[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 5-24-1988 by L.L. No. 2-1988. Amendments noted where
applicable.]
The purpose of this chapter is to prohibit those
unreasonably loud, disturbing and unnecessary noises which are of
such character, intensity and/or duration to be a detriment to the
general welfare of the residents of the Village of Rye Brook.
[Amended 5-9-1995 by L.L. No. 2-1995; 9-26-2006 by L.L. No.
16-2006]
It shall be unlawful for any person, firm or
corporation to willfully do or cause or allow to be done any of the
following:
A.
Make, or cause to be made, any unnecessary or unusual
noise which annoys, injures or endangers the comfort, repose, health,
safety or welfare of others.
B.
Operate any unreasonably noisy machinery, vehicle,
power tools or gardening equipment; pump, exhaust fan, attic fan,
air-conditioning apparatus or other mechanical device; television,
radio, tape player, phonograph or musical instrument; load and unload
vehicles; or use any instrument not specifically enumerated herein
which annoys, injures or endangers the comfort, repose, health, safety
or welfare of others.
C.
Harbor any animal that barks, whines, howls or makes
any other noise for a period of 10 minutes or more at a volume which
can be heard anywhere beyond the owner's premises.
D.
Operate outdoors on privately owned property between
the hours of 9:00 p.m. to 8:00 a.m. on weekdays and between the hours
of 9:00 p.m. and 9:00 a.m. on weekends a pavement sweeper, leaf blower,
chain saw, motorized lawn mower or other motorized garden equipment,
whether powered by electricity or combustion engine.
[Amended 2-23-2022 by L.L. No. 5-2022]
E.
Engage outdoors on privately owned property in the
commercial pickup of trash, garbage or other waste material between
the hours of 9:00 p.m. and 6:00 a.m.
[Amended 2-23-2022 by L.L. No. 5-2022]
[Added 6-14-2023 by L.L. No. 3-2023]
A.
The use of any fuel-powered motorized leaf blower shall be unlawful in the Village during the period from May 1 through and including September 30 of each year. This prohibition shall not apply to the use of any battery or corded electric-powered leaf blower, which shall be permitted only during the hours set forth in § 158-2D.
B.
During the period of October 1 through and including April 30 of each year, the use of all leaf blowers shall be permitted only during the hours set forth in § 158-2D.
C.
The Superintendent
of Public Works/Village Engineer may authorize the use of leaf blowers
during the period May 1 through September 30 for a period of time
not to exceed seven days after significant storm events or during
other emergency circumstances as determined by the Superintendent
of Public Works/Village Engineer. The Superintendent of Public Works/Village
Engineer may extend the seven-day period by issuing an official notification,
if, in his or her sole discretion, such additional time is deemed
necessary.
D.
The restrictions
imposed by this section shall not apply to the operations of utility
companies or to the use of leaf blowers in connection with driveway/road
paving and sealing activities.
E.
The owner
of any real property in excess of five acres, including a homeowners'
association that maintains individual properties along with its common
areas, may be exempted, or exempted in part, from the restrictions
imposed by this section by resolution of the Board of Trustees. An
application for an exemption or partial exemption shall be filed by
the property owner on such forms as are provided by the Village. Such
application shall include, but not be limited to, the duration of
time for which the exemption is being sought, whether the exemption
is being sought for all or part of the property, and a statement explaining
any reasons why the restrictions imposed by this section may pose
an undue burden or hardship or may have an adverse effect on public
health and safety. The application for such exemption or partial exemption
shall not be subject to a public hearing.
F.
Violations.
(1)
Any
person, individually or on behalf of a business, operating a leaf
blower in contravention of this section and/or any tenant or owner
of property where a leaf blower is being operated in contravention
of this section may be deemed violators of this section and may be
penalized as set forth herein.
The use of a loudspeaker, public-address system,
horn, sound truck or other sound-amplification device which carries
beyond the boundaries of the property on which it is located is hereby
prohibited except on municipal athletic fields and parks, on school
athletic fields and on grounds of clubs in connection with athletic
and sporting events, provided that a permit has been issued for the
same by the Building Inspector or his designee.
[Amended 12-15-1992 by L.L. No. 2-1992; 10-12-1993 by L.L. No. 5-1993; 9-26-2006 by L.L. No. 16-2006;6-28-2018 by L.L. No. 7-2018]
A.
No person, individual, firm, or corporation shall operate any construction equipment, machinery, tool or other device that makes noise audible beyond the property on which it is located except during the following hours and except as provided in § 158-5:
B.
Holidays.
[Amended 2-9-2021 by L.L. No. 4-2021]
(1)
Holidays, for purposes of this chapter, shall be the
following:
(a)
New Year's Day: January 1.
(b)
Martin Luther King, Jr. Day: third Monday in January.
(c)
President's Day: third Monday in February.
(d)
Memorial Day: last Monday in May.
(e)
Independence Day: July 4.
(f)
Labor Day: first Monday in September.
(g)
Columbus Day: second Monday in October.
(h)
Veterans Day: November 11.
(i)
Thanksgiving Day: fourth Thursday in November.
(j)
Christmas Day: December 25.
A.
In cases of emergency, and upon written permission
from the Building Inspector or Police Department, a special exception
for the use of noisy equipment may be permitted.
B.
Sirens and other warning devices used by the police,
fire, ambulance, civil defense and other vehicles engaged in emergency
and/or official functions are excepted.
C.
This chapter shall not apply to operations conducted
or caused to be conducted by the Village of Rye Brook as part of its
municipal functions.
A.
Both the owner of any machinery or equipment and its
operator shall be deemed in violation of this chapter.
B.
Any person, firm or corporation violating any provision of this chapter shall be guilty of an offense and punishable, upon conviction thereof, as provided in § 1-17 of Chapter 1, General Provisions, for each offense, and each day in which such violation shall continue shall constitute a separate offense.
[Amended 12-15-1992 by L.L. No. 2-1992]
This chapter shall apply only to the incorporated
area of the Village of Rye Brook.
