[Adopted 7-11-2000 by L.L. No. 9-2000]
It shall be unlawful for any person to make,
continue or cause to be made or continued any of the following acts
producing audible sound, which are hereby declared to be loud, disturbing
and unnecessary noise in violation of this article:
A.
Horns, signaling devices, etc. The sounding of any
horn or other signaling device, including but not limited to sirens,
on any automobile, motorcycle or other vehicle, other than an emergency
vehicle, on any street or public place, except as a danger or burglar
warning.
B.
Car alarms. The sounding or allowing to be sounded
of any vehicle alarm for any reason other than an emergency on any
vehicle parked on any street or public place within the Village of
Dobbs Ferry for a length of time which exceeds 10 minutes. For the
purpose of this article, the registered owner of the vehicle shall
be deemed the person responsible for any violation involving an unoccupied
vehicle. More than two instances of an alarm sounding on the same
vehicle for any cause other than an emergency within an eight-hour
period shall authorize the towing of the offending vehicle at the
owner's expense from any public area or area accessible to the public.
C.
Burglar, intruder, security, etc., alarms. The sounding
or allowing to be sounded of any burglar, intruder or security or
fire alarm at a residence or a commercial establishment for a length
of time that exceeds 10 minutes, for any reason other than an emergency
for which the system was designed and installed. For the purpose of
this article, the owner of the property, or the lessee, if said lessee
is responsible for maintenance of the alarm system, shall be deemed
the person responsible for any violation involving a nonemergency
sounding of the alarm. More than two instances of an alarm sounding
at the same location for any cause other than an emergency within
an eight-hour period shall be cause for the imposition of a fine or
such penalty as provided by this article or the Board of Trustees
of the Village of Dobbs Ferry.
D.
Radios, televisions, electronic sound-reproduction
devices, etc. The using, operating or permitting to be played, used
or operated of any radio, musical instrument or instruments, phonograph
or other machine or device for the producing or reproducing of sound,
in such a manner as to disturb the peace, quiet and comfort of neighboring
inhabitants or at any time with louder volume than is necessary for
convenient hearing for the person or persons who are voluntary listeners
thereto. "Neighboring inhabitants" shall also be interpreted to mean
those persons in close proximity to the operator of an above-listed
device in a park or playground. The operation of any such set, instrument,
phonograph, machine or device between the hours of 12:00 midnight
and 7:30 a.m. in such manner as to be plainly audible on adjacent
properties shall be prima facie evidence of a violation of this section.
E.
Loudspeakers (amplifiers for advertising). The using,
operating or permitting to be played, used or operated of any radio,
musical instrument or instruments, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
a building or a structure.
F.
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets or any public place at
any time or place so as to annoy or disturb the quiet, comfort or
repose of persons in the vicinity shall be enforceable under the provisions
of the New York State Penal Law in accordance with the specific provisions
of New York State Penal Law § 240.20.
G.
Animals. The keeping or harboring of any animal which
barks, whines or makes any other noise continuously for a period of
10 minutes or more at a volume which can be heard anywhere beyond
the owner's premises. For the purpose of this subsection, "continuously"
shall mean constant, without any period of silence that exceeds 30
seconds.
H.
Blowers and fans. The operation of any blower, power
fan or any internal combustion engine, the operation of which causes
noise due to the detonation of operating gases or fluids or the expulsion
of air, unless the noise from such blower or fan is muffled and such
engine is equipped with a properly functioning muffler or baffling
device or effective noise-absorbent material sufficient to deaden
such noise. The decibel level generated by any such equipment covered
by this section shall not exceed 65 db when measured from an adjacent
or nearby property where said noise is alleged to be disturbing the
peace, quiet and enjoyment of said property.
I.
Leaf blowers and outdoor power tools.
[Amended 5-13-2008 by L.L. No. 4-2008; 11-12-2013 by L.L. No.
9-2013]
(1)
The use of all leaf blowers, excluding electric-powered, are prohibited
except between March 15 and May 15 and October 15 and December 15,
and then only from 8:00 a.m. until 6:00 p.m. on Monday through Friday,
and 10:00 a.m. until 5:00 p.m. on Saturday, Sunday and holidays.
[Amended 6-22-2021 by L.L. No. 2-2021]
(2)
The operation of any engine-driven power tool or motorized equipment
before 7:30 a.m. and after 6:30 p.m., Monday through Friday, and before
9:00 a.m. and after 5:00 p.m. on Saturdays, Sundays and legal holidays
is prohibited, except that grass may be cut with an internal combustion
engine lawn mower by the occupant of the premises on any day between
the hours of 5:00 p.m. and 8:00 p.m. Any such tool or equipment shall
be properly equipped with a muffler or other properly installed manufacturer-approved
noise-reduction device so designed and in such condition as to prevent
unnecessary noise and to prevent a public nuisance in its operation.
(3)
Promulgation of additional rules and regulations. The Village Administrator
is authorized to promulgate rules, regulations and standards applicable
to the above power tools and equipment in an effort to control such
noise and lessen the effect of that noise on the quality of life of
the Village. Such rules shall not become effective until approved
by the Village Board of Trustees.
(4)
Exceptions to this subsection:
J.
Restaurants. The playing, causing to be played or
permitting to be played of music of any kind or description, including
instrumental music, radio, player piano, jukebox, recorded, electronically
produced or vocal music, which interferes with the repose, health,
comfort, safety or welfare of any person and is plainly audible from
adjacent properties, between the hours of 12:00 midnight and 7:30
a.m. in any restaurant, bar, tavern and/or other public place licensed
to sell liquors, wines or beer to be consumed on the premises.
K.
Motor vehicle radios. The use or operation of any
radio, tape player, disc player or other electronic sound-reproduction
device located within a motor vehicle being operated or parked on
any public street or place accessible to the public in such manner
as to disturb the peace and repose of persons in their homes, businesses
or on the streets, or at any time, with louder volume than is necessary
for convenient hearing of the person or persons who are voluntary
listeners within the vehicle. The operation of any such radio or electronic
sound-reproduction device with a vehicle in such a manner as to be
audible to those outside the vehicle at a distance of 25 feet or more
from the source, as best that point can be estimated without the use
of any distance-measuring device, regardless of the time of day, shall
be prima facie evidence of a violation of this section. Said 25 feet
may be measured horizontally or vertically.
L.
Construction. Causing or committing to be caused unnecessary noise
during the erection, excavation, demolition, alteration or repair
of any building or structure.
[Amended 11-12-2013 by L.L. No. 9-2013]
(1)
Homeowners may, if performing their own work (without aid of a subcontractor
or employee) of erection, excavation, demolition, alteration or repair
of any building or structure on their own premises, do so between
7:30 a.m. and 6:30 p.m., Monday through Friday, and 9:00 a.m. to 5:00
p.m., Saturdays, Sundays and holidays.
(2)
Work involving the use of machinery, including but not limited to
rock breaking, pile driving, riveting, power sandblasting and chain
sawing, that emits continuous sounds, audible from a distance of 300
feet or more from the work site, must cease for 30 minutes within
every three hours of operation to provide respite to the surrounding
community. Work by anyone using machinery, including but not limited
to rock breaking, pile driving, riveting, power sandblasting and chain
sawing, shall commence at 7:30 a.m. and end at 6:30 p.m., Monday through
Friday, and commence at 9:00 a.m. and end at 5:00 p.m. on Saturdays.
No such work shall be performed on Sundays or holidays.
M.
Noise generated by any establishment that impacts its neighbors.
Creating noise that disturbs the peace, quiet and comfort of the neighboring
residential inhabitants by any establishment, including businesses,
commercial establishments, houses of worship or educational institutions
in an industrial zone or in a residential or business zone, between
6:30 p.m. and 7:30 a.m., Monday through Friday, and 5:00 p.m. to 9:00
a.m. Saturdays, Sundays and holidays. Noise that is plainly audible
at a distance of 25 feet or more from the source, as best that point
can be estimated without the use of any distance-measuring device,
during the hours specified, shall be prima facie evidence of a violation
of this section. Establishments in violation of this provision may
be required by the Board of Trustees to make modifications, alterations
or other changes to their structure in order to come into compliance
with this provision.
[Amended 11-12-2013 by L.L. No. 9-2013]
N.
Motor vehicles.
(1)
Noise emanating from the operation of motor vehicles
on public highways is regulated by the New York State Vehicle and
Traffic Law. The maximum levels set forth in the Vehicle and Traffic
Law for the operation of vehicles on public highways, as they may
be amended from time to time, are hereby designated to be the maximum
permissible noise levels for the operation of motor vehicles on all
other property as well as public highways within the Village of Dobbs
Ferry.[1]
[1]
Editor's Note: See Vehicle and Traffic Law
§ 386.
(2)
Allowing the engine of a truck or bus, including school
buses, to idle while the vehicle is standing for a period exceeding
five minutes, with the exception of vehicles with refrigeration systems
where the engine must be running in order to power the refrigeration
unit.
O.
Exhausts and mufflers generally. Causing or permitting
the operation of any device, fan, vehicle, construction equipment,
lawn maintenance equipment, including but not limited to any diesel
engine, internal combustion engine or turbine engine, that has been
modified or becomes defective so as to cause the level of sound emitted
to be greater than that emitted when originally manufactured, nor
shall any person operate said devices, equipment, etc., with the muffler
or noise-reduction equipment removed.
Noise emanating from parades, authorized public
celebrations, authorized carnivals or similar events and sirens and
whistles used by the Fire and Police Departments, authorized emergency
vehicles, civil defense and any other municipal department or agency
for emergency functions shall not be subject to the provisions of
this article.
A.
Both the owner of any instrumentality exceeding permissible
noise levels and its operator shall be deemed violators of this article.
B.
Any person violating § 234-26I(1) shall be guilty of an offense punishable by a fine of $50 for the first offense and $250 for each subsequent offense in the same calendar year. For purposes of this section, a "person" includes the owner of the property and the operator of the leaf blower.
[Amended 5-13-2008 by L.L. No. 4-2008]
C.
Any person violating a provision other than § 234-26I(1) shall be subject to a fine to be determined by resolution of the Board of Trustees.
[Added 5-13-2008 by L.L. No. 4-2008]
Nothing in this article shall be construed to
vary or modify the provisions of any other general or local law or
to authorize the violation thereof.
