[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 2-2-1993 as L.L. No. 1-1993. Amendments noted where applicable.]
Dogs and other animals — See Ch. 67.
Firearms — See Ch. 83.
Peace and good order — See Ch. 125.
Zoning — See Ch. 193.
It is hereby declared to be the policy of the Incorporated Village of Lindenhurst to prevent excessive, unnecessary, unreasonable or unusually loud noise. It is further declared that the provisions and prohibitions hereinafter contain and enacted are in pursuance of and for the purpose of preserving, protecting and promoting the public health, comfort, convenience, safety, welfare, property and the peace and quiet of the Village of Lindenhurst and its inhabitants.
As used in this chapter, the following terms shall have the meanings indicated:
- UNREASONABLE NOISE
- Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business. Standards to be considered in determining whether "unreasonable noise" exists in a given situation include but are not limited to the following:
- A. The volume of noise.
- B. The intensity of the noise.
- C. Whether the nature of the noise is usual or unusual.
- D. Whether the origin of the noise is natural or manmade.
- E. The volume and intensity of the background noise, if any.
- F. The proximity of the noise to residential dwellings.
- G. The nature and the zoning district of the area within which the noise emanates.
- H. The time of the day or night the noise occurs.
- I. The time duration of the noise.
- J. Whether the sound source is temporary.
- K. Whether the noise is continuous.
No person shall make, continue or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise which either annoys, disturbs, injures or endangers or tends to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of other persons or the public.
The following acts, among others, are declared to be loud, disturbing and unreasonable noise in violation of this chapter but any enumeration herein shall not be deemed to be exclusive:
Radios, televisions, phonographs and musical instruments.
The operation of any radio, including motor vehicle radio(s), phonograph or television or the use or operation of any television or radio receiving set, musical instrument, phonograph or other machine or device for producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort or repose of any neighboring inhabitants or, at any time, of louder volume than is necessary for convenient hearing of the person or persons who are in the room, vehicle or chamber area in which such machine or device is operated and who are voluntary listeners thereto.
The operation of any such act, instrument, phonograph, machine or device, between the hours of 11:00 p.m. until 7:00 a.m., in such a manner as to be plainly audible at a distance of 100 feet from the building, structure, vehicle or area in which it is located, shall be prima facie (self-evident) evidence of a violation of this section.
The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle except as a warning signal pursuant to the provision of § 1215 of the Vehicle and Traffic Law of the State of New York. Any type of unreasonable, unnecessary, excessive or unusually loud noise emanating from the above-mentioned source(s) which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of other persons or the public, shall be prima facie evidence of a violation of this section.
Yelling and shouting. Yelling, shouting, hooting, whistling or singing on any public street, sidewalk, business premises, public marina, public park area or public property, when intentionally done to create or when recklessly creating a risk of public annoyance, alarm or inconvenience, shall be prima facie evidence of a violation of this section.
Animals and birds.
No person shall keep, permit or maintain any animal, including a bird, under his control which frequently or for continued duration makes sounds which create unreasonable noise across a residential real property boundary. No person who owns, possesses or harbors an animal including birds, shall permit such animal to bark, howl, squawk or make other sounds which, frequently or for continued duration, create an unreasonable noise across a residential real property boundary.
Any animal or bird noise occurring between 10:00 p.m. and 7:00 a.m. and plainly audible across a residential real property boundary shall be prima facie evidence of a violation of this section.
Loading and unloading. No person shall engage in, cause or permit the loading, unloading, opening, closing or other handling of boxes, crates, containers, building material or similar objects between the hours of 9:00 p.m. and 6:00 a.m. of the following day in such a manner as to cause unreasonable noise across a residential real property boundary. The aforementioned shall be the prima facie evidence of a violation of this section.
Construction. No person shall operate or permit to be operated any tools or equipment used in construction, drilling or demolition work between the hours of 9:00 p.m. and 7:00 a.m. of the following day in such a fashion that the sound therefrom creates unreasonable noise across a residential real property boundary line. The aforementioned shall be the prima facie evidence of a violation of this section.
Squealing tires. No person shall operate a vehicle in such a manner as to cause unnecessary noise by spinning or squealing the tires of such vehicle.
Noise levels within any business or industrial district that are unreasonable, excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities creating an unreasonable noise across a residential property line shall be in violation of this chapter and will be prima facie evidence of the violation of this section.
Any person or persons, association or corporation committing an offense against this chapter, or any section or provision thereof, is guilty of a violation punishable by a fine of not less than $50 nor more than $500. Each day (twenty-four-hour period) of violation of any provision of this chapter shall constitute a separate offense.
The provisions of this chapter shall not apply to the following:
Sporting, amusement and entertainment events during practice, rehearsal and performance. This exception does not apply to sounds created by the sound reproduction devices of commercial operations, including but not limited to music and loudspeakers.
Emergency work and safety and protective devices used to alert persons of an emergency.
Any person seeking a special variance pursuant to this section shall file an application with the Lindenhurst Village Board. The application shall contain information as may be required by the Village Board. Such information shall further include but not be limited to the following:
The plans, specifications and other information pertinent to such sources.
The characteristics of the sound emitted by the source, including but not limited to the sound levels, the presence of impulsive sounds and the hours during which such sound is generated.
The noise abatement and control methods used to restrict the emission of sound.
In determining whether to grant or deny the application, a balance of the hardship to the applicant, the community and other persons of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact of property affected and any other adverse impacts of granting the special variance will be considered.
If the special variance is granted, it may contain restrictions and conditions, including a time limit on the permitted activity.