[HISTORY: Adopted by the Board of Trustees
of the Village of Brewster 9-19-2007 by L.L. No. 5-2007. Amendments noted where
applicable.]
This chapter shall be known as the "Noise Law
of the Village of Brewster," for the protection of the economic and
social welfare, health and peace of the people of the Village of Brewster,
and all its provisions shall be construed for the accomplishment of
that purpose.
It shall be unlawful for any person to make,
continue or cause to be made or continued any loud, unnecessary or
unreasonable noise or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of others,
within the Village of Brewster, New York. For purposes of this chapter,
"unreasonable noise" is any disturbing, excessive or offensive sound
that disturbs a reasonable person of normal sensitivities.
[Amended 3-21-2018 by L.L. No. 2-2018]
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive:
A.
Any unnecessary noise from any source between the hours of 10:00
p.m. and 7:00 a.m. the following day.
B.
Noise from a dog, or any other pet or farm animal, that is continuous
and exceeds 15 minutes.
C.
Noise from a burglar alarm or other alarm system of any building
or motor vehicle which is continuous and exceeds 15 minutes.
D.
The making of improper noise or disturbance or operating an automobile
or motorcycle in such a manner as to cause excessive squealing or
other excessive noise of the tires.
E.
The sounding of any horn or signaling device of an automobile, motorcycle
or other vehicle for any unnecessary or unreasonable period of time.
F.
The operation of any power or manual lawn mower or other noise-emitting
gardening equipment at any time, except between the hours of 8:00
a.m. to 8:00 p.m. on weekdays and Saturdays, and 10:00 a.m. to 8:00
p.m. on Sundays and holidays.
G.
The operation of or permitting the operation of any radio, television,
video cassette recorder, tape player, compact disc player, stereo,
musical instrument or other sound-producing device in an unreasonable
manner or with such volume so as to cause inconvenience or annoyance
to the neighborhood or to disturb the quiet comfort or repose of persons
in any dwelling or residence.
H.
Causing or permitting to be caused unnecessary noise, including the
erection, excavation, demolition, alteration or repair of any building
or structure, other than between the hours of 7:00 a.m. and 8:00 p.m.
on weekdays and Saturdays, and 10:00 a.m. to 8:00 p.m. on Sundays
and holidays.
I.
The operation of or causing to be operated any mechanism propelled
by electricity or by gasoline, fuel, oil or other combustible substance,
unless the same be properly equipped with a muffler so designed and
in such condition as to prevent unnecessary noise and cause a public
nuisance in its operation.
J.
Singing, talking, screaming or vocalizing in such a volume so as
to cause inconvenience or annoyance to the neighborhood or to disturb
the quiet comfort or repose of persons in any dwelling or neighborhood.
K.
Offering for sale anything by shouting or crying out upon the public
streets and sidewalks.
The provisions of this chapter shall not apply
to the following acts:
A.
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
B.
Noise from municipally sponsored celebrations or events.
C.
Noise from individually sponsored events where a permit
for public assembly or other relevant permission has been obtained
from the Village Clerk.
D.
The operation or use of any organ, radio, bell, chimes
or other instrument, apparatus or device by any church, synagogue
or school licensed or chartered by the State of New York, provided
that such operation or use does not occur between the hours of 10:00
p.m. and 7:00 a.m.
E.
Noise generated by the installation and maintenance
of utilities.
The purpose of this section is to provide for
variances from this chapter in cases where the strict application
thereof would result in practical difficulties or unnecessary hardships
inconsistent with the general purpose and objectives of this chapter.
A.
Any variance of this chapter may be granted by the
Village of Brewster Board of Trustees in accordance with the standards
and procedures set forth herein. In granting a variance, the Village
of Brewster Board of Trustees may impose conditions to protect the
best interests of the inhabitants of the premises, surrounding property
owners and occupants, the immediate neighborhood and the Village as
a whole.
B.
Variances may be instituted by filing an application
with the Village Clerk using forms supplied by the Village of Brewster
Board of Trustees, which shall include all information to be considered
by the Village of Brewster Board of Trustees necessary to make its
findings under this section.
C.
Within 30 days of receipt by the Village of Brewster
Board of Trustees of a completed application for a variance, the Board
shall give notice by regular mail. The Board shall grant, grant with
conditions or deny the variance for which application has been made.
The decision of the Board shall be in writing.
The Village of Brewster Police Department shall administer, implement and enforce the provisions of this chapter. In addition, any person authorized to enforce laws and codes may issue a ticket to any person in violation of this chapter. This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.
Nothing in this chapter shall restrict any right
which any person may have under any statute, including but not limited
to the Environmental Conservation Law, Vehicle and Traffic Law, Labor
Law and the Industrial Code, or common law, to seek enforcement of
any noise-control requirement or to seek any other relief.
Any person violating any of the provisions of
this chapter shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a penalty not greater than $250 and/or not
more than 15 days in jail; provided that a person who violates this
chapter after having been convicted of a violation of this chapter
within the preceding three years shall be punishable by a penalty
not greater than $350 and/or not more than 15 days in jail; and further
provided that a person who violates this chapter after having been
convicted two or more times of a violation of this chapter within
the preceding three years shall be punishable by a penalty not greater
than $500 and/or not more than 15 days in jail. Each day that a violation
shall continue shall constitute a separate offense.
The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable federal,
state or local law and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
