Village of Larchmont, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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Editor's Note: This local law also repealed former Ch. 195, Noise, adopted 4-19-1982 by L.L. No. 5-1982, as amended.

§ 195-1 Offensive noises prohibited.

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.

§ 195-2 Enumeration of prohibited noises.

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 harking 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.

§ 195-3 Maximum sound-pressure levels; measurement standards.

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), 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)]:
(1) 
From 8:00 a.m. to 10:00 p.m.: 70 decibels.
(2) 
From 10:00 p.m. to 8:00 a.m.: 62 decibels.
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.

§ 195-4 Motor vehicles, power tools and construction 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:
(a) 
Monday through Friday: 8:00 a.m. to 7:00 p.m.
(b) 
Saturday: 9:00 a.m. to 6:00 p.m.
(2) 
Sundays and holidays:
(a) 
Construction equipment or power tools which can be heard beyond the perimeter of the property from which the noise originates may not be operated.
(b) 
Holidays, for the purposes of this chapter, shall be the following:
[1] 
New Year's Day: January 1.
[2] 
Memorial Day: last Monday in May.
[3] 
Independence Day: July 4.
[4] 
Labor Day: first Monday in September.
[5] 
Thanksgiving Day: fourth Thursday in November.
[6] 
Christmas Day: December 25.
(3) 
At all other times:
(a) 
Construction equipment may not be operated; and
(b) 
Power tools may be operated only indoors.

§ 195-5 Motorized gardening equipment and leaf blowers.

[Amended 8-17-2015 by L.L. No. 3-2015]
A. 
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 and leaf blowers on dates when leaf blowers are allowed to be operated, 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.
B. 
Between June 1 and September 30, inclusive, of each calendar year, no person shall operate any leaf blower within the Village of Larchmont. Between October 1 and May 31, inclusive, no person shall operate any leaf blower within the Village of Larchmont except at the times specified in § 195-5A(1), (2), and (3) of this chapter.
C. 
For purposes of this chapter, the term "leaf blower" shall mean any device powered by an internal combustion engine which is used or designed to move leaves, grass, clippings, dust, dirt or other matter by blowing them with air emitted by such device.
D. 
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.

§ 195-6 Measurement of sound-pressure levels as legal evidence.

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.

§ 195-7 Loudspeakers restricted.

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.

§ 195-8 Animals; owner liability.

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.

§ 195-9 Exceptions.

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.

§ 195-10 Penalties for offenses.

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.