Village of Bayville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 2-8-1971; amended in its entirety 9-27-1976 by L.L. No. 5-1976. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 46.
Noise by peddlers — See Ch. 48.

§ 42-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AMBIENT NOISE
The all-encompassing noise associated with an environment being usually a composite of sounds from many sources near and far.
BEL
A unit of level when the base of a logarithm is ten (10). Use of the "bel" is restricted to levels of quantities proportional to power.
dB(A)
A weighted sound pressure level in accordance with the requirements set forth in IEC (International Electrotechnical Commission) Recommendations Publication 179.
dB(D)
A weighted sound pressure level in accordance with the requirements set forth in the draft secretariat revision, November 1967, of ISO (International Organization for Standardization) Recommendations Publication 507.
DECIBEL
One-tenth (1/10) of a bel and a unit of level when the base of the logarithm is the tenth root of ten (10) and the quantities concerned are proportional to power.
FREQUENCY
The frequency of a function periodic in time is the reciprocal of the period. The unit is a cycle per unit time (cps) or hertz (Hz).
MICROBARS
A unit of pressure commonly used in acoustics and is equal to one (1) dyne per square centimeter.
NOISE
Any undesired sound or unwanted disturbance, such as a substantial increase in the ambient noise caused by the operation of any mechanism or device.
SOUND LEVEL METER
An instrument for the measurement of noise and sound levels in a specified manner; an instrument which includes a microphone, amplifier, output meter and frequency-weighting meter works.
SOUND PRESSURE LEVEL
The sound pressure level, in decibels, of a sound is twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of this sound to the reference pressure, which reference pressure must be explicitly stated.
STEADY-STATE NOISE
Any noise having a duration in excess of one (1) minute shall be considered a "steady-state noise" and the limits of Table 1 of this chapter shall apply.
TRANSIENT NOISE
Any noise having the duration of one (1) minute or less shall be considered a transient noise and the limits of Table 1 of this chapter shall apply.
WEIGHTED SOUND PRESSURE LEVEL
A sound pressure level in decibels that is weighted as a function of a specific frequency repose as required by IEC 179 or ISO 507.

§ 42-2 Declaration of policy.

It is hereby declared to be village policy to prevent any unreasonable noise detrimental to the public welfare. The prohibitory clauses of this chapter shall not apply to mechanisms or devices used in the home and real property maintenance. The following examples are inclusive but not exclusive: lawn mowers, hedge clippers, power saws, snowblowers and Rototillers. These machines shall not be excluded from the prohibitory provision of this chapter on Sundays.

§ 42-3 Enumeration of prohibited noises.

The following acts are prohibited:
A. 
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 provisions of § 15 of the Vehicle and Traffic Law of the State of New York.
B. 
The operation of any radio or phonograph or the use of any musical instrument in such a manner or with such volume so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.
C. 
The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any person in the vicinity.
D. 
The use of any automobile, motorcycle, streetcar or vehicle so out-of-repair or so loaded as to create loud and unnecessary grating, grinding, rattling or other noise.
E. 
The blowing of any steam whistle attached to any stationary boiler, except to give notice of time to begin or stop work or as a warning of danger.
F. 
The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine or motor vehicle engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
G. 
The creation of noise by the erection, including excavating, demolition, alteration or repair, of any building other than between 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public safety and then only with a permit from the Building Inspector, which permit may be renewed for a period of three (3) days or less while the emergency continues.
H. 
The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same is in session, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
I. 
The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
J. 
The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
K. 
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any performance, show or sale or display of merchandise by the creation of noise.
L. 
The creation of noise by the use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes.
M. 
The use of any radio apparatus, talking machine, loudspeaker or amplifier attached thereto in such a manner that the loudspeaker shall cause the sound from such radio apparatus or talking machine to be projected directly therefrom outside of any building or out of doors; or the use of any radio apparatus, talking machine, loudspeaker or amplifier which is in any way fastened to or connected with any outside wall or window. Nothing herein contained shall be construed to prevent the operation of a radio apparatus or talking machine used in a reasonable manner by any person within any building or structure, provided that the said radio apparatus, talking machine or loudspeaker shall not project the sound therefrom directly outside of any building or out of doors.
N. 
No persons shall operate or cause to be operated any mechanism or device which shall create a noise at the offender's property line exceeding the levels presented in Table 1 below.
O. 
The operation of any machinery, equipment, pump exhaust fan, attic fan, air-conditioning apparatus or similar mechanical device in such manner as to create any noise violating the levels presented in Table 1 below.
P. 
The limits below may be measured according to the dB(D) or dB(A) method. Readings on an appropriate instrument using the slow response are valid readings for the purpose of this chapter. The readings will be valid if the operator of the instrument, in his expert opinion, reads them as specific decibel levels even though fluctuations above and below the readings exist.
TABLE 1
Noise Level Limits (dB re 0.0002 microbars)
Time
Steady-State
Transient
dB(A)
dB(D)
dB(A)
dB(D)
Weekdays and Saturdays, 7:00 a.m. to 10:00 p.m.
52
59
72
79
Sundays and holidays, 7:00 a.m. to 10:00 p.m.
50
57
70
77
All evenings, 10:00 p.m. to 7:00 a.m.
45
52
65
72

§ 42-4 Enforcing authority.

Any member of the Village Board, the Building Inspector, any duly authorized officer or agent of the Village Board or any member of the Nassau County Police Department is hereby empowered to enforce the provisions of this chapter.

§ 42-5 Special permits.

The Village Clerk may issue, in his or her discretion, a special permit to allow noise above the stated level if a public service announcement is to be made by a nonprofit public service organization or the village government concerning a special event of unusual interest. The maximum time is twelve (12) hours.

§ 42-6 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense for each day [twenty-four (24) hours] shall be deemed a distinct and separate violation.