals, reading or other
materials of any kind, unless the same shall have been duly authorized
by an official agency of government.
B.Â
The prohibition herein shall not apply to broadcasting
of warning signals from devices installed on authorized aircraft or
to the use of any horn or other mechanical device when operated to
ensure safety in navigation.
No person shall use or cause to be used a sound
truck or other mechanical sound-amplifying device at any place within
the Village, unless prior permission, in writing, is secured from
the Village Board.
No person shall sound any horn or signaling
device on any motor vehicle or recreational vehicle, except as a danger
or warning signal.
No person shall discharge the exhaust of any internal combustion engine, without a muffler or other device which will effectively prevent unlawful noise as defined by § 64-2 emanating therefrom. The continuous use or operation of any recreational vehicle on private property, for a period exceeding 30 minutes, is prohibited at any time.
No person shall use, operate, discharge, install,
cause or permit to be used, operated, discharged or installed any
noise-making device.
No person shall allow or permit a burglar alarm
or other alarm system of any building, motor vehicle, recreational
vehicle or boat to sound for a continuous period exceeding 15 minutes
in duration.
No person shall intentionally use or operate
a motor vehicle or recreational vehicle in such a manner as to cause
excessive squealing or other excessive noise of the tires.
[Amended 4-14-2015 by L.L. No. 2-2015; 6-11-2019 by L.L. No. 2-2019]
A.Â
The following acts are prohibited between the hours of 6:00 p.m. and 8:00 a.m. of the following morning, at any time on Sunday and public holidays as defined in § 64-1.
(1)Â
The
construction, demolition, alteration or repair of any building or
the operation of construction machinery. Nothing herein shall be construed
to prohibit work on the interior of a building which is entirely enclosed,
or the use of small power tools and machinery by a person who owns
or occupies the property.
(2)Â
The
use or operation of any landscaping equipment by a commercial landscaper.
(3)Â
The
use of explosives, firearms or similar devices, except as otherwise
permitted by law.
The provisions of this chapter shall not apply
to the following acts:
A.Â
The emissions of sound for the purpose of alerting
a person of an existing emergency.
B.Â
Noise from a municipally sponsored celebration, event
or other authorized municipal activities.
C.Â
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.
D.Â
The operation of a generator for emergency purposes.
E.Â
Noise generated by a municipality during any emergency
repair and maintenance or any other repair or maintenance undertaken
by the municipality approved by the Mayor or Board of Trustees.
F.Â
Use of any horn or other mechanical device when operated
for safety purposes or to send a warning signals from authorized devices
installed on vehicles, aircraft or vessels.
G.Â
Conduct authorized pursuant to a permit issued by
the Mayor or the Board of Trustees, subject to the conditions and
restrictions imposed.
[Added 11-19-1985 by L.L.
No. 2-1985]
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.
