[HISTORY: Adopted by the Board of Trustees
of the Village of Munsey Park 4-7-1971 as Sec. G108 of the 1971 Code. Amendments noted where applicable.]
It shall be unlawful within the limits of the
Village of Munsey Park for any person to make or cause to be made
or continued, or for any owner, lessee or occupant of any land or
premises in the Incorporated Village of Munsey Park, to permit to
be made or continued on the land or premises of the owner, lessee
or occupant any loud, unnecessary, unusual or annoying intermittent
noise or sound or any noise or sound which either annoys, disturbs,
injures or endangers the comfort, peace, repose, health or safety
of others.
[Amended 3-8-1995 by L.L. No. 1-1995]
A.
Declaration of policy. It is hereby declared to be
the policy of the Board of Trustees of this Village to prevent any
unreasonable, loud, disturbing and unnecessary noise. Noise of such
character, intensity and duration as to be detrimental to the life
or health of any individual or contrary to the public welfare is prohibited.
B.
The following acts, among others, are declared to
be loud, disturbing and unnecessary noises, in violation of this chapter,
but any enumeration herein shall not be deemed to be exclusive:
(1)
The sounding of any horn or signal device on any automobile,
motorcycle, bus, streetcar or other vehicle except as a warning signal,
pursuant to the provisions of § 375, Subdivision 1, of the
Vehicle and Traffic Law of the State of New York.
(2)
The operation of any radio or phonograph or use of
any musical instrument in such a manner or with such volume, particularly
between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet,
comfort or repose of persons in any dwelling, hotel or other type
of residence.
(3)
The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort and repose
of any person in the vicinity.
(4)
The use of any automobile, motorcycle, streetcar or
vehicle so out of repair, so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
(5)
The blowing of any steam whistle attached to any stationary
boiler except to give notice of the time to begin or stop work or
as a warning of danger.
(6)
The discharge into the open air of the exhaust of
any steam engine, stationary internal combustion engine or motor vehicle
engine except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(7)
The erection, including excavation, demolition, alteration
or repair, of any building other than between 8:00 a.m. and 6:00 p.m.
on weekdays, including Saturday; except in case of urgent necessity
in the interest of public safety, and then only with a permit from
the Building Inspector, which permit may be renewed for a period of
three days or less, while the emergency continues.
(8)
The creation of any excessive noise on any street
adjacent to any school, institution of learning or court while the
same is in session, or adjacent to any hospital, which noise unreasonably
interferes with the workings of such institution, provided that conspicuous
signs are displayed in such street indicating that the same is a school,
hospital or court street.
(9)
The creation of a loud and excessive noise in connection
with loading or unloading any vehicle or the opening and destruction
of bales, boxes, crates and containers.
(10)
The shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood.
(11)
The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention to any performance,
show or sale or display of merchandise by the creation of noise.
(12)
The use of mechanical loudspeakers or amplifiers
on trucks or other moving vehicles for advertising or other purposes.
(13)
The use of any radio or television apparatus,
talking machine, loudspeaker or amplifier attached thereto, in such
a manner that the loudspeaker shall cause the sound from such radio
or television apparatus or talking machine to be projected directly
therefrom outside of any building or out of doors; or the use of any
radio or television apparatus, talking machine, loudspeaker or amplifier
which is any way fastened to or connected with any outside wall or
window in any building or structure so that the sound therefrom is
projected outside of such outside wall or window between the hours
of 11:00 p.m. and 9:00 a.m. Nothing herein contained shall be construed
to prevent the operation of a radio or television apparatus or talking
machine used in a reasonable manner by any person within any building
or structure, provided that the said radio or television apparatus
or talking machine or loudspeaker is not so arranged that such loudspeaker
shall project the sound therefrom directly outside of any building
or out of doors.
(14)
The operation of any sound source, including
but not restricted to machinery, equipment, pump, fan, air conditioning,
cooling or heating apparatus or other mechanical devices in any manner
as to cause or create any noise exceeding 55 decibels, using the A-weighting
network (hereinafter referred to as "dBA"), and slow response except
for sounds or noises which occur in single or multiple bursts, with
a duration of less than one second, in which event the fast response
shall be used, when measured at the adjoining property line by a sound-level
meter meeting the standards of either Type 1 or Type 2 of the American
National Standards Institute (ANSI Type I or ANSI Type 2 sound-level
meter).
(a)
The following are exempt from the sound-level limits in Subsection B(14) hereof:
[1]
Noise from domestic power tools, lawn mowers,
leaf blowers, and agricultural equipment when operated with a muffler
between the hours of 8:00 a.m. to 6:00 p.m., provided that they produce
less than 85 dBA at or within any real property line of a residential
property.
[2]
Sound from church bells and church chimes when
a part of a religious observance or service.
[3]
Noise from stationary emergency signaling devices.
[4]
Noise from an exterior burglar alarm of any
building or motor vehicle, provided that such burglar alarm shall
terminate its operation within 20 minutes after it has been activated.
[5]
Noise from snow blowers, chain saws and other
domestic tools and equipment when being used to clear driveways, streets
or walkways during and within 48 hours after snowfalls, rainstorms,
ice storms, windstorms or other similar emergencies.
(b)
Generators and portable generators.
[Added 12-7-2011 by L.L. No. 3-2011]
[1]
Notwithstanding the above, a permanent standby generator (hereinafter
"permanent generator") or a portable generator may be located on residential
property in such location as provided in the Zoning Ordinance of the
Incorporated Village of Munsey Park,[1] provided that it does not cause or create any noise exceeding
80 dBA at the nearest property line, as measured by a sound-level
decibel meter meeting the standards of either Type 1 or Type 2 of
the American National Standards Institute (ANSI Type 1 or ANSI Type
2 sound-level meter). A permanent generator requires a building permit
and must comply with all normal requirements for issuance of a building
permit.
[Amended 6-26-2013 by L.L. No. 4-2013]
[2]
Notwithstanding Subsection B(14)(b)[1], a portable generator exceeding the above dBA measurements in Subsection B(14)(b)[1] at or within any real property line of a residential property may be operated if the Building Inspector, or such other official or representative approved by the Mayor, determines that there is an emergency condition so that the use of the portable generator is necessary to remove water from a basement or to operate medical equipment necessary for the health and welfare of an occupant of the residential property in the event of a power blackout. Such permission from the Building Inspector, or such official or representative, shall be granted only for such time as necessary to protect the person or property involved. Operation of the portable generator shall cease upon the end of the emergency condition that required its use.
[3]
At any time that it is in operation, a portable generator shall be
located as far away as practicable from the dwelling of any abutting
neighbor.
[4]
No more than one generator, permanent or portable, may be permitted
on a residential property.
[5]
A permanent generator and a portable generator must be maintained
and be repaired as necessary to comply with all applicable manufacturing
standards and any other standards promulgated by any federal, state
or other agency having jurisdiction over such equipment and must be
grounded and operated in accordance with the manufacturer's specifications.
[6]
A permanent generator and a portable generator may not be lit by
any lights.
C.
The Board of Trustees may appoint a Noise Control
Officer who is authorized to administer and enforce the provisions
of this chapter within this Village, and to issue and serve appearance
tickets upon a person when there is reasonable cause to believe such
person has committed a violation of the provisions of this chapter.[2]
Except as provided in § 119-2B hereof, this chapter shall not apply to the legal use of firearms when carried by a person, and explosives when used pursuant to a permit issued by an authority having jurisdiction.
As used in this chapter, the following terms
shall have the meanings indicated:
Every vehicle operated or driven upon a public highway by
an internal combustion engine, excluding municipally owned or operated
vehicles and ambulances.
[Amended 10-10-2001 by L.L. No. 2-2001]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense. The owner, lessee, tenant, occupant or other person having possession or charge of any lot or plot of ground, or in whose name is registered any motor vehicle, upon or in which a violation of this chapter occurs shall be absolutely liable for such violation.
