[Amended 11-28-1983 by L.L. No. 17-1983]
This article shall be known as the "Incorporated
Village of Freeport Noise Control Law."
It is hereby declared to be the policy of the
Incorporated Village of Freeport to prevent excessive, unnecessary,
unreasonable or unusually loud noise which may jeopardize the well-being,
public health, comfort, convenience, safety and welfare of its citizens
and the peace and quiet of Freeport and its inhabitants. The provisions
and prohibitions hereinafter contained and enacted are for the above-mentioned
purpose.
A.
All definitions used in this article, where applicable,
shall be in conformance with the terminology of the American National
Standards Institute. A copy of the American National Standards definitions
shall be available at the Village Clerk's office for public use.
B.
AIR COMPRESSOR
AIR-CONDITIONING AND AIR-HANDLING DEVICE
AMBIENT NOISE
A-WEIGHTED SOUND LEVEL
CONSTRUCTION
CONSTRUCTION SITE
CONTINUOUS SOUND
DECIBEL (db)
DEVICE
DISCRETE TONE
EMERGENCY OPERATION
EXHAUST SYSTEM
FREQUENCY
IMPULSIVE SOUND
L10
L90
MAXIMUM GROSS WEIGHT
MOTOR VEHICLE
MUFFLER
NOISE-SENSITIVE ZONE
PAVING BREAKER
PERSON
PUBLIC HIGHWAY
RECREATIONAL MOTOR VEHICLE
REFUSE-COLLECTING VEHICLE
SOUND
SOUND LEVEL
SOUND LEVEL METER
SOUND-REPRODUCTION DEVICE
SOUND SOURCE
SOUND TRUCK
ZONING DISTRICT
Unless otherwise indicated by context, the following
terms and phrases shall mean:
A device which draws in air or gas, compresses it and delivers
it at a higher pressure.
Any device that is designed to be used or is actually used
to cool, move or condition air, including but not limited to air conditioners,
cooling towers, fans and blowers.
The all-encompassing noise associated with a given environment,
being usually a composit of sounds from many sources, near and far.
The sound-pressure level in decibels as measured on a sound
level meter using the A-weighting network and designated as db(A).
Any activity necessary or incidential to the erection, demolition,
assembling, altering, installing or equipping of buildings, public
or private highways, roads, premises, parks, utility lines or other
property, including but not limited to related activities such as
land clearing, grading, earthmoving, excavating, blasting, filling
and landscaping.
Any location, including land and water, where construction
takes place.
Any sound that is not an impulsive sound.
A unit for measuring the pressure level of a sound. For the
purpose of this article, the standard reference pressure stated herein
will be used to assure a consistent and standard reference for measuring
sound. The sound pressure level measured in decibels is equal to 20
times the logarithm to the base ten of the ratio of the effective
pressure of the sound measured to the reference pressure, such.reference
pressure being 20 micropascals (20 micronewtons per square meter).
This is equivalent to 20 log10 PRMS 20 Micro-N/M2.
Any machine, mechanism or equipment which is intended to
or which actually produces sound or vibrations.
A sound wave whose instantaneous sound pressure varies essentially
as a simple sinusoidal function of time (American National Standards
Institute terminology).
The operation or parking of an authorized emergency vehicle
when such vehicle is engaged in transporting a sick or injured person,
responding to or working or assisting at the scene of an accident,
disaster, police call, alarm of fire or any emergency.
A system which removes and transports air or gas from a device.
A function periodic in time which is the reciprocal of the
period.
A sound of short duration, usually less than one second and
of high intensity, with an abrupt onset and rapid decay (American
National Standards Institute terminology). (Examples include an explosion
or discharge of a firearm.)
The A-weighted sound level measured with slow response that
is exceeded 10% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
The A-weighted sound level measured with slow response that
is exceeded 90% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
The weight of the vehicle unladen, plus the weight of the
maximum load to be carried by such vehicle during the registration
period or the maximum gross weight for which the vehicle is registered,
whichever is greater.
Every vehicle operated or driven upon a public highway, which
is propelled by any power other than muscular power.
A device for abating the sound of escaping gases of an internal
combustion engine or other sound source.
An area adjacent to a site, including but not limited to
any authorized school, church, house of worship, senior citizen center,
day-care center, hospital or nursing home which requires specific
noise limitations.
Any powered construction device that is designed to be used
or is actually used to cut or trench pavement subbase, macadam, gravel,
concrete or hard ground.
Includes the singular and plural and also any natural person,
firm, corporation, political subdivision, government agency, association,
club, partnership, society or any other form of association or organization
or any legal entity whatsoever.
Any highway, road, street, avenue, public place, public driveway
or any other public way.
Any vehicle which is propelled by any power other than muscular
power that is designed for or capable of cross-country travel, such
as a motorcycle, trail bike or minibike. A recreational vehicle is
also classed as a motor vehicle when such recreational vehicle is
operated or driven upon a public highway. A snowmobile is any self-propelled
vehicle designed for travel on snow or ice. Lawn mowers, powered garden
vehicles and other similar utilitarian domestic vehicles are specifically
excepted therefrom.
Any motor vehicle designed to compact and transport refuse.
An oscillation in pressure, stress, particle displacement
or other physical parameter in a medium with internal forces (American
National Standards Institute terminology).
The weighted pressure level, measured by the use of a metering
characteristic and the weighing A, B and C (American National Standards
Institute terminology). For purposes of enforcing and interpreting
the provisions of this article, unless a different frequency weighting
is indicated, the A-weighting slow response shall apply.
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighting networks for the measurement of sound
levels (American National Standards Institute terminology).
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any musical instrument, radio, television, tape recorder, phonograph
or any other sound-amplifying equipment.
Any activity or device that produces sound.
Any vehicle having mounted thereon or attached thereto sound-amplifying
equipment.
Any zone as defined in the- Zoning Ordinance of the Incorporated
Village of Freeport.[1]
Any act in violation of any of the other provisions of this article is also deemed to be in violation of § 155-19 of this article. Nothing in this article shall be deemed to prohibit the prosecution and conviction of a person on two or more charges which may constitute violations of different sections of this article arising out of a single act, occasion or set of circumstances. However, no more than a single penalty may be imposed for each separate and distinct offense. Furthermore, each day (twenty-four-hour period) of violation of any provision of this article shall constitute a separate offense.
[Amended 5-24-2004 by L.L. No. 2-2004]
No person shall make, continue or cause or permit
to be made, verbally or mechanically, any unreasonable noise. An "unreasonable
noise" shall mean any excessive or unusually loud sound or any sound
which either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of a reasonable person of normal sensitivities
or which causes medically serious injury to animal life or damage
to property or business. Standards to be considered in determining
whether unreasonable noise exists in a particular situation include
the following:
A.
The volume of the noise.
B.
The intensity of the noise.
C.
Whether the nature of the noise is usual or unusual
in the context of ordinary human experience.
D.
Whether the origin of the noise is natural or unnatural
in the context of ordinary human experience.
E.
The volume and intensity of the background noise,
if any.
F.
The proximity of the noise to residential sleeping
facilities.
G.
The nature and the zoning district of the area from
within which the noise emanates.
H.
The time of day or night the noise occurs.
I.
The time duration of the noise.
J.
Whether the sound source is temporary.
K.
Whether the noise is continuous or impulsive.
L.
The presence of discrete tones.
M.
Whether the noise is in excess of the decibel levels
as set forth within this chapter, provided another standard, under
this section, is also utilized.
The following acts and the causing thereof are
declared to be in violation of this article:
A.
Sound-reproduction devices.
[Amended 5-24-2004 by L.L. No. 2-2004]
(1)
No person shall operate, use, cause or permit to be
operated a sound-reproduction device that produces unreasonable noise
and/or a sound level which is equal to or exceeds 85 db(A)s.
(2)
No person shall operate, use, cause or permit to be
operated any sound-reproduction device for commercial or business
advertising purposes or for the purpose of attracting attention to
any performance, show or sale or display of merchandise in connection
with any commercial operation, including but not limited to the sale
of radios, televisions, phonographs, tape recorders, phonograph records
or tapes in front or outside of any building, place or premises, or
in or through any aperture of such building, place or premises abutting
on or adjacent to a public street, park or place, or in or upon any
vehicle operated, standing or being in or on any public street, park
or place, where the sound therefrom may be heard upon any public street,
park or place, or from any stand, platform or other structure, or
from any airplane or other device used for flying over the Incorporated
Village of Freeport, or on a boat or on the waters within the jurisdiction
of the Incorporated Village of Freeport, or anywhere on public streets,
parks or places. Nothing in this subsection is intended to prohibit
sounds emanating from sporting, entertainment or other public events
where such devices are used.
(3)
Noise across property boundaries; exceptions.
[Amended 7-6-1998 by L.L. No. 1-1998]
(a)
No person shall operate, use, cause or permit
to be operated or used any sound-reproduction device in any public
place in such a manner that the sound emanating therefrom creates
unreasonable noise across a real property boundary. Furthermore, the
use of any sound reproduction device that produces noise across a
real property boundary during any of the following hours is hereby
prohibited:
[1]
On Monday through Thursday (other than legal
holidays) before 8:00 a.m. or after 10:00 p.m.
[2]
On Friday (other than legal holidays) before
8:00 a.m. or after 11:00 p.m.
[3]
On Saturdays and those Sundays followed immediately
by a legal holiday, and legal holidays followed immediately by a weekend,
before 10:00 a.m. or after 11:00 p.m.
[4]
On Sundays not followed immediately by a legal
holiday, and legal holidays followed immediately by a weekday, before
10:00 a.m. or after 10:00 p.m.
(b)
Exceptions.
[1]
Bells, chimes and carillons. Nothing herein
contained shall preclude or prohibit the use of loudspeakers or other
sound-amplifying devices to broadcast the sound of bells, chimes or
carillons or replicas thereof by a church or other house of worship;
sounds created by any government agency by the use of public warning
devices; or sounds connected with sporting events or any public or
private school, or with an authorized carnival, fair, exhibition or
parade allowed by permit of the Village Board.
[2]
Religious and seasonal music. Nothing herein
contained shall preclude or prohibit the reasonable use of loudspeakers
in business-zoned areas of the Village solely to broadcast religious
and seasonal music from December 1 through January 1 of the following
year, between the hours of 9:00 a.m. and 9:00 p.m.
B.
Sound-signal devices. No person shall operate or cause
to be operated any sound-signal device, including but not limited
to any klaxon, horn, whistle, bell, gong, drum or siren, so as to
create unreasonable noise, except where authorized by the Vehicle
and Traffic Law of the State of New York.
D.
Burglar alarms. No person shall operate or cause to
be operated any audible burglar alarm or any motor vehicle burglar
alarm unless such alarm shall be capable of automatically terminating
operation within 15 minutes after such alarm is first activated. Any
member of the Police Department of the Incorporated Village of Freeport
shall have the authority to take such steps as may be necessary to
disconnect such alarm at any time when such alarm is operating.
E.
Motorboats.
(1)
No person shall operate, cause or permit to be operated
any engine-powered motorboat in any canal, channel, river, creek,
stream, bay or other waterway within the territorial limits of the
Incorporated Village of Freeport at any time, at any speed or under
any condition of load, acceleration of deceleration or in any manner
whatsoever, so as to exceed a sound level of 80 db(A)'s when measured
at any shoreline within the Village.
(2)
This provision shall not apply to races or regattas
conducted under permit issued by the Village Clerk or the Mayor and
Board of Trustees of the Incorporated Village of Freeport pursuant
to the Code of the Village of Freeport or other applicable law.
F.
Shouting. No person shall shout, yell, call, hoot,
whistle or sing on public streets or in public places in such a manner
as to create unreasonable noise.
G.
Containers and construction material. No person shall
load, unload, handle, transport, open, close or destroy any containers
or construction material in such a manner as to create unreasonable
noise.
H.
Squealing tires. No person shall operate a vehicle
in such a manner as to cause unreasonable noise by spinning or squealing
the tires of such vehicle.
I.
Exhausts. No person shall cause or permit the discharge
into the open air exhaust of any device, including but not limited
to any steam engine, diesel engine, internal-combustion engine or
turbine engine, so as to create unreasonable noise.
J.
Domestic power tools and equipment. No person shall
operate, cause or permit to be operated any powered tool or equipment,
including but not limited to saws, sanders, drills, grinders, lawn
or garden tools, mowers, tractors, leaf blowers or gatherers or similar
devices, when used outdoors in a residentially zoned district during
the hours of 9:00 p.m. and 8:00 a.m. of the following day. Between
the hours of 8:00 a.m. and 9:00 p.m., no person shall operate, cause
or permit to be operated any of the aforementioned tools or equipment
in such a way as to create unreasonable noise across a real property
line of a residential property. For purposes of enforcement of this
subsection, "unreasonable noise" means a sound level in excess of
85 db(A)'s when measured at said real property line.
K.
Modification of noise-control devices. No person shall
operate, cause or permit to be operated any device that has been modified
so as to cause the sound emitted to be greater than that emitted by
such device as originally manufactured.
L.
Standing motor vehicles.
(1)
No person shall operate, cause or permit to be operated
any motor vehicle with a gross vehicle weight rating (GVWR) in excess
of 10,000 pounds or any auxiliary equipment attached to such vehicle
for a period longer than 20 minutes in any hour while the vehicle
is stationary, for reasons other than traffic congestion, on a public
right-of-way or public space so that the sound therefrom is audible
across a residential real property boundary between the hours of 8:00
p.m. and 7:00 a.m. the following day.
(2)
This subsection shall not apply to authorized emergency
vehicles or to public utility vehicles actually engaged in any emergency
repair activity.
M.
Vehicle or motorboat repairs and testing. No person
shall cause or permit the repairing, rebuilding, modifying or testing
of any motor vehicle, motorcycle or motorboat in such a manner as
to cause unreasonable noise across a residential real property boundary.
[Amended 11-26-1984 by L.L. No. 8-1984]
A.
No person shall operate, cause or permit to be operated
a refuse-collecting vehicle which, when collecting or compacting,
exceeds a sound level of 80 db(A)'s when measured at a distance of
10 feet from any surface of the collecting or compacting unit.
B.
No person shall operate, cause or permit to be operated
any refuse-collecting vehicle in any area within the Village zoned
for residential use, or within or on premises adjacent to an area
zoned for residential use, or in any area designated as a noise-sensitive
zone, or within or on premises adjacent to a noise-sensitive zone,
prior to 7:00 a.m. on any day.
C.
No person shall operate, cause or permit to be operated
any regenerative-air-type street sweeper in any area within the Village
zoned for residential use, or within or on premises adjacent to an
area zoned for residential use, or in any area designated as a noise-sensitive
zone, or within or on premises adjacent to a noise-sensitive zone,
on any day, between the hours of 8:00 p.m. and 7:00 a.m. of the following
day.
[Added 12-14-1987 by L.L. No. 7-1987]
No person shall operate, cause or permit to
be operated any recreational vehicle:
A.
On private property of another without the express
prior written consent of the owner and the occupant of said property.
Such consent may be revoked at any time by the grantor thereof. Where
such express prior written consent has been obtained, the operator
or person at the site responsible for such operation shall keep said
consent on his person and available for immediate display at all times
during the period of such operation. Excepted from the operation of
this subsection are any private clubs or other organizations that
permit the operation of recreational motor vehicles on their property
in connection with the principal use of said property by the members
of any such club or organization.
B.
On any public grounds or property, including Village-
or school-owned land, which shall include but not be limited to parks,
ball parks and recreation areas.
C.
In such a manner as to create unreasonable noise so
as to unreasonably disturb or interfere with persons in the peaceful
and quiet enjoyment of their property. To this end, no person shall
operate a recreational motor vehicle before the hour of 9:00 a.m.
and after the hour of 7:00 p.m., prevailing time, or sunset, whichever
shall first occur.
D.
In a careless, reckless or negligent manner so as
to endanger the safety or property of any person.
No person shall operate, cause or permit to
be operated any aircraft so as to cause a violation of the Federal
Aviation Administration's certified noise levels as presented in Advisory
Circular 36-1 and/or all future revisions and publications.
Except as provided in Subsection C of this section,
no person shall operate, cause or permit to be operated an air-conditioning
or air-handling device that exceeds the maximum sound-level limitations
provided in this section.
A.
In areas zoned residential, continuous sound in air
from said equipment which has crossed the real property line of the
property where said equipment or device is located, shall not exceed
any of the following sound levels:
B.
In areas zoned for multiple dwellings or apartments,
continuous sound in air from said equipment shall not exceed 50 db(A)'s
outside any living-area window when measured at a distance of not
more than three feet from the window opening of the property receiving
said sound.
C.
The provisions of this section shall not apply if
the sound from the air conditioner or air-handling device produces
an increase of less than five db(A)'s in the sound level that exists
in the absence of such sound.
No person shall operate, cause or permit to
be operated an air compressor, unless a muffler certified by the manufacturer
of such muffler to provide a dynamic insertion loss of not less than
20 db(A)'s of the sound emitted from the exhaust of such compressor
is installed on such exhaust.
No person shall operate, cause or permit to
be operated a paving breaker manufactured prior to December 31, 1974,
other than one operated electrically or hydraulically, unless a muffler
certified by the manufacturer of such muffler to provide a dynamic
insertion loss of five db(A)s of the sound emitted from the air exhaust
of such paving breaker is installed on such air exhaust.
[Amended 5-24-2004 by L.L. No. 2-2004; 5-24-2010 by L.L. No.
1-2010; 7-28-2014 by L.L. No. 4-2014]
No person shall operate, cause or permit to be operated a place of public assembly, including but not limited to a restaurant, cabaret, social club, bar, grille, cafe, discotheque or dance hall, in which the sound level is equal to or exceeds 85 db(A)s at any point on the property line from which the noise emanates, and which does not meet the levels provided for in §§ 155-30 through 155-33 or §§ 155-37 and 155-38 of this chapter.
The sections and provisions of Article III shall be revised or amended from time to time in order to be kept current with all updated federal and/or state noise-level standards.
[Amended 5-24-2004 by L.L. No. 2-2004; 5-24-2010 by L.L. No.
1-2010]
No person shall operate, cause or permit to
be operated in a zoning district, as defined in the Incorporated Village
of Freeport's Zoning Ordinance[1], any device that produces a sound level exceeding the applicable, permissible limits specified in §§ 155-20 through 155-27, 155-30 through 155-33 or §§ 155-37 and 155-38 of this chapter. The measurement of any sound or noise shall be made with a sound level meter using an A-scale decibel level.
Except as may otherwise be authorized by the
provisions of this chapter:
A.
During the hours of 8:00 a.m. to 6:00 p.m., no person
shall operate, cause or permit to be operated any device which produces
a sound level across a residential real property boundary or within
any residential zoned district in excess of 65 db(A)s or an L10 in excess of 60 db(A)s.
B.
During the hours of 6:00 p.m. to 8:00 a.m., no person
shall operate, cause or permit to be operated any device which produces
a sound level across a residential real property boundary or within
any residential zoned district in excess of 55 db(A)s or an L10 in excess of 50 db(A)s.
A.
Except as may otherwise be authorized by the provisions of this chapter, no person shall operate, cause or permit to be operated on a sound source site a commercial, business, manufacturing or industrial operation that produces a sound level exceeding the limitations as provided in Subsections B through E of this section.
B.
Continuous sound in air which has crossed the property
line of such sound source site and enters property zoned for residential
use or property within a noise-sensitive zone shall not exceed either
of the following levels:
C.
Continuous sound in air which has crossed the property
line of a sound source site and enters property which is zoned for
business or manufacturing or property where the public in general
congregates, excepting property zoned for industrial use, shall not
exceed either of the following levels:
E.
Exposure to sound that has crossed the property line
of a sound source site and enters property zoned for industrial use
shall not exceed any of the following levels:
No person shall conduct, cause or permit to
be conducted construction activities in a manner so as to produce
a sound level exceeding the limitations in this section.
A.
Residential zoned districts. During the hours of 8:00
a.m. to 6:00 p.m., noise levels from a construction site shall not
exceed an L10 of 70 db(A)s when measured at
a distance 400 feet from the construction site; during the hours of
6:00 p.m. to 8:00 a.m., noise levels shall not exceed an L10 of 55 db(A)s when measured at a distance of 400 feet
from the construction site.
B.
Commercial, business, retail or manufacturing-zoned
districts. During normal business hours, noise levels shall not exceed
an L10 of 75 db(A)s when measured at a distance
of 400 feet from the construction site; during other than normal business
hours, noise levels shall not exceed an L10 of 80 db(A)s when measured at a distance of 400 feet from the construction
site.
No person shall cause or permit the creation of any unreasonable noise exceeding 55 db(A)s on any street, sidewalk or public place adjacent to any school, church, house of worship, senior citizen center, library or authorized day-care center while in use or adjacent to any hospital or nursing home at any time, provided that signs are displayed so as to identify such zone. Otherwise, the sound levels contained in § 155-31B and D shall apply to such noise-sensitive zones regardless of how the area itself is zoned.
The provisions of this article shall be enforced
by the Police and Building Departments of the Incorporated Village
of Freeport.
In lieu of issuance of a summons, the Superintendent of Buildings of the Incorporated Village of Freeport may first issue an order requiring abatement of any source of sound or vibration alleged to be in violation of §§ 155-20L, 155-24, 155-30, 155-31, § 155-32 or 155-33 of this article within a reasonable time period and according to guidelines to be approved by the Village Board which the Superintendent of Buildings may prescribe.
Except where a person is acting in good faith to comply with an abatement order issued pursuant to § 155-35, the violation of any provision of this article shall be caused for a summons to be issued by the Superintendent of Buildings or a law enforcement officer of the Freeport Police Department.
A.
The Superintendent of Buildings shall order an immediate halt to any sound which exposes any person, except those excluded by Subsection B, to continuous sound levels in excess of those shown in Table I or to impulsive sound levels in excess of those shown in Table II. Within three days following issuance of such an order, the Superintendent of Buildings shall apply to the appropriate court for an injunction to replace the order.
|
TABLE I
| ||
|---|---|---|
|
Continuous Sound Levels Which Pose an
Immediate Threat to Health and Welfare
[measured at 50 feet (15 meters)]
| ||
|
Sound Level Limit
[db(A)s]
|
Duration
| |
|
90
|
24 hours
| |
|
93
|
12 hours
| |
|
96
|
6 hours
| |
|
99
|
3 hours
| |
|
102
|
1 1/2 hours
| |
|
105
|
45 minutes
| |
|
108
|
22 minutes
| |
|
TABLE II
| ||
|---|---|---|
|
Impulsive Sound Levels Which Pose an Immediate
Threat to Health and Welfare
[measured at 50 feet (15meters)]
| ||
|
Sound Level Limits
[db(A)s]
|
Number of Repetitions per Twenty-Four-Hour
Period
| |
|
145
|
1
| |
|
135
|
10
| |
|
125
|
100
| |
A.
The Superintendent of Buildings of the Incorporated
Village of Freeport shall have the authority, consistent with this
section, to grant, modify or revoke special variances to this article.
B.
Any person seeking a special variance pursuant to
this section shall file an application with the Superintendent of
Buildings. The application shall contain information which demonstrates
that bringing the source of sound or activity for which the special
variance is sought into compliance with this article would constitute
an unreasonable hardship on the applicant, on the community or on
other persons. Such information shall further include but not be limited
to the following:
(1)
The plans, specifications and other information pertinent
to such sources, including but not limited to the nature and location
of the facility or process for which such application is made and
the reasons for which the variance is requested.
(2)
The characteristics of the sound emitted by the source,
including but not limited to the sound levels, the presence of implosive
sounds and the hours during which such sound is generated.
(3)
The proposed noise abatement and control methods to
be used to restrict the emission of sound.
(4)
The failure to supply the information required by
the Superintendent of Buildings or the willful misrepresentation of
a material fact contained in said application by an applicant shall
be cause for the rejection of the application by the Superintendent.
C.
Any person who claims to be adversely affected by
allowance of the special variance may file a statement with the Department
of Buildings containing any information to support his claim. If the
Department of Buildings finds that a sufficient controversy exists
regarding an application, a public hearing may be held.
D.
In determining whether to grant or deny the application,
the Superintendent of Buildings shall balance the hardship to the
applicant, the community and other persons of not granting the special
variance against the adverse impact on the health, safety and welfare
of persons affected, the adverse impact of property affected and any
other adverse impacts of granting the special variance.
E.
If the special variance is granted, it may contain
restrictions and conditions, including a time limit on the permitted
activity, that the Superintendent of Buildings determines to be appropriate.
However, in no case shall the duration of the variance issued be in
excess of 30 days. Within five days prior to the expiration of an
existing variance any person holding a variance and requesting an
extension of time may apply for a new variance under the provisions
of this section. However, no person shall be entitled to variances
totaling more than 90 days during any calendar year.
F.
The variance shall act as a stay of prosecution for as long as it is in effect or has not been revoked or been otherwise modified by the Superintendent. Any person to whom a variance has been issued who continues to engage in any noise-producing activity for which the variance was sought following the termination or revocation of such variance shall be deemed to be in violation of both this section and § 155-19 of this chapter, in addition to any other provision of this chapter containing maximum permissible sound levels applicable to the activity in question, and subject to the penalties contained in § 155-39 of this chapter.
G.
A variance granted under this section may be revoked
or modified by the Superintendent of Buildings on three days' written
notice sent by registered or certified mail to the person to whom
said variance was granted if any of the terms, conditions or restrictions
of the variance are violated.
H.
The Superintendent of Buildings shall charge the applicant
for a variance to be issued under the authority of this section or
any extension or renewal thereof a fee of $50 to cover expenses for
the processing of the variance application.
[Amended 5-24-2010 by L.L. No. 1-2010]
Any person violating any of the provisions of
this chapter shall be deemed guilty of a violation and, upon conviction
thereof, shall be fined in an amount not exceeding $750 for the first
offense, $1,000 for the second offense and $2,000 for each offense
thereafter or be imprisoned in the Nassau County Correctional Facility
for a period not exceeding 15 days, or be subject to both such fine
and imprisonment. Each day (twenty-four-hour period) such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such. Any person under the age
of 16 years who shall violate any of the provisions of this article
shall be deemed to be a juvenile offender.
The operation of vehicles and equipment used
by the Department of Public Works of the Incorporated Village of Freeport
and any of its subdivisions in the performance of official duties
shall be exempt from the requirements of this article until such time
as vehicles and equipment capable of compliance are available and
acquisition thereof is authorized by the Village Board.
If any provision of this article is held to
be unconstitutional or invalid by any court, the remaining provisions
of this article shall not be invalidated.
For purposes of interpretation and enforcement
of the terms and provisions of this article in conjunction with the
Zoning Ordinance of the Village of Freeport,[1] the following rules shall apply:
A.
Whenever reference is made in this article to residential
real property zones, areas zoned residential and the like, such areas
shall include all classifications of property deemed residential under
said Zoning Ordinance, including Residence AA District, Residence
A District, Residence Apartment District, Marine Residence District
and Marine Apartment-Boatel and Condominium District.
B.
Whenever reference is made to areas zoned for business,
such areas shall include all classifications of property deemed to
be zoned for business under said Zoning Ordinance, including Business
AA District, Business A District, Business B District, Service Business
SB District, Marine Business District and Planned Unit Development
District - Medium Density, Primary Area, Secondary Area.
C.
Whenever reference is made to areas zoned for manufacturing,
such areas shall include all classifications of property deemed to
be zoned for manufacturing under said Zoning Ordinance, including
Manufacturing District.
D.
Whenever reference is made to areas zoned for industrial
use, said areas shall include all classifications of property deemed
to be zoned for industrial use under said Zoning Ordinance, including
Industrial District, Industrial B District and Marine Industries District.
This article shall take effect upon filing with
the Secretary of State.
