[HISTORY: Adopted by the Board of Trustees
of the Village of Port Washington North 2-3-1986 by L.L. No. 5-1986. Amendments noted where applicable.]
A.
It is hereby declared to be the policy of the Board
of Trustees to prevent any unreasonable, loud, disturbing and unnecessary
noise. Noise of such character, intensity and duration as to be detrimental
to the life or health of any individual or contrary to the public
welfare is prohibited.
B.
It is hereby further declared that the operation of
any radio device or apparatus, or any device or apparatus for the
amplification of sounds from any radio, phonograph or other sound-making
or sound-producing device, or any device or apparatus for the reproduction
or amplification of the human voice or other sounds in front of or
outside of any building, place or premises or in or through any window,
doorway or opening of such building, place or premises abutting on
or adjacent to any public street, park or place; or in or upon any
vehicle operated, standing or being in or upon any public street,
park or place where the sounds therefrom may be heard upon any public
street, park or place; or from any stand, platform or other structure;
or from any airplane or other device used for flying over the village;
or in any boat or on the waters within the jurisdiction of the village;
or anywhere on or in the public streets, parks or places, for commercial
advertising purposes is detrimental to the health, welfare and safety
of the inhabitants of the village; in that such operation diverts
the attention of pedestrians and vehicle operators in the public streets,
parks and places, thus increasing traffic hazards and causing injury
to life and limb. It is hereby further declared that such operation
disturbs the public peace and comfort and the peaceful enjoyment by
the people of their right to use the public streets, parks and places
for street, park and other public purposes and disturbs the peace,
quiet and comfort of the neighboring inhabitants. Therefore, it is
hereby declared that the prohibition of such operation for commercial
advertising purposes is essential to protect and to secure the health,
welfare, safety, comfort, convenience and peaceful enjoyment by the
inhabitants of this village of their right to use the public streets,
parks and places for street, park and other public purposes and to
secure the peace, quiet enjoyment and comfort of the Village inhabitants.
For the purpose of this chapter, the terms used
herein are defined as follows:
Includes operation and use as well as allowing, permitting
or tolerating the operation by an employee and allowing, permitting
or tolerating the operation on premises owned or leased by a person
or by a child, minor, servant, employee, agent or guest of such person
or of someone residing at such premises.
Includes any individual, firm, association or corporation,
whether such person be the owner or lessee, its servants, agents or
employees.
Any radio device or apparatus or any device or apparatus
for the amplification of sounds from any radio, phonograph, television
or other sound-making or sound-producing device or any device or apparatus
for the reproduction or amplification of the human voice or other
sound.
To use or operate or cause to be used or operated any sound
device or apparatus in front of or outside of any building, place
or premises or in or through any window, doorway or opening of such
building, place or premises abutting on or adjacent to any public
streets, park or place; or in or upon any vehicle operated, standing
or being in or upon any public street, park or place where the sounds
therefrom may be heard upon any public street, park or place; or from
any stand, platform or other structure; or from any airplane or other
device used for flying over the village; or in any boat or on the
waters within the jurisdiction of the village or anywhere on or in
the public streets, parks or places.
That which is not required by the usual circumstances.
The normal noise range for a particular type of vehicle or
mechanism.
A.
The following acts, among others, are declared to
be loud, disturbing and unnecessary noises in violation of this chapter,
but any enumeration herein shall not be deemed to be exclusive:
(1)
The operation of any radio, phonograph or use of any
musical instrument in such manner or with such volume, particularly
between 10:00 p.m. and 7:00 a.m. in such manner as to annoy or disturb
the quiet, comfort or repose of reasonable persons of normal sensitiveness
in any dwelling, hotel or other type of residence.
(2)
The keeping or maintaining of any animal or animals
or bird or birds, whether in commercial or in residential zones, which
by causing frequent or long-continued noise shall disturb the comfort
and repose of any reasonable person of normal sensitiveness in the
vicinity.
(3)
The use of any automobile, motorcycle, streetcar or
vehicle so out of repair, so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
(4)
The blowing of any steam whistle attached to any stationary
boiler except to give notice of the time to begin or stop work or
as a warning of danger.
(5)
The discharge into the open air of the exhaust of
any steam engine, stationary internal-combustion engine or motor vehicle
engine except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(6)
Erection, demolition, alteration or repair:
[Amended 9-24-2007 by L.L. No. 6-2007]
(a)
The erection, demolition, alteration or repair, of any building,
including excavation for any purpose, other than between 8:30 a.m.
and 6:00 p.m. on Mondays through Fridays, 9:00 a.m. and 6:00 p.m.,
and on Saturdays, except in cases of urgent necessity in the interest
of public safety and then only with a permit from the Building Department,
which permit may be renewed for a period of three days or less while
the emergency continues.
(b)
The erection, demolition, alteration or repair, of any building,
including excavation for any purpose on Sundays, except in cases of
urgent necessity in the interest of public safety and then only with
a permit from the Building Department, which permit may be renewed
for a period of three days or less while the emergency continues.
(7)
The creation of any excessive noise on any street
adjacent to any school, institution of learning or court while the
same is in session, or adjacent to any hospital, which unreasonably
interferes with the working of such institution, provided conspicuous
signs are displayed in such streets indicating that the same is a
school, hospital or court street.
(8)
The creation of a loud and excessive noise in connection
with loading or unloading any vehicle or the opening or destruction
of bales, boxes, crates or containers.
(9)
The shouting and crying of peddlers, hawkers and vendors
which unreasonably disturbs the peace and quiet of the neighborhood.
(10)
The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention to any sale or display
of merchandise by the creation of noise.
(11)
The sounding of any horn or signal device on
any automobile, motorcycle, bus, streetcar or other vehicle except
as a warning signal pursuant to the provisions of the Vehicle and
Traffic Law of the State of New York.
(12)
The use of any sound-making equipment, such
as, but not limited to, phonograph, tape recorder, musical instrument,
television, radio apparatus, talking machine, loudspeaker or amplifier
out of doors between the hours of 10:00 p.m. and 9:00 a.m. or in such
manner so that the sound therefrom is projected outside of any building
or structure between the hours of 10:00 p.m. and 9:00 a.m. Nothing
herein contained shall be construed to prevent the operation of such
sound-making equipment in a reasonable manner by any person within
any building or structure, provided that such sound-making equipment
shall not project the sound therefrom outside of such building or
structure and, if such sound-making equipment is being used in a dwelling
containing two or more families, provided that such sound-making equipment
shall not project the sound therefrom beyond the common walls separating
such families. The operation of any such sound-making equipment at
any time in such a manner as to be plainly audible at the property
line, or 25 feet in the case of a vehicle on public rights-of-way,
shall be prima facie evidence of a violation of this section.
(13)
The operation of any sound device or apparatus
in, on, near or adjacent to any public street, park or place for commercial
advertising purposes.
(14)
The outdoor operation upon private property
or the public way within any residential district of any power equipment
used or able to be used for home or building construction or repair,
or for grounds improvement or maintenance, other than between the
hours of 8:30 a.m. and 6:00 p.m., on Mondays through Fridays, and
9:00 a.m. and 5:00 p.m. on Saturdays. Notwithstanding the foregoing,
owners or occupants of private property within any such residential
district may themselves operate power equipment outdoors on any day
between the hours of 9:00 a.m. and 7:00 p.m. Power equipment subject
to the provisions hereof shall include, but not be limited to, the
outdoor operation or use of lawn mowers, garden tools, snow-removal
equipment, power saws, including chain saws, leaf blowers, lawn edgers,
and wood, branch and leaf chippers.
[Amended 6-12-2000 by L.L. No. 5-2000; 9-24-2007 by L.L. No. 6-2007]
(15)
The use or operation of any air-conditioning
or heating equipment, machinery or devices, which makes excessive
or unusual noise and unreasonably disturbs the comfort and repose
of any reasonable person of normal sensitiveness residing in the area.
(16)
To willfully make or continue, or cause to be
made or continued, any loud, unnecessary or unusual noise which disturbs
the peace or quiet of any neighborhood or which causes discomfort
or annoyance to any reasonable person of normal sensitiveness residing
in the area.
B.
The standards which shall be considered in determining
whether a violation of the provisions of this section exists shall
include, but not be limited to, the following;
(1)
The volume of the noise;
(2)
The intensity of the noise;
(3)
Whether the nature of the noise is usual or unusual;
(4)
Whether the origin of the noise is natural or unnatural;
(5)
The volume and intensity of the background noise,
if any;
(6)
The proximity of the noise to residential sleeping
facilities;
(7)
The nature and zoning of the area within which the
noise emanates;
(8)
The density of the inhabitation of the area within
which the noise emanates;
(9)
The time of the day or night the noise occurs;
(10)
The duration of the noise;
(11)
Whether the noise is recurrent, intermittent,
or constant; and
(12)
Whether the noise is produced by a commercial
or noncommercial activity.
A.
It shall be unlawful for any person to operate or
cause to be operated any sound device or apparatus in, on, near or
adjacent to any public street, park or place for commercial advertising
purposes.
B.
It shall be unlawful for any person to operate or
drive or to employ, procure or induce another to operate, drive, lend,
lease or donate any automobile, truck or other type of vehicle or
to operate or aviate or procure or induce another to operate, aviate,
lend, lease or donate any airplane or other type of flying device
for commercial advertising by means of any sound device or apparatus
in violation of this chapter.
C.
The use of the name of any person or of any proprietor,
vendor or exhibitor or the use of any trade, business or corporate
name in connection with such commercial advertising shall be presumptive
evidence that such advertising was conducted by reason of employment,
procurement or inducement on the part of said person, proprietor,
vendor or exhibitor or the person or persons represented by said trade,
business or corporate name.
Any person who shall violate any of the provisions
of this chapter shall be guilty of an offense and shall be punishable
by a fine of not more than $250. Each day that a violation continues
shall be deemed a separate and distinct offense.
