Village of Woodsburgh, NY Chapter 106 Peace and Good Order

[HISTORY: Adopted by the Board of Trustees of the Village of Woodsburgh: Art. I, 11-25-1940 as Ord. No. 28; Art. II, 8-16-1976 as L.L. No. 4-1976. Sections 106-2 and 106-6 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Dogs and other animals — See Ch. 67.

Parades and assemblies — See Ch. 101.

Article I Dumping

[Adopted 11-25-1940 as Ord. No. 28]

§ 106-1 Dumping prohibited.

It shall be unlawful for any person or persons to dump any waste, rubbish or refuse of any kind whatsoever in any part of the Village of Woodsburgh.

§ 106-2 Penalties for offenses.

[Added 11-23-1987 by L.L. No. 5-1987; amended 12-11-1989 by L.L. No. 25-1989]

Offenses against this Article shall be punishable as set forth in Chapter 1, General Provisions, Art. II.

Article II General Conduct Regulations

[Adopted 8-16-1976 as L.L. No. 4-1976]

§ 106-3 Premises to be kept free of trash.

Every owner, occupant or person entitled to possession of any house, store, multiple dwelling or other building or vacant lot or parcel of land within the village shall at all times keep such premises free from rubbish, trash or garbage.

§ 106-4 Garden and lawn debris.

[Added 4-16-1979 by L.L. No. 4-1979]

Every owner or person entitled to possession of real property within the village shall at all times keep such property and the street abutting the same from unreasonable accumulations of leaves, grass clippings, fallen trees or branches thereof and other garden or lawn debris.[1]

[1] Editor's Note: Original Sections 2 and 3, dealing with lewd and obscene materials, which immediately followed this section, were repealed 12-11-1989 by L.L. No. 25-1989.

§ 106-5 Regulation of artificial lighting.

[Added 6-29-2020 by L.L. No. 2-2020[1]]

A. Prohibited lighting. Except as otherwise permitted in this section, no person, firm or entity, or their respective agents, servants, guests or employees shall install, repair, alter, replace, relocate, operate or maintain any permanent outdoor light fixture, lamp or other artificial means of radiating light on private property in the Village ("exterior lighting") that does not comply with any one or more of the following requirements:

(1) All exterior lighting shall be either fully shielded or fitted with opaque hoods, shields, louvers, shades, or other devices to insure that all light generated by the light source is directed downward and not outward horizontally, and so fitted that no portion of the light source is visible when the light fixture is viewed from the property line or beyond. The term "light source" includes the light bulb and all refractive, reflective, and translucent light-transmitting parts of the fixture. Post lanterns, pier lanterns and lanterns mounted on residences are exempt from the provisions of Subsections A(1) and (2) of this section.

(2) No exterior light source, including fixtures not mounted on the primary structure, shall be mounted higher than 12 feet measured from the actual grade immediately beneath the light source. Excluded from this requirement is any exterior light source contained within the soffit of the principal structure, so long as such light source complies with all other subsections in this section.

(3) No exterior lighting shall illuminate any public or private road, public right-of-way, public waterway, public beach, or conservation easement.

(4) No exterior light source shall illuminate, reflect, spill over, or otherwise create a nuisance upon an adjoining property or properties.

(5) No flashing, laser, searchlight, strobe, tracing, pulsating, or neon exterior lighting is permitted.

(6) No recreational court, including tennis courts, basketball courts, or sports courts, shall be artificially illuminated after 9:00 p.m.

(7) Lighting intended to illuminate foliage, trees, landscape, or architectural structures must be fully shielded and turned off daily by 12:00 midnight. Temporary holiday exterior lighting is exempt from the provisions of this chapter, except that such temporary exterior lighting shall not be lit earlier than 21 days before the date of the respective holiday and must be disabled within 15 days after the date of the respective holiday and must be turned off daily by 12:00 midnight.

(8) No outdoor light fixture shall be operated by a "dusk to dawn" timer or sensor, unless motion-sensor activated. Motion-sensor light fixtures shall be operated to shut off after 10 minutes and shall not be triggered by activity located beyond the boundary line of the property on which the light fixture is located.

(9) Exterior light source(s) illuminating a driveway or walkway shall be mounted only along the margins of the driveway or walkway, mounted no higher than 18 inches from the grade at its base and spaced at intervals of no less than six feet. Exterior light sources mounted on an entrance pier shall be no higher than 18 inches above the top of the pier.

(10) Exterior light source(s) installed on or along fences, including fence posts, are prohibited.

(11) Lighting that is determined by municipal law enforcement personnel to contribute to a condition of disabling or distracting glare into a public roadway from a light source.

B. Existing lighting.

(1) Exterior lighting installed on private property as of June 29, 2020, which does not conform with Subsection A(1), (2), (3), (4), (5), (9), (10) and/or (11) ("Nonconforming lighting"), may continue to remain on such private property upon registering such lighting as provided herein. On or before December 29, 2020, the owner of any property where such nonconforming lighting exists shall register such lighting with the Village Building Department, and such registration shall include the location of such nonconforming lighting. If any nonconforming lighting is not timely registered as required by this subsection, the right to continue any such lighting shall terminate on December 29, 2020, unless a variance to retain such lighting is obtained from the Board of Appeals. If any exterior lighting claimed to exist on June 29, 2020, is not registered as required by this subsection, it shall be presumed that the installation commenced on or after June 29, 2020, and the authorization to maintain such lighting shall require a variance from the Board of Appeals.

(2) Exterior lighting that does not comply with Subsection A(6), (7) and/or (8) and exists on the effective date of § 106-5, shall be extinguished or brought into compliance with the provisions of this § 106-5 on or before December 29, 2020.

C. Complaints.

(1) Any person complaining about a violation of this chapter may make a written complaint to the Building Inspector. Each complaint submitted to the Building Inspector shall include the date, time, place and manner in which a violation of this chapter has occurred and must be signed by the complainant.

(2) Upon receipt of a written complaint, the Building Inspector, upon verification of a violation, may issue an appearance ticket and otherwise take lawful action to enforce compliance with this chapter.

D. Penalties for offenses. Any person, firm or corporation who violates any section of this chapter or fails to timely comply with a notice, order or directive of enforcement personnel shall be subject to the enforcement and penalty provisions of Chapter 1 of the Village Code.

[1] Editor's Note: Former § 106-5, Signs and placards, as amended, was repealed 3-25-1996 by L.L. No. 3-1996. See now § 150-50.1, Signs.

§ 106-6 Regulation of unreasonable noise.

[Added 6-29-2020 by L.L. No. 2-2020[1]]

A. No person shall make, cause or permit to be made any unreasonable noise within the geographical boundaries of the Village of Woodsburgh or within those areas over which the Village has jurisdiction, including the water bodies adjacent to the Village.

B. Unreasonable noise which shall constitute a violation of this section shall be any continuous, frequent or repetitive loud sound which annoys, disturbs or interferes with the comfort, repose, peace or reasonable and normal activities of a reasonable person of normal sensitivities lawfully occupying an area adjacent to or in the vicinity of the source of the sound, taking into account the standards set forth in § 106-6C.

C. Standards to be considered in determining whether unreasonable noise exists in a particular situation include, but are not limited to:

(1) Volume of the noise.

(2) Intensity of the noise.

(3) Whether the nature of the noise is usual or unusual.

(4) Whether the origin of the noise is natural or man-made.

(5) The nature and the zoning district of the areas within which the noise emanates and impacts.

(6) Time of day.

(7) Duration of the noise.

(8) Whether the noise is continuous or impulsive.

D. Each of the following shall constitute unreasonable noise:

(1) Playing or permitting the operation of any radio, television, electronic device, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound so as to produce unreasonable noise at any time. Said sound production or reproduction shall be deemed unreasonable noise if it is produced in a manner as to create noise that can be heard inside any residence located across any real property boundary lot line from the source of the noise, where all doors and windows are closed at such residence. Said sound shall be deemed unreasonable noise if it is produced in a manner as to create noise that can be heard between 11:00 p.m. and 10:00 a.m. across any real property boundary lot line from the source of the noise.

(2) Use of a horn or other signaling device in any case, except in an emergency.

(3) Air conditioning, HVAC, generator equipment or pool equipment shall not be used or continue to be used when such equipment generates a noise level in excess of 50 decibels across any real property boundary line.

(4) Repair, test, rebuild or modify any vehicle, motorcycle or boat in a manner to cause unreasonable noise across any boundary line.

(5) A domestic animal barking, whining, yelping or howling continuously.

E. Nothing in this section shall be construed to abridge or supersede any state or federal laws, rules or regulations.

[1] Editor's Note: This local law also redesignated former § 106-6 as § 106-7.

§ 106-7 Penalties for offenses.

[Amended 11-23-1987 by L.L. No. 5-1987; 12-11-1989 by L.L. No. 25-1989]

Offenses against this Article shall be punishable as set forth in Chapter 1, General Provisions, Article II.