Town of Mamaroneck, 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 Town Board of the Town of Mamaroneck: Art. I, 2-17-1937 (Ch. 51 of 1975 Code); Art. II, 4-19-1995 as L.L. No. 6-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 50.
Animals — See Ch. 58.
Firearms — See Ch. 100, Art. I.
Site plan review — See Ch. 177.
[Adopted 2-17-1937 (Ch. 51 of 1975 Code)]

§ 141-1 Applicability.

This Article shall apply only to that part of the Town of Mamaroneck outside of incorporated villages, and whenever and wherever the words "Town of Mamaroneck" are used, such words shall mean the Town of Mamaroneck outside of incorporated villages.

§ 141-2 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
[1]PERSON
Includes individuals, copartnerships, corporations and incorporated and joint-stock associations.
[Added 5-3-1939]
SIDEWALK
That paved portion of a street intended for pedestrian use and lying between the curbline of the street and the adjacent property line.
[Amended 12-6-1989 by L.L. No. 8-1989]
STREET
Any street, road or other public way dedicated to and accepted by the town, including all the area thereof lying within the bounds of the dedicated right-of-way.
[Amended 12-6-1989 by L.L. No. 8-1989]
VEHICLE
Every device by which any person or property is or may be transported or drawn upon the street.
[1]
Editor's Note: The definition of "park, parking or parked" was repealed 12-6-1989 by L.L. No. 8-1989.

§ 141-3 Amplifying devices.

[Amended 4-21-1954]
No person shall locate radios or similar devices or amplifiers thereof so as to or that may project sound into highways or neighborhoods for advertising or business purposes; and no person owning, occupying or having charge of any building or premises or any part thereof in the Town of Mamaroneck shall cause, suffer or allow any loud, excessive or unusual noise in the operation or use of any radio, phonograph or other mechanical or electrical or reproducing device, instrument or machine, which loud, excessive and unusual noise shall disturb the comfort, peace and quiet of persons in the vicinity. The playing, using, operating or permitting to be played, used or operated of any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound, which is cast upon the public streets from any sound truck or vehicle, for the purpose of commercial advertising or attracting the attention of the public, shall be unlawful and is hereby prohibited.

§ 141-4 Whistles and other noise instruments.

No steam whistle or other whistle or horn or other instrument for making a noise which is operated by steam or any other power shall be blown or operated within the limits of the Town of Mamaroneck at any hour of the day or night, except only the alarm of vehicles of the Fire and Police Departments, all fire and burglar alarms and the alarm of automobiles, bicycles or motorcycles while actually traveling through the town and except also church and school bells. The alarm of automobiles, bicycles and motorcycles shall not be operated continuously but only with sufficient frequency to warn persons of their approach. The use of sirens on motor vehicles and bicycles within the town limits is hereby prohibited. No motor vehicle shall be operated in the town unless it is provided with a proper and suitable muffler, and such muffler shall not be opened at any time while said motor vehicle is in operation.

§ 141-5 Domestic power tools and equipment.

[Added 12-6-1989 by L.L. No. 8-1989]
No person shall operate or permit to be operated any power tool or equipment, including but not limited to saws, sanders, drills, grinders, tractors, chain saws, lawn or garden tools, mowers, leaf blowers or gatherers or similar devices or wood chippers of any kind, when used outdoors in a residentially zoned district as provided in § 141-7 below.

§ 141-6 Unnecessary noise.

All noises that menace the health or disturb the peace and quiet of the town are prohibited at any time of the day or night.

§ 141-7 Time limitations.

[Added 9-17-1986 by L.L. No. 10-1986]
Except under emergency circumstances and with the exception of the operations of the town government, no person, firm or corporation may operate any machine, construction equipment or other similar device that makes noise which carries beyond the boundaries of the property on which it is located or being used or, if a part of a multifamily dwelling, the confines of the dwelling unit, between the hours of 8:00 p.m. and 8:00 a.m. Monday through Friday, not before 9:00 a.m. and not after 6:00 p.m. on Saturdays and not before 9:00 a.m. and not after 5:00 p.m. on Sundays, nor may any such device be operated on a public road except for the purposes of transporting the same from one place to another.

§ 141-8 Penalties for offenses.

[Amended 12-17-1953; 10-20-1954; 12-6-1989 by L.L. No. 8-1989]
Any person or persons, association, firm or corporation who shall violate any of the provisions of this Article shall be guilty of an offense and shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[Adopted 4-19-1995 as L.L. No. 6-1995]

§ 141-9 Title.

This Article shall be known as "Restrictions on Outdoor Power Tools and Gasoline-Powered Blowers."

§ 141-10 Purpose.

The purpose of this Article is to reduce noise which is disturbing to individuals in their homes, on their property and in their workplaces. Noise from certain equipment, used out of doors, causes inconvenience to occupants of nearby property when such equipment is used during certain hours. Further, gasoline-powered blowers originally designed for leaf pickup for limited portions of the year are now utilized all year. Repeated statements by residents over a six-year period demonstrate the year-round use of gasoline-powered blowers has expanded to the extent that the blowers cause a nearly constant intrusion on the peace and quiet of the community, diminishing the quality of life in our community. The unacceptable noise levels produced by the year-round use of gasoline-powered blowers is particularly disturbing during the warmer weather, when residents spend longer periods out of doors and windows and doors are open. This Town Board finds the noise from gasoline-powered blowers impacts adversely upon the health and welfare of the community.

§ 141-11 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
GASOLINE-POWERED LEAF BLOWER
Any device powered by an internal combustion engine which discharges a stream of forced air and which is used or designed to move grass, leaves, clippings, dust, dirt or other matter by blowing them with air emitted by such device.

§ 141-12 Restrictions.

A. 
It shall be unlawful for any person to operate any power tool or equipment powered by an internal combustion engine before the hour of 8:00 a.m. and after the hour of 9:00 p.m. on any weekday and before 10:00 a.m. and after 5:00 p.m. on Saturdays, Sundays and legal holidays; except for emergency repairs by municipalities, school districts and/or utility companies and for a period of up to five days following storms for purposes of removing snow and debris resulting from such storms.
B. 
The use of gasoline-powered leaf blowers shall be unlawful in the town during the period from June 1 through September 30 of each year. This section shall not apply to utility companies, municipal and/or school district emergency operations and for a period of up to five days following storms for purposes of removing debris resulting from such storms.
[Amended 2-7-1996 by L.L. No. 2-1996]

§ 141-13 Penalties for offenses.

Any person, firm, association or corporation who violates any provision of this Article shall be guilty of an offense punishable by a fine of not more than two hundred fifty dollars ($250.) and/or by imprisonment for not more than 15 days. Each violation of this Article shall be a separate offense.