[HISTORY: Adopted by the Board of Trustees
of the Village of Tarrytown 5-20-1991 by L.L. No. 7-1991.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Blasting — See Ch. 89.
Dogs and other animals — See Ch. 125.
Public entertainment — See Ch. 143.
Parades — See Ch. 218.
Peddling and soliciting — See Ch. 225.
[1]
Editor's Note: This local law superseded former
Ch. 215, Noise, adopted 2-26-1959 as Ord. 2.4 of the 1959 Unified
Code of Ordinances, as amended.
The Village of Tarrytown recognizes that excessive
noise is detrimental to the public peace, health, safety and welfare
of its residents. Problems concerning the disturbance of the peace
and quiet by noise from various activities are best solved by thoughtful
discussions and cooperative agreements between affected parties. However,
to resolve remaining problems of noise which is disturbing to others,
it is the purpose of this chapter to establish standards for noise
in the Village of Tarrytown.
[Added 8-16-1993 by L.L. No. 6-1993]
B.
No person shall make, continue or cause or permit
to be made, verbally or mechanically, any unnecessary noise. An "unnecessary
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 considerable number of persons or which
causes injury to animal life or damages to property or business. Standards
to be considered in determining whether unnecessary noise exists include
but are not limited to the following:
(1)
The volume of the noise.
(2)
The intensity of the noise.
(3)
Whether the nature of the noise is usual or
unusual.
(4)
Whether the origin of the noise is natural or
unnatural.
(5)
The volume and intensity of the background noise,
if any.
(6)
The proximity of the noise to residential sleeping
facilities.
(7)
The nature and the zoning district of the area
within which the noise emanates.
(8)
The time of day or night the noise occurs.
(9)
The time duration of the noise.
(10)
Whether the sound source is temporary.
(11)
Whether the noise is continuous or impulsive.
(12)
The presence of discrete tones.
[Amended 8-16-1993 by L.L. No. 6-1993]
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 chapter. The unnecessary noises listed below shall not be subject to the maximum sound pressure levels included in § 215-3 hereinbelow, nor shall these acts be considered an exhaustive list, but the occurrence thereof shall be considered a violation of this chapter.
A.
Horns: the sounding of any horn on any automobile,
motorcycle or other vehicle, other than an emergency vehicle, on any
street or public place, except as a danger warning.
B.
Radios, television, electronic sound-reproduction
devices, etc.: the using, operating or permitting to be played, used
or operated any radio receiving set, 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 the 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. The operating of any such set, instrument,
phonograph or device between the hours of 12:00 midnight and 7:00
a.m. in such manner as to be plainly audible on adjacent properties
shall be prima facie evidence of violation of this section.
C.
Loudspeakers; amplifiers for advertising: the using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public street for the purpose of commercial
advertising or attracting the attention of the public to any building
or structure.
D.
Yelling, shouting, etc.: yelling, shouting, hooting,
whistling or singing on the public streets or any public place, particularly
between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place
so as to annoy or disturb the quiet, comfort or repose of persons
in the vicinity.
E.
Deliveries and pickups: the making of deliveries of
supplies or merchandise of any store or other place of business between
the hours of 9:00 p.m. and 7:00 a.m., Monday through Saturday, and
all day Sunday, except in cases of emergencies.
[Amended 6-22-1998 by L.L. No. 7-1998; 11-3-2008 by L.L. No. 17-2008]
F.
It shall be unlawful for any person to sound, or allow
to be sounded, any vehicle alarm for any reason other than an emergency,
on any vehicle parked on any street or public place within the Village
of Tarrytown. For the purpose of this Code, 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.
[Added 6-22-1998 by L.L. No. 7-1998]
G.
The use or operation or allowing 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 a 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 within a motor 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.
[Added 6-22-1998 by L.L. No. 7-1998]
H.
Commercial equipment.
[Added 6-22-1998 by L.L.
No. 7-1998; amended 4-16-2018 by L.L. No. 4-2018]
(1)
The operation of any machinery, commercial motor vehicle, truck refrigeration
unit, generator, equipment, pump, exhaust fan, attic fan, air-conditioning
apparatus or snow plow, in such a manner as to annoy person(s) in
any dwelling after the hour of 9:00 p.m. and before the hour of 8:00
a.m. on any weekday and before 10:00 a.m. and after 5:00 p.m. Saturdays,
Sundays and legal holidays.
(2)
During the period of a Village-declared snow emergency or within
24 hours of a snowfall, snow plows on public and private property,
including parking lots, shall be exempt from this section. Municipal
vehicles shall be exempt from this section at all times.
A.
Except for noise emanating from the operation of motor vehicles and noise declared as unnecessary in § 215-2 hereinabove, the permissible intensity of noise from the foregoing between the hours of 8:00 a.m. to 10:00 p.m. and from 10:00 p.m. to 8:00 a.m. respectively, whether such noise is intermittent, impulsive, sporadic or continuous, is as follows: the maximum sound-pressure level (A-scale reading of standard calibrated sound meter, instrument calibration frequency of 100 cycles per second hertz):
B.
The intensity shall be measured at a point no closer
than 60 feet from the noise source, as best that point can be estimated
by the operator of the sound-measuring device without the use of any
distance-measuring equipment.
Noise emanating from the operation of motor
vehicles on public highways is regulated by the New York State Vehicle
and Traffic Law. The maximum noise levels set forth in the Vehicle
and Traffic Law for the operation of motor 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 in the Village of Tarrytown.
Upon the trial of any person charged with creating unreasonably loud and disturbing noise in violation of this chapter, the court may admit evidence of sound-pressure levels in decibels as shown by a standard calibrated sound meter. For the purpose of this section, evidence that noise exceeding the maximum sound-pressure levels in decibels, as provided in §§ 215-3A and 215-4 hereof, may be admitted as prima facie evidence that the noise was unreasonably loud and disturbing.
[Amended 10-15-2001 by L.L. No. 8-2001]
A.
Chain saws, leaf blowers and outdoor vacuums. It shall
be unlawful for any person to operate a chain saw, power leaf blower,
or outdoor vacuum after the hour of 5:00 p.m. and before the hour
of 8:00 a.m. on any weekday, and before 9:00 a.m. and after 5:00 p.m.
on Saturdays, Sundays and legal holidays.
B.
Construction equipment.
[Amended 10-20-2008 by L.L. No. 16-2008]
(1)
It shall be unlawful for any person to operate outdoor
power tools and construction equipment after the hour of 6:00 p.m.
and before the hour of 8:00 a.m. on any weekday or Saturday. Outdoor
power tools and construction equipment may not be operated on Sunday
or any federal legal holidays. Outdoor power tools and construction
equipment shall include but not be limited to any truck, tractor,
bulldozer, backhoe, grader, mobile drill or generator.
(2)
Any person can make an application to the Village
Engineer requesting an exemption from the requirements of this section
on the basis of hardship; however, all applicants for a hardship exemption
must, within two days of making a hardship application, send written
notice of the hardship request by certified mail, return receipt requested,
to all owners within 100 feet of the property, at the expense of the
applicant. Property owners entitled to notice shall be those listed
as owners on the record in the Village of Tarrytown Tax Assessor's
office as of the date of mailing. The written notice shall contain
a copy of the application made to the Village Engineer requesting
the hardship exemption and a statement that “any and all comments
with respect to the aforementioned application for a hardship exemption
must be made in writing directly to the Village Engineer, Village
of Tarrytown, One Depot Plaza, Tarrytown, New York 10591 within five
days of the date of this notice.” The Village Engineer shall
make a determination as to whether to grant or deny said hardship
request no sooner than seven days after the initial application has
been made. The Village Engineer has the discretion to modify the notice
requirements and time frame requirements of this section in the event
of an emergency.
C.
Lawn mowers. It shall be unlawful for any person to
operate lawn mowers or equipment after the hour of 9:00 p.m. and before
the hour of 8:00 a.m. on any weekday, and before 9:00 a.m. and after
6:00 p.m. on Saturdays, Sundays and legal holidays.
The owner of any animal which barks, whines,
howls 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 shall be guilty of violating this chapter.
Noise emanating from parades and sirens and
whistles used by Fire and Police Departments, authorized emergency
vehicles, civil defense and any other municipal department or agency
for official functions shall not be subject to the provisions of this
chapter.
A.
Both the owner of any instrumentality exceeding permissible
noise levels and its operator shall be deemed violators of this chapter.
B.
Any person violating any provisions of this chapter
shall be punishable, upon conviction thereof, by a fine not exceeding
$250 or imprisonment not exceeding 15 days, or both.
