[HISTORY: Adopted by the Board of Trustees
of the Village of Cove Neck 2-16-2000 by L.L. No. 2-2000. Amendments noted where
applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 11.
Animals — See Ch. 15.
Excavation, filling and topsoil removal — See Ch. 60.
Firearms and weapons — See Ch. 69.
Parades, exhibitions, auctions and sales — See Ch. 108.
Peace and good order — See Ch. 112.
Vehicles and traffic — See Ch. 164.
Waterways — See Ch. 169.
As used in this chapter, the following terms
shall have the meanings indicated:
Any dog, cat, bird, chicken, rooster, cow, sheep, horse or
any other livestock or animal.
The alteration, repair or maintenance to the exterior of
any building or structure. Building construction shall also include
alteration, repair or maintenance to the interior when constructors'
activities are being conducted outside of the structure.
[Added 3-22-2022 by L.L. No. 4-2022]
Any commercial gardener, landscaper, tree surgeon or other
individual involved in a lawn or ground maintenance business.
Any tractor, bulldozer, backhoe, earthmoving machine, cement
mixer, crane, pile driver or other similar construction machinery.
[Amended 3-22-2022 by L.L. No. 4-2022]
Lawn and ground maintenance activities performed by a commercial
landscaper, paid employee or a property owner.
[Added 3-22-2022 by L.L. No. 4-2022]
Any powered leaf blower, mower, chain saw, grinder, trimmer,
wood chipper, log splitter, bucket truck or other internal-combustion
engine apparatus or landscaping equipment used for lawn or ground
maintenance.
[Amended 10-8-2014 by L.L. No. 2-2014; 3-22-2022 by L.L. No. 4-2022]
Any radio or television set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing
or reproducing of sound.
Any vehicle capable of being operated or driven upon a public
highway which is propelled by any power other than muscular power,
except electrically driven mobility assistance devices operated or
driven by a person with a disability, fire and police vehicles, ambulances
and other emergency vehicles. "Motor vehicle" shall exclude farm-type
tractors and vehicles used exclusively for agricultural purposes,
or ground maintenance, other than for hire.
Any device of any design or manufacture that is designed
to create unreasonable noise or designed for the purpose of scaring,
frightening or disturbing a domestic animal or wildlife.
Any self-propelled vehicle which is primarily for off-highway
operation or competitions and only incidentally operated on a public
highway, such as, but not limited to, a go-cart, all-terrain vehicle,
unlicensed motorcycle, motorbike or snowmobile.
Any commercial arborist, gardener, landscaper, or other individual
involved in the pruning, removal, chipping or log splitting, or cutting
of trees or tree branches that services as a business.
[Added 3-22-2022 by L.L. No. 4-2022]
The tree removal, trimming, pruning, log splitting, chipping
and stump grinding performed by a tree service contractor or property
owner using landscaping equipment.
[Added 3-22-2022 by L.L. No. 4-2022]
Any loud, unnecessary, unusual or annoying, intermittent
or prolonged noise which annoys, destroys, injures or endangers the
comfort, repose, health, peace or safety of a reasonable person of
normal sensitivity. Factors to be considered in determining whether
a sound is an unreasonable noise may include, but are not limited
to, the following:
The Incorporated Village of Cove Neck and all territory within
its boundaries.
No person shall make or cause to be made or continued, nor shall any owner, lessee or occupant of any land in the Village permit to be made or continued on his premises, any unreasonable noise within the Village except as permitted in Chapter 69 of this Code relating to the regulation of firearms.
Without limiting the provision of § 100-2, the following acts are expressly declared to be unreasonable noise in violation of this chapter:
A.
Horns and signaling devices: the sounding of any horn
or signaling device on any boat, motor vehicle or recreational vehicle,
except as a danger or warning signal.
B.
Loudspeakers for advertising or broadcasting: the
playing, using or operating of, or permitting to be played, used or
operated, any loudspeaker on the public street, public waterway or
other public places for the purpose of advertising or broadcasting
which is heard on private property, unless a permit therefor shall
have been issued by the Board of Trustees.
C.
Unnecessary amplification: the playing, using or operating
of, or permitting to be played, used or operated, any loudspeaker
at a volume level sufficient to cause the sound produced or reproduced
to be audible at a point 10 feet beyond the property boundary line
of the property from which the sound is produced or reproduced.
D.
Animals:
(1)
The keeping of or allowing to be kept any animal outdoors
between the hours of 9:00 p.m. and 8:00 a.m. of the following morning
which causes unreasonable noise.
(2)
The keeping of or allowing to be kept any animal which
creates or causes unreasonable noise at any time that is continuous
for a period exceeding 30 minutes in duration.
E.
Exhaust: the discharge of the exhaust of any internal-combustion
engine, without a muffler or other device which will effectively prevent
unreasonable noises emanating therefrom.
F.
Noisemaking devices: the using, operating, discharging,
or installing of, or causing to be used, operated, discharged or installed,
any noisemaking device.
G.
Construction.
[Amended 9-8-2010 by L.L. No. 1-2010; 3-22-2022 by L.L. No. 4-2022]
(1)
Construction machinery. A property owner or contractor shall only
be allowed to use or operate, or permit or allow to be used or operated,
any construction machinery for soil excavation, maintenance, construction
or demolition in the Village on the following days and times, excluding
federal and New York State holidays. Permitted hours of operation
of construction machinery:
(a)
Property owner and contractor: 8:00 a.m. to 5:00 p.m. on Monday
through Friday; operation of any construction equipment on Saturday,
Sunday, and federal and New York State holidays is strictly prohibited,
unless an exception is granted by the Mayor or Deputy Mayor.
(2)
Building construction. During the following days and times, excluding
federal and New York State holidays, a property owner or contractor
shall only be allowed to perform, or permit or allow to be performed,
to any building or structure in the Village i) any alteration, repair
or maintenance to the exterior, and ii) any alteration, repair or
maintenance to the interior when constructors' activities for
interior work are also being conducted outside of the structure.
(a)
Property owner: 8:00 a.m. to 5:00 p.m. on Monday through Friday
and 9:00 a.m. to 6:00 p.m. on Saturday;
(b)
Contractor: 8:00 a.m. to 5:00 p.m. on Monday through Friday.
(c)
The Mayor or Deputy Mayor may grant an exception from the above
day and time restrictions for operation of any construction equipment
and building construction.
H.
Landscaping and tree services.
[Amended 3-22-2022 by L.L. No. 4-2022]
(1)
Landscaping, which includes all lawn and ground maintenance activities
performed by a commercial landscaper or property owner, using landscaping
or tree service equipment shall only be performed in the Village on
the following days and times, excluding federal and New York State
holidays. Permitted hours of operation for landscaping:
(2)
Tree services, which includes tree removal, pruning, trimming and
stump grinding, shall only be performed in the Village by a tree service
contractor or property owner on the following days and times, excluding
federal and New York State holidays. Permitted hours of operation
for tree services:
(a)
Property owner: 8:00 a.m. to 5:00 p.m. on Monday through Friday
and 9:00 a.m. to 5:00 p.m. on Saturday;
(b)
Tree service contractor: 8:00 a.m. to 5:00 p.m. on Monday through
Friday.
(c)
The Mayor or Deputy Mayor may grant an exception from the above
day and time restrictions for landscaping and tree services.
I.
Alarms: a burglar alarm or other alarm system of any
building, motor vehicle, recreational vehicle or boat which is continuous
and exceeds 15 minutes in duration.
J.
Tires: the intentional use and operation of a motor
vehicle or recreational vehicle in such a manner as to cause excessive
squealing or other excessive noise of the tires.
K.
Recreational vehicles:
(1)
The continuous use or operation of any recreational
vehicle on private or public property for a period exceeding 30 minutes.
(2)
The use or operation of any recreational vehicle on
private or public property at any time on Sunday and New York State
legal holidays, and for all other days between the hours of 6:00 p.m.
and 8:00 a.m. the following morning, unless pursuant to a permit issued
by the Board of Trustees.
Upon receipt of a complaint, the Police Department,
Building Inspector or Village representative shall conduct an investigation
to determine if there is a probable violation of the provisions of
this chapter. For the first occurrence, in lieu of issuing an appearance
ticket, an appropriate warning may be issued to the violator to cease
and desist from continuing such noise.
