[HISTORY: Adopted by the Village Board of
Trustees of the Village of Pleasantville 8-28-1989 by L.L. No. 15-1989; amended in its entirety 4-13-1992 by L.L. No. 2-1992.
Subsequent amendments noted where applicable.]
This chapter shall be known as the "Village
of Pleasantville Noise Control Law."
It is the purpose of this chapter to prevent
unreasonable, unreasonably loud, disturbing or unnecessary noise,
which unreasonably interferes with the sleep, comfort, repose, health
or safety of others.
As used herein, the following terms shall have
the meanings indicated:
Any stand-on, mounted, walk-behind, portable, handheld, or
backpack style device that is powered by electricity including battery
power which is used to produce a stream of air for the purpose of
blowing, moving or distributing leaves, grass clippings, dust, dirt,
trimmings from trees or shrubs, or any other litter or debris.
[Added 6-27-2022 by L.L. No. 4-2022]
Any stand-on, mounted, walk-behind, portable, handheld, or
backpack style device that is powered by a gasoline, diesel or similar
fuel engine which is used to produce a stream of air for the purpose
of blowing, moving or distributing leaves, grass clippings, dust,
dirt, trimmings from trees or shrubs, or any other litter or debris.
[Added 6-27-2022 by L.L. No. 4-2022]
Commonly referred to as a leaf, garden or landscaping blower,
and includes any stand-on, mounted, walk-behind, portable, handheld,
or backpack style device that is powered by electricity or a gasoline,
diesel or similar fuel engine which is used to produce a stream of
air for the purpose of blowing, moving or distributing leaves, grass
clippings, dust, dirt, trimmings from trees or shrubs, or any other
litter or debris.
[Added 6-27-2022 by L.L. No. 4-2022]
One or more natural persons of either sex, corporations,
partnerships, associations, membership societies and all other entities
capable of being sued.
Any vehicle which is propelled or drawn on land or on the
frozen surface of a lake by a motor, such as but not limited to passenger
cars, trucks, truck trailers, semitrailers, campers, go-carts, snowmobiles,
amphibious craft on land, dune buggies, all-terrain vehicles, racing
vehicles and motorcycles.
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any amplified musical instrument, radio, television, tape recorder,
phonograph, loudspeaker public-address system or any other sound-amplifying
device.
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures or endangers or interferes with the
sleep, comfort, repose, health or safety of a reasonable person of
normal sensitivities or which causes injury to animal life or damage
to property or business.
No person shall make, cause or permit to be
made any unreasonable, unreasonably loud, disturbing or unnecessary
noise within the geographical boundaries of the Village of Pleasantville.
The creation of unreasonably loud, disturbing
or unnecessary noise by any of the following acts and their causes
are declared to be violations of this chapter:
A.
The use of any sound reproduction device inside a
structure in such a manner as to result in the sound or any part thereof
from such device to be projected therefrom outside of the structure
or out of doors and heard from any residential dwelling.
B.
Loading or unloading vehicles.
(1)
The loading or unloading of any vehicle between 7:00
p.m. and 8:00 a.m. on any day and at any time on Sunday within a residence
zoning district or any preexisting, nonconforming property used as
a residence in a commercial zoning district within the Village of
Pleasantville will be prohibited.
(2)
Loading or unloading within any other zoning district
except as specified above will be prohibited from 7:00 p.m. and 7:00
a.m. on any day and at any time on Sunday.
C.
To operate or use any tools, pile driver, pneumatic
hammer, tractor, derrick, electrical hoist, gasoline- or electric-powered
saw or other mechanical apparatus or equipment, the use of which is
attended by noise, between the hours of 7:00 p.m. and 8:00 a.m. the
following day or at any time on Sunday.
D.
Sounds made by any animal.
E.
The playing of music or a sound reproduction device
or the operation of any radio, television receiver or phonograph between
the hours of 11:00 p.m. and 5:00 a.m. the following day.
F.
Any device known as a "sound truck" or motor vehicle
containing an amplifying system whereby sounds, music or words are
transmitted upon the public streets or highways.
G.
The sounding of any horn or other auditory signaling
device on or in any motor vehicle except to serve as a danger warning.
H.
The operation of any self-propelled vehicle.
I.
The shouting, crying or bellowing of peddlers, hawkers
and vendors.
J.
The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention to any business.
K.
Yelling or shouting at any time or place.
L.
The use and operation of lawn mowers, motorized leaf
blowers and all similar machines deployed for outdoor property maintenance
is prohibited between the hours of 7:00 p.m. and 8:00 a.m. Monday
through Friday, and 5:00 p.m. through 9:00 a.m. on weekends and federally
recognized holidays.
[Amended 11-14-2005 by L.L. No. 9-2005; 6-27-2022 by L.L. No. 4-2022]
[Added 6-27-2022 by L.L. No. 4-2022]
A.
Effective
May 15, 2023, the use of any fuel-powered motorized leaf blowers shall
be unlawful in the Village during the period from May 15 through and
including September 30 of each year.
B.
During the period of May 15 through and including September 30 of each year, the use of all electric-powered motorized leaf blowers shall be permitted only during the hours set forth in § 123-5L.
C.
During the period of October 1 through and including May 14 of each year, the use of any motorized leaf blowers shall be permitted only during the hours set forth in § 123-5L.
D.
The use
of fuel-powered motorized leaf blowers shall be permitted during the
period May 15 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.
The Superintendent of Public Works may extend the seven-day time period
by issuing an official notification if in his or her sole discretion
such additional time is deemed necessary.
E.
The use
of fuel-powered motorized leaf blowers shall be permitted by the Pleasantville
Union Free School District to redistribute the infill back on the
playing surface of the School District's natural turf fields when
such infill is displaced by heavy rain.
The owner, tenant and person in charge of the
premises on which a violation under the provisions of this chapter
has been committed shall be deemed to have permitted such violation
on the subject premises and, as such, shall be guilty of such violation.
A.
Nothing contained in this chapter shall be construed
to prevent the production of music or the use of an amplifying system
in connection with any military, civic or authorized parade, religious
ceremony or any school-sponsored or municipally sponsored activities.
B.
The provisions of this chapter shall not apply to
the sounding of bells, horns, sirens or any other instruments by a
fire apparatus or station, police or any other vehicle or person in
the event of an emergency or other such condition or situation.
C.
The provisions of this chapter shall not apply to
sounds created by church bells or chimes.
D.
The creation of unreasonably loud, disturbing or unnecessary
noise in conjunction with alleviating an emergency shall be exempt
from this chapter.
E.
Noise created by any municipal vehicle in the course
of providing municipal services shall be exempt from this chapter.
[Amended 4-28-1997 by L.L. No. 4-1997]
The Village Board of Trustees is hereby authorized
by resolution to suspend any of the provisions of this chapter in
connection with any holiday celebration or upon any occasion of special
public interest, for such time and upon such conditions as shall be
prescribed by the Village Board of Trustees.
[Added 6-29-1992 by L.L. No. 6-1992]
A.
No person shall cause or permit the engine of a motor
vehicle, other than a legally authorized emergency motor vehicle,
to idle for longer than three minutes while parking as defined in
§ 129 of the New York State Vehicle and Traffic Law, standing
as defined in § 145 of the New York State Vehicle and Traffic
Law or stopping as defined in § 147 of the New York State
Vehicle and Traffic Law, unless the engine is used to operate a loading,
unloading or processing device.
B.
When the ambient temperature is in excess of 40°
F., no person shall cause or permit the engine of a bus, as defined
in § 104 of the New York State Vehicle and Traffic Law,
to idle while parking, standing or stopping, for longer than three
minutes.
C.
Violators of this chapter may be issued appearance
tickets by officers or agents of the Pleasantville Police Department.
Such appearance tickets shall be returnable in local court.
A.
The provisions of this chapter shall be enforced by
the Police Department and Building Inspector of the Village of Pleasantville
or other officials designated by the Village Board of Trustees.
B.
The investigating police officer, Building Inspector
or other designated official who is a witness to the noise which is
in violation to this chapter is authorized to issue a summons hereunder.
[Added 10-17-1993 by L.L. No. 21-1993]
[Amended 4-28-1997 by L.L. No. 4-1997]
Any person violating any provision of this chapter
shall be guilty of a violation punishable by a fine of not more than
$500, imprisonment not to exceed 15 days, or both such fine and imprisonment.
