[HISTORY: Adopted by the Board of Trustees
of the Village of Muttontown 3-13-2000 by L.L. No. 2-2000. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any dog, cat, bird, chicken, rooster, cow, sheep, horse or
any other livestock or animal.
Any commercial gardener, landscaper, tree surgeon or other
individual involved in a lawn or ground maintenance business.
Any tractor, bulldozer, backhoe, earthmoving machine, cement
mixer, crane or other similar construction machinery.
Any powered leaf blower, mower, chain saw, grinder, trimmer
or other internal combustion engine apparatus or landscaping equipment
used for lawn or ground maintenance.
Any radio or television set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing
or reproducing of sound.
Any vehicle capable of being operated or driven upon a public
highway which is propelled by any power other than muscular power,
except electrically driven mobility-assistance devices operated or
driven by a person with a disability, fire and police vehicles and
ambulance and other emergency vehicles. "Motor vehicle" shall exclude
farm-type tractors and vehicles used exclusively for agricultural
purposes, or ground maintenance, other than for hire.
Any device of any design or manufacture that is designed
to create unreasonable noise or designed for the purpose of scaring,
frightening or disturbing a domestic animal or wildlife.
Any self-propelled vehicle which is primarily for off-highway
operation or competitions and only incidentally operated on a public
highway, such as, but not limited to, a go-cart, all-terrain vehicle,
unlicensed motorcycle, motorbike or snowmobile.
Any loud, unnecessary, unusual or annoying, intermittent
or prolonged noise which annoys, destroys, injures or endangers the
comfort, repose, health, peace or safety of a reasonable person of
normal sensitivity. Factors to be considered in determining whether
a sound is an unreasonable noise may include, but are not limited
to, the following:
The incorporated Village of Muttontown and all territory
within its boundaries.
No person shall make or cause to be made or continued, nor shall any owner, lessee or occupant of any land in the Village permit to be made or continued on his premises, any unreasonable noise within the Village, except as permitted in Chapter 70 hereof relating to the regulation of firearms.
Without limiting the provision of § 104-2, the following acts are expressly declared to be unreasonable noise in violation of this chapter:
A.
Horn and signaling device. The sounding of any horn
or signaling device on any boat, motor vehicle or recreational vehicle,
except as a danger or warning signal.
B.
Loudspeaker for advertising or broadcasting. The playing,
using, operating or permitting to be played, used or operated of any
loudspeaker on a public street, public waterway or other public place
for the purpose of advertising or broadcasting which is heard on private
property, unless a permit therefor shall have been issued by the Board
of Trustees.
C.
Unnecessary amplification. The playing, using, operating
or permitting to be played, used or operated of any loudspeaker at
a volume level sufficient to cause the sound produced or reproduced
to be audible at a point 10 feet beyond the property boundary line
of the property from which the sound is produced or reproduced.
D.
Animal.
(1)
The keeping or allowing to be kept of any animal outdoors
which causes unreasonable noise between the hours of 9:00 p.m. and
8:00 a.m. of the following morning.
(2)
The keeping or allowing to be kept of any animal which
creates or causes unreasonable noise that is continuous for a period
exceeding 30 minutes in duration.
E.
Exhaust. The discharge of the exhaust of any internal
combustion engine without a muffler or other device which will effectively
prevent unreasonable noises emanating therefrom.
F.
Noisemaking device. The using, operating, discharging,
installing or causing to be used, operated, discharged or installed
of any noisemaking device.
G.
Construction and operation of construction machinery.
The construction, demolition, alteration or repair of any building
and the operation of construction machinery at any time on Saturday,
Sunday and New York State legal holidays and for all other days between
the hours of 6:00 p.m. and 8:00 a.m. of the following morning, except
pursuant to a permit issued by the Building Inspector or the Mayor
in an emergency situation. Nothing herein shall be construed to prohibit
minor alteration to a building which is entirely enclosed or the use
of small power tools and machinery for the maintenance of a person's
property. The operation of a generator for emergency purposes shall
not be prohibited under any provision of this chapter.
H.
Commercial landscaper. The use of any landscaping
equipment by commercial landscapers at any time on Sunday and New
York State legal holidays and for all other days between the hours
of 6:00 p.m. and 8:00 a.m. of the following morning. In the A-3 (1/2
acre) Zoning District or any lot within 500 feet of the A-3 Zoning
District, the use of landscaping equipment at any time on Saturday
is also prohibited. The Mayor or designated representative is authorized
to issue temporary permits to commercial landscapers to use landscaping
equipment in emergency situations during prohibited hours.
I.
Alarm. A burglar alarm or other alarm system of any
building, motor vehicle, recreational vehicle or boat which is continuous
and exceeds 15 minutes in duration.
J.
Tires. The intentional use and operation of a motor
vehicle or recreational vehicle in such a manner as to cause excessive
squealing or other excessive noise of the tires.
K.
Recreational vehicle.
(1)
The continuous use or operation of any recreational
vehicle on private or public property for a period exceeding 30 minutes.
(2)
The use or operation of any recreational vehicle on
private or public property at any time on Sunday and New York State
legal holidays and for all other days between the hours of 6:00 p.m.
and 8:00 a.m. the following morning, unless pursuant to a permit issued
by the Board of Trustees.
Upon receipt of a complaint, the Police Department,
Building Inspector or Village representative shall conduct an investigation
to determine if there is a probable violation of the provisions of
this chapter. For the first occurrence, in lieu of issuing an appearance
ticket, an appropriate warning may be issued to the violator to cease
and desist from continuing such noise.
