Village of Flower Hill, NY
Nassau County
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Table of Contents
Table of Contents
Chapter 158: Noise
[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill 11-10-1999 by L.L. No. 3-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, Art. II.

§ 158-1 Definitions.

In this chapter, the following words or phrases shall have the meanings indicated:
ANIMAL
An animal of any type or species which is owned, harbored or maintained by a person.
[Amended 11-6-2000 by L.L. No. 3-2000]
NOISE DISTURBANCE
That level of sound which, in each context described in § 158-2, either:
A. 
Causes temporary or permanent hearing loss in person exposed;
B. 
Otherwise is injurious or tends to be, on the basis of current information, injurious to the public health or welfare;
C. 
Causes a nuisance;
D. 
Exceeds standards or restrictions established herein; or
E. 
Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business:
(1) 
Yelling, shouting, hooting, whistling or singing on the public streets or from private property at any time that annoys or disturbs the quiet, comfort or repose of a person or persons in the vicinity; and that such noise is plainly audible at a distance of 50 feet from the area, building, structure or vehicle from which such noise emanates.
(2) 
The using of, operating of or permitting to be played, used or operated any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants and in such a manner as to be plainly audible at a distance of 50 feet from the area, building, structure or vehicle in which it is located.
PERSON
An individual or any corporation or other business entity, association, organization or group.
[Amended 11-6-2000 by L.L. No. 3-2000]
REAL PROPERTY BOUNDARY
A line along the ground surface, and its vertical extension which separates the real property owned or controlled by one person from that owned or controlled by another person, including intrabuilding real property divisions.
RESIDENTIAL AREA
An area designated for any residential use under Chapter 240, Zoning, of the Code of the Village of Flower Hill, or any area improved by a dwelling.
VIBRATION
An oscillatory motion of particles described by displacement, velocity or acceleration with respect to a given reference point.
WEEKDAY
Any day Monday through Friday which is not a state or federal legal holiday.

§ 158-2 Prohibited noises.

Each of the following is declared to constitute a violation of this section:
A. 
Amplified sound. The using, operating of or permitting to be used or operated any device for producing, reproducing or amplifying sound, including, but not limited to, a radio, tape player or television, in such a manner as to create a noise disturbance.
B. 
Horns and signaling devices. The sounding of any horn, signaling device or alarm (except as a danger warning, pursuant to § 375 of the Vehicle and Traffic Law of the State of New York) which results in a harsh or loud sound or repetitive sounds for any unreasonable or unnecessary period of time, so as to create a noise disturbance.
C. 
Shouting and yelling. Shouting, yelling, singing, calling, hooting or whistling so as to create a noise disturbance.
D. 
Engines. The operation, including the stationary idling, of any engine, including, but not limited to, an automobile, truck, motorcycle, motorbike, motorboat or minibike engine, so as to create a noise disturbance.
E. 
Heavy equipment. The operation of any pile driver, bulldozer, pneumatic hammer, grinder, noise or other construction equipment which creates a noise disturbance, except between 8:00 a.m. and 6:00 p.m. on weekdays and except in cases of urgent necessity in the interest of public safety.
F. 
Construction. Any construction, excavation, demolition, alteration or repair which creates a noise disturbance, except between 8:00 a.m. and 6:00 p.m. on weekdays, 9:00 a.m. to 6:00 p.m. on Saturdays and except in cases of urgent necessity in the interest of public safety.
[Amended 11-6-2000 by L.L. No. 3-2000]
G. 
Domestic equipment. The operation of or permitting to be operated any power saw, drill, sander, router, lawn or garden device, leaf or snowblower, insect control device or domestic equipment so as to create a noise disturbance.
H. 
Machinery. The operation of any machinery, equipment, pump, fan, air-conditioning apparatus or other mechanical device in such a manner as to create a noise disturbance.
I. 
Loading and unloading. The loading or unloading of any materials, equipment, garbage cans or the handling of bales, boxes, crates, containers or similar objects so as to create a noise disturbance.
J. 
Animals. The howling, barking, squawking or other sounds of animals which occurs so frequently or for such an unreasonable duration so as to create a noise disturbance.
[Amended 11-6-2000 by L.L. No. 3-2000]
K. 
Explosives, firearms and similar devices. The use or firing of explosives, firearms or similar devices so as to create a noise disturbance.
L. 
Vibration. The operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual beyond the property where the source is located. For purposes of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
M. 
Noise from a burglar alarm or other alarm system of any building, motor vehicle or boat which is continuous and exceeds 15 minutes.
N. 
The use of any leaf blower shall be prohibited at all times, unless the same is fitted with a muffler device sufficient to reduce the noise produced therefrom to a level not to exceed 70 (A-scale) decibels.
[Amended 6-4-2001 by L.L. No. 4-2001]
O. 
Barking, squawking, howling, neighing or any other animal sound which is audible at a point beyond the real property boundary from which such sound emanates and which continues for over 15 minutes shall be prima facie evidence of a violation of this chapter.
[Amended 11-6-2000 by L.L. No. 3-2000]
P. 
Federal holidays. Any construction, excavation, demolition, alteration, repair, commercial landscaping, and the use of heavy equipment, as provided herein, on New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day, except in the case of urgent necessity in the interest of public safety.
[Added 11-13-2007 by L.L. No. 4-2007]

§ 158-3 Commercial landscapers.

[Amended 6-4-2001 by L.L. No. 5-2001]
No commercial landscaper shall operate any motor vehicle, lawn mower, leaf blower, chainsaw, or other landscaping equipment or other device containing an internal combustion engine or electric motor, without a muffler or other noise-reducing device, properly maintained, to reduce noise to the levels set forth in this chapter.

§ 158-4 General prohibition.

No person or persons owning, leasing or controlling the operation of any source of noise shall permit the establishment of a condition of noise pollution. Except as provided in § 158-6, the use of amplifiers, speakers or other machines or devices capable of reproducing amplified sound on the exterior of any premises, dwelling or building within the village shall be considered noise pollution and shall be prohibited at all times.

§ 158-5 Noise standards.

[Amended 11-6-2000 by L.L. No. 3-2000]
A. 
No person shall create, emit or issue, nor cause or suffer to be created, emitted or issued, any noises or sounds on property from which such noises or sounds may be heard on the property of another, as may unreasonably annoy, disturb or otherwise disrupt the quiet, comfort or repose of persons in any dwelling, or place of temporary or permanent residence within the village. The violation hereof shall constitute a nuisance.
B. 
No person shall create or cause to be emitted any noise which, when measured at any or beyond any lot line of the property on which such noise is being generated in a residential district, exceeds the following standards:
(1) 
From 8:00 a.m. to 6:00 p.m.:
(a) 
Airborne sound in excess of 65 dBA's; or
(b) 
Airborne sound which has an octave band sound pressure level in decibels which exceeds the vales listed in one or more octave bands:
Octave Band Center Frequency
(Hz)
Octave Band Sound Pressure Level
(dB)
31.5
78
63
73
125
67
250
60
500
55
1,000
51
2,000
46
4,000
43
8,000
40
(2) 
From 6:00 p.m. to 8:00 a.m.:
(a) 
Airborne sound which has a sound level in excess of 50 dBA's; or
(b) 
Airborne sound which has an octave band sound pressure level which exceeds the values listed below in one or more octave bands:
Octave Band Center Frequency
(Hz)
Octave Band Sound Pressure Level
(dB)
31.5
75
63
70
125
64
250
57
500
52
1,000
49
2,000
43
4,000
40
8,000
37
C. 
No person shall create or cause to be emitted any noise which, when measured at or beyond any lot line of the property on which such noise is being generated in a commercial district, exceeds the following standards:
(1) 
From 8:00 a.m. to 6:00 p.m.:
(a) 
Airborne noise in excess of 70 dBA's; or
(b) 
Airborne sound which has an octave band sound pressure level in decibels which exceeds the value listed below in one or more bands:
Octave Band Center Frequency
(Hz)
Octave Band Sound Pressure Level
(dB)
31.5
85
63
80
125
74
250
67
500
62
1,000
58
2,000
53
4,000
50
8,000
47
(2) 
From 6:00 p.m. to 8:00 a.m.:
(a) 
Airborne noise in excess of 55 dBA's; or
(b) 
Airborne sound which has an octave band sound pressure level in decibels which exceeds the value listed below in one or more bands:
Octave Band Center Frequency
(Hz)
Octave Band Sound Pressure Level
(dB)
31.5
78
63
73
125
67
250
60
500
55
1,000
51
2,000
46
4,000
43
8,000
40

§ 158-6 Exceptions.

[Amended 11-6-2000 by L.L. No. 3-2000]
A. 
The provisions of § 158-5 shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby excepting the following:
(1) 
The intermittent or occasional use between 8:00 a.m. and 6:00 p.m. on weekdays and between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays and holidays, of homeowner's light residential outdoor equipment or commercial service equipment, provided that said equipment and its use comply with the other provisions hereof.
(2) 
Construction activities between 8:00 a.m. and 6:00 p.m. on weekdays and between 9:00 a.m. and 6:00 p.m. on Saturdays, and the associated use of construction devices and/or the noise produced thereby, including general home repair by a residential homeowner additionally between 9:00 a.m. and 6:00 p.m on Sundays and holidays, provided that such activities and such equipment and their use comply with the other provisions of this Code.
[Amended 5-7-2001 by L.L. No. 1-2001]
(3) 
Noise from church bells or chimes.
(4) 
The lawful operation of properly equipped motor vehicles on any public way.
(5) 
Snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal; commercial driveway snowplowing after 6:00 p.m. during snow emergencies, provided that such activities and the use of equipment associated therewith comply with the other provisions of this Code.
[Amended 5-7-2001 by L.L. No. 2-2001]
(6) 
Noise generated from lawful athletic or recreational events held on the property of the Village of Flower Hill suitable for such activities.
(7) 
Organized activities sponsored by any school district, private school or fire district or department within the Village of Flower Hill.
(8) 
Municipally sponsored celebrations or events.
(9) 
Lawful fireworks displays, parades, carnivals and the like held in accordance with all pertinent provisions of the Flower Hill Village Code.
(10) 
Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way.
(11) 
Emergency construction or repair work performed by or authorized by the State of New York, the County of Nassau, the Town of North Hempstead, the Village of Flower Hill, Long Island Power Authority, Bell Atlantic or any other recognized utility serving the area.
(12) 
The activities of any fire department, ambulance squad or similar emergency or rescue organization.
(13) 
Noncommercial amplified sound that does not exceed the noise standard established in § 158-5 of this chapter.
B. 
This chapter shall not apply to the following:
(1) 
Emergency signal devices.
(2) 
Alarms audible for 15 minutes or less.

§ 158-7 Collective behavior.

[Amended 11-6-2000 by L.L. No. 3-2000]
Where the collective behavior of several persons results in the creation, emission or issuance of any noise or sound that is proscribed by this chapter, each such person engaged in such collective behavior shall be subject to prosecution for any violation arising therefrom.

§ 158-8 Penalties for offenses.

Any person committing an offense against any provision of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties, of the Code of the Village of Flower Hill.