[HISTORY: Adopted by the Board of Trustees of the Village of Belle Terre as Secs. 8, 9, 11 and 12 of Ord. No. 13 of the 1952 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 37.
Noise on beaches — See Ch. 42.
Building construction — See Ch. 78.
Peace and good order — See Ch. 108.
A. 
Construction and demolition and the use of commercial service equipment and construction devices shall be permitted after the necessary permits have been issued within the Village, excepting on legal holidays, and only between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday. "Commercial service equipment" shall include all engine- or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc. "Construction device" shall include any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, derricks and cranes.
[Amended 11-17-2020 by L.L. No. 4-2020]
B. 
Issuance of permit. An approved special use permit must be issued by the Village Clerk stating any and all requirements and/or limitations as directed by the Board of Trustees of the Village of Belle Terre.
[Added 10-15-1992 by L.L. No. 1-1992]
C. 
The foregoing shall not be applicable in the event of an emergency, provided that the peace and order of the Village is not disturbed.
[Amended 11-17-2020 by L.L. No. 4-2020]
[Amended 9-17-2019 by L.L. No. 3-2019]
All combustion engines of every type and description, such as but not limited to automobiles, lawn equipment and motorcycles, shall be equipped with mufflers or noise suppressors in good operating condition for the muffling and suppressing of the noise of such engines. It is suggested that, whenever possible, engines be either electric or battery powered to reduce the decibel level.
[Amended 3-18-1980 by L.L. No. 2-1980; 9-17-2019 by L.L. No. 3-2019]
No person shall:
A. 
Operate or permit the operation of any device in such a manner as to create unreasonable noise across a real property boundary, including but not limited to any musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public-address system or any other sound-amplifying device in such a manner or with such volume as to annoy or disturb the quiet comfort or repose of persons in any dwelling.
B. 
Keep, harbor or maintain any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person in the vicinity.
C. 
Operate or use any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud, unnecessary or unreasonable grating, grinding, rattling or other noise.
D. 
Operate or permit the operation of an alarm on any building, premises or motor vehicle, unless such alarm shall terminate its operation within 15 minutes after it has been activated and shall not operate more than 15 minutes in any one hour.
[Added 8-19-2008 by L.L. No. 1-2008[1]]
A. 
For the purposes of this section, "lawn maintenance contractor" shall be defined as any individual who performs any work on any lawn, garden, tree or property that is not his or her own or located at the individual's residence.
B. 
Lawn maintenance contractors shall be permitted to perform their services in the Village, excepting legal holidays, only between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday.
C. 
The foregoing shall not be applicable to a resident of the Village performing such work on his or her own property, provided no commercial service devices or construction devices, as defined in this chapter, are used and the peace and order of the Village is not disturbed. The foregoing shall also not apply in the event of an emergency, provided that the peace and order of the Village is not disturbed.
[Amended 11-17-2020 by L.L. No. 4-2020]
[1]
Editor's Note This local law also redesignated former §§ 103-4 and 103-5 as §§ 103-5 and 103-6, respectively.
[Amended 3-18-1980 by L.L. No. 2-1980; 11-17-2020 by L.L. No. 4-2020]
The following shall be considered in determining whether loud, disturbing and unnecessary noise exists in a given situation:
A. 
The volume of the noise.
B. 
The intensity of the noise.
C. 
Whether the nature of the noise is usual or unusual.
D. 
Whether the origin of the noise is natural or unnatural.
E. 
The volume and intensity of the background noise, if any.
F. 
The proximity of the noise to residential sleeping facilities.
G. 
The time of the day or night the noise occurs.
H. 
The duration of the noise.
I. 
Whether the sound source is temporary.
J. 
Whether the noise is continuous or impulsive.
[Added 10-15-1992 by L.L. No. 1-1992; amended 9-17-2019 by L.L. No. 3-2019]
The violation of any provision of this chapter shall be punishable by a fine not exceeding $500 or by imprisonment for not more than 15 days, or both.