[HISTORY: Adopted by the Board of Trustees of the Village of Mount
Kisco 4-5-1999 by L.L. No. 3-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 81.
This chapter shall be known as the "Village of Mount Kisco Noise Control
Law."
The making and creating of unreasonably disturbing, excessive or offensive
noises within the Village/Town of Mount Kisco (the "village") is a condition
which has persisted, and the level and frequency of occurrences of such noises
continue to increase. These noise levels are a detriment to the public health,
comfort, convenience, safety and welfare of the citizens. Every person is
entitled to an environment in which unreasonably disturbing, excessive or
offensive noise is not detrimental to his or her life, health or enjoyment
of property. This chapter is to be construed literally, but it is not intended
to be construed so as to discourage the enjoyment by residents of normal,
reasonable and usual activities.
A.
No person, with the intent to cause public inconvenience,
annoyance or alarm or recklessly creating a risk thereof, shall make, continue
or cause to be made or continued any unreasonable noise in the village. For
purposes of this chapter, "unreasonable noise" is any disturbing, excessive
or offensive sound that disturbs or endangers the comfort, repose, health,
peace or safety of a reasonable person of normal sensitivities.
B.
The following acts are declared to be prima facie evidence
of a violation of this chapter. This enumeration shall not be deemed exclusive.
(1)
Any unreasonably loud or disturbing noise from any source
between the hours of 10:00 p.m. and 7:00 a.m. the following day or 11:00 p.m.
and 9:00 a.m. the following day if such following day is a Sunday or United
States government holiday.
(2)
The generation of noise from equipment used in the construction,
including excavation or filling, demolition, alteration or repair of any building
between the hours of 8:00 p.m. and 8:00 a.m. the following day, or 9:00 a.m.
the following day if such following day is a Sunday or legal holiday.
(3)
The discharge into the open air of the exhaust of any
steam engine, stationary internal-combustion engine or device, air compressor,
motorcycle engine, motor vehicle engine or any other nonelectrical mechanical
device, except through a muffler or other device which effectively prevents
loud, unusual or explosive noise.
(4)
The making of deliveries of supplies or merchandise except
between the hours of 7:00 a.m. and 11:00 p.m. unless such deliveries do not
disturb the comfort or repose of persons in the vicinity.
Any person who violates any provision of this chapter shall be guilty of a Class III violation and shall be subject to the punishment set forth in § 1-17C of the Code. Both the owner and the operator of any instrumentality used in violation of this chapter shall be deemed violators thereof. The village may also seek injunctive relief to prevent the continued violation of this chapter.
