[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Plandome 8-2-1971 by Ord. No. 50; amended in its entirety 3-11-2003 by L.L. No. 2-2003. Subsequent amendments
noted where applicable.]
The Board of Trustees of the Village of Plandome
hereby finds that unreasonably loud, disturbing and unnecessary noise
impacts negatively on the peace and tranquility of the community.
Intense, prolonged, unusual or grating noises can disrupt the comfort
and repose of Village residents, cause debilitating effects to their
health and well-being and are detrimental to the character of the
neighborhood. Therefore, this chapter is enacted to minimize the occurrence
of such noise, limit its duration and restrict the intensity of any
such sound source within the Village, all for the general good and
welfare of the community as a whole.
It shall be unlawful within the limits of the
Village of Plandome for any person, owner, lessee or occupant of any
land or premises in said Village to commit or allow to be committed
any of the following acts, which are declared to be unreasonably loud,
disturbing and unnecessary noises in violation of this chapter, but
any enumeration herein shall not be deemed to be exclusive:
A.
The operation of engine-powered equipment such as,
but not limited to, lawn mowers, leaf blowers, snow blowers, chain
saws, domestic power tools or agricultural implements, except as follows:
(1)
Homeowner operation: Monday through Saturday, between
the hours of 8:00 a.m. and 8:00 p.m. during the months of April through
October, or between 8:00 a.m. and 6:00 p.m. during the months of November
through March; on Sundays between the hours of 11:00 a.m.and 5:00
p.m.
(2)
Contractor operation: Monday through Friday 8:00 a.m. to 6:00 p.m.
and Saturday, between the hours of 9:00 a.m. and 4:00 p.m. (No operation
on Sundays.)
[Amended 7-9-2018 by L.L. No.
1-2018]
(3)
During and within 48 hours after snowfalls, rainstorms,
ice storms, windstorms or other similar emergencies, equipment may
be used to clear driveways, streets and walkways or to remove debris
and secure or protect damaged property.
(4)
During an interruption of electric power, emergency
generators may be used to supply power while the outage continues.
[Amended 9-10-2013 by L.L. No. 4-2013]
B.
The erection, including excavating, demolition, alteration,
repair, delivery of materials, preparation for work and cleanup, of
any building at any time on Sundays or holidays on which the Village
office is closed, or outside the hours of 8:00 a.m. to 6:00 p.m.,
Monday through Friday and Saturday, between the hours of 9:00 a.m.
and 4:00 p.m. (No operation on Sundays.) In cases of urgent necessity
or public safety, and then only with a permit from the Village, an
exception may be made. Such permit may be granted for a period of
up to three days or while the emergency continues.[1]
[Amended 7-9-2018 by L.L.
No. 1-2018]
C.
The operation of any sound amplification device or
the use of any musical instrument outside the dwelling or the sound
of which can be heard outside the dwelling, as follows:
(1)
Sunday through Thursday between the hours of 10:00
p.m. and 9:00 a.m., and Friday and Saturday between the hours of 11:00
p.m. and 9:00 a.m.
D.
Permitting a household pet or other animal to cause
frequent, prolonged or excessively loud noise which a reasonable person
would find objectionable.
E.
The use of any automobile, motorcycle or vehicle not
equipped with a muffler as required by the New York State Vehicle
and Traffic Law.
F.
The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle except as a warning signal pursuant
to the provisions of § 375 of the Vehicle and Traffic Law
of the State of New York.
G.
The sounding of any audible burglar or fire alarm
of any building or motor vehicle that does not terminate its operation
within 20 minutes after it has been activated.
H.
Operating or causing to be used or operated any sound
device or apparatus in, on, near or adjacent to any public street,
park or place for commercial or business advertising purposes.
No person, firm or corporation shall operate,
cause or permit the operation of any continuous, predictable or recurring
sound source in such a manner so as to create a sound pressure level
that exceeds 55 decibels measured on a sound level meter using the
A-weighting filter (55 dBA) within the property limits of a receiving
residential property between the hours of 10:00 p.m. and 9:00 a.m.
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article III, Penalties. Each separate event on each day shall be considered a separate offense. The owner, lessee, tenant, occupant or other person having possession or charge of any lot or plot of ground, or in whose name is registered any motor vehicle, upon or in which a violation of this chapter occurs shall be absolutely liable for such violation.
This chapter shall be effective upon filing
with the Secretary of State.
