[HISTORY: Adopted by the Board of Trustees
of the Village of Larchmont 1-10-2005 by L.L. No. 1-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 97.
Blasting — See Ch. 107.
Business hours — See Ch. 129.
Harbor — See Ch. 169.
Peace and good order — See Ch. 207.
Zoning — See Ch. 381.
Fireworks — See Ch. A395.
[1]
Editor's Note: This local law also repealed
former Ch. 195, Noise, adopted 4-19-1982 by L.L. No. 5-1982, as amended.
The creation of any unreasonably loud, disturbing
and unnecessary noise is prohibited. Noise of such character, intensity
and duration as to be detrimental to the life or health of any individual
is prohibited.
The following acts, among others, if they exceed the limits described in § 195-3 below, are declared to be loud, disturbing and unnecessary noises in violation of this chapter. but any enumeration herein shall not be deemed to be exclusive:
A.
The operation of any machinery (including construction
machines), equipment, pump, exhaust fan, attic fan, air-conditioning
apparatus. motorized gardening equipment or other mechanical device,
electronic device, television, radio, tape player, CD player, DVD
player, phonograph or other such device.
B.
The loading or unloading of vehicles.
C.
The continuous barking of any dog.
D.
The use of any instrument with such volume as to create
any noise in excess of the sound-pressure levels hereinafter designated.
A.
Except for noise emanating from the operation of motor vehicles, power tools, construction equipment, gardening equipment and leaf blowers (all of which are dealt with separately below or in Chapter 180 of this Code), the permissible intensity of noise from any source not specifically exempted herein between the hours of 8:00 a.m. and 10:00 p.m. and from 10:00 p.m. to 8:00 a.m., respectively, whether such noise is intermittent, impulsive, sporadic or continuous, is as follows: the maximum sound-pressure level [A-scale reading of standard calibrated sound meter, instrument calibration frequency of 100 cycles per second (hertz)]:
[Amended 10-19-2020 by L.L. No. 7-2020]
B.
The intensity of sound shall be measured at a point
no closer than 60 feet to the noise source, as best that point can
be estimated by the operator of the sound-measuring device without
the use of any distance-measuring equipment.
[Amended 12-14-2015 by L.L. No. 5-2015]
A.
Noise emanating from the operation of motor vehicles
on public highways is regulated by the New York State Vehicle and
Traffic Law. The maximum noise levels set forth in the Vehicle and
Traffic Law for the operation of motor vehicles on public highways,
as they may be amended from time to time, are hereby designated to
be the maximum permissible noise levels for the operation of motor
vehicles on all other property in the Village of Larchmont.
B.
Power tools and construction equipment.
(1)
During the times specified below, the permissible
intensity of noise emanating from the operation of power tools and
construction equipment, whether such noise is intermittent, impulsive,
sporadic or continuous, is the maximum sound-pressure level [A-scale
reading of standard calibrated sound meter, instrument calibration
frequency of 100 cycles per second (hertz)] of 70 decibels. The intensity
of sound shall be measured at a point no closer than 60 feet to the
noise source, as best that point can be estimated by the operator
of the sound-measuring device without the use of any distance-measuring
equipment:
[Amended 8-17-2015 by L.L. No. 3-2015; 10-19-2020 by L.L. No. 7-2020]
B.
No person shall operate within the Village of Larchmont
any gardening equipment powered by an internal combustion engine,
including but not limited to lawn mowers, except at the following
times:
(1)
Monday through Friday, excluding holidays: between
8:00 a.m. and 5:30 p.m., except grass may be cut with an internal
combustion engine lawn mower by an occupant of the premises where
it is being cut on weekdays between the hours of 5:30 p.m. and 8:00
p.m.
(2)
Saturday: 9:00 a.m. to 6:00 p.m.
(3)
Sunday and holidays: 10:00 a.m. to 5:00 p.m.
C.
Notwithstanding anything to the contrary herein, it
shall be a violation hereof to operate any gardening equipment powered
by an internal combustion engine in the Village of Larchmont without
a properly functioning muffler.
Upon the trial of any person charged with creating unreasonably loud, disturbing and unnecessary noise in violation of this chapter, the court may admit evidence of sound-pressure levels in decibels as shown by a standard calibrated sound meter. For the purpose of this section, evidence that noise exceeding the maximum sound-pressure levels in decibels, as provided in §§ 195-3A and 195-4 hereof, may be admitted as prima facie evidence that the noise was unreasonably loud, disturbing and unnecessary.
Use of loudspeakers, the sound from which can
be heard out-of-doors, is hereby prohibited, except for the following
purposes:
A.
On police, fire, civil defense and other vehicles
engaged in official municipal functions.
B.
On municipal athletic fields and parks, on school
athletic fields and on grounds of membership clubs in connection with
athletic and sporting events and celebrations, provided that permission
shall have been granted for the same by the Chief of Police or his/her
deputy, which permission may be subject to such conditions (including
limitation of hours) as the Chief of Police or his/her deputy deem
appropriate.
C.
On one- and two-family residential private property
for special occasions (e.g., at-home wedding reception), provided
that permission shall have been granted for the same by the Chief
of Police or his/her deputy, which permission may be subject to such
conditions (including limitation of hours) as the Chief of Police
or his/her deputy deem appropriate.
A.
The owner of any animal which barks, whines, lows
or makes any other noise continuously for a period of 10 minutes or
more at a volume which can be heard anywhere beyond the owner's premises
shall be guilty of violating this chapter.
B.
For the purpose of this section, "continuously" shall
be constant, without any period of silence that exceeds 30 seconds.
Noise emanating from parades and sirens and
whistles used by the Fire and Police Departments, authorized emergency
vehicles, civil defense and any other municipal department or agency
for official functions shall not be subject to the provisions of this
chapter.
A.
Both the owner of any instrumentality exceeding permissible
noise levels and its operator shall be deemed violators of this chapter.
B.
Any person violating any of the provisions of this
chapter shall be punishable, upon conviction thereof, by a fine not
exceeding $250 or imprisonment not exceeding 15 days, or both.