Village of Irvington, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Irvington 2-29-1916. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising devices — See Ch. 71.
Littering — See Ch. 143.
Parks and land — See Ch. 153.

§ 148-1 Posting handbills or advertisements; penalty.

Any person or persons who shall post any handbills, notices or advertisements of any kind or who shall print, paint, stamp or otherwise mark any words, letters, figures, signs or tokens of any sort or kind, on any flagstone, curbstone, sidewalks, trees, poles or rocks or any public property of the Village, shall be subject to a penalty of $5 for each and every offense.

§ 148-2 Breaking fountain or hydrant; penalty.

Any person or persons who shall in any manner, or by any act, break, disturb, mar or interfere with any fountain or hydrant in this Village, except persons duly authorized to use or repair the same, shall be liable to a penalty of $5 for each and every offense.

§ 148-3 Keeping gambling house, etc.; penalty.

No person or persons shall set up, maintain or keep any gaming or gambling house, disorderly house or house of ill fame in this Village, under a penalty of $100 and $10 for each and every day any such house shall remain open after notice to close same shall be given, signed by the Clerk of the Village.

§ 148-4 Unnecessary noises; penalty.

[Amended 9-17-1983]
A. 
It shall be unlawful for any person to make, continue, or cause to be made or continued, any loud, unnecessary or unusual noise or any noise which reasonably either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the Village of Irvington. Both the owner of any instrumentality causing unnecessary noises and its operator shall be deemed to be in violation of this chapter. Property owners who permit, suffer or allow such unnecessary noises to occur on his/her/its property shall also be deemed to be in violation of this chapter.
[Amended 10-16-2000 by L.L. No. 4-2000]
B. 
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:
(1) 
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle (other than an emergency vehicle) on any street or public place, except as a danger or burglary warning; creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other noise-emitting device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.
(2) 
Radios, phonographs, etc. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument or instruments, phonograph or other machine or device for the producing or reproducing of sound, in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 12:00 midnight and 7:00 a.m. in such manner as to be plainly audible on adjacent properties shall be prima facie evidence of a violation of this section.
(3) 
Loudspeakers; amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to a building or structure.
(4) 
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets or any public place, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in the vicinity.
(5) 
Animals. The keeping or harboring of any animal which, by causing frequent or loud continued noise, shall disturb the comfort or repose of any persons in the vicinity.
(6) 
Deliveries and pickups. The making of deliveries of supplies or merchandise or collection of garbage or refuse at any store or other place of business between the hours of 11:00 p.m. and 7:00 a.m. and by any tractor-trailer combinations of 30 feet or longer in the Industrial District and Business District on Sundays except in cases of emergency.
[Amended 11-3-1986; 8-21-1989 by L.L. No. 11-1989]
(7) 
Noise generated by a business that impacts its neighbors; specifically, a business in the Waterfront Zone or in a mixed residential/business zone cannot create noise that disturbs the peace, quiet and comfort of the neighboring inhabitants between the hours of 7:00 p.m. and 7:00 a.m.
[Added 11-3-1986; amended 1-6-2014 by L.L. No. 1-2014]
(8) 
Blasting and mechanical rock excavation between the hours of 5:00 p.m. and 9:00 a.m. on Mondays through Fridays, and at all times on Saturdays, Sundays and federal holidays. “Mechanical rock excavation” means rock removal with the use of a mechanical hammer or similar device, but excluding drilling or boring of holes, and excluding the removal of man-made structures such as concrete steps or driveways.
[Added 12-5-2016 by L.L. No. 10-2016[1]]
[1]
Editor's Note: This local law also renumbered former Subsection B(8) as Subsection B(9).
(9) 
Construction work. "Construction work" shall mean all work performed by one or more employees and/or independent contractors pursuant to an oral or written agreement for compensation and involving the construction, reconstruction, demolition or removal of buildings or major repairs to buildings, the excavation, clearing, filling or grading of land or the placement or removal of earth, stone or building material of any kind, whether or not the work involves the use of machinery or power tools. The term "construction work" shall not mean the performance of necessary emergency repairs. So that residents may enjoy the quiet use of their property, no person shall engage in construction work earlier than 7:00 a.m. or later than 7:00 p.m., prevailing time, on any weekday, and no earlier than 9:00 a.m. or later than 5:00 p.m. on Saturdays. Construction work is prohibited at all times on Sunday and on federal holidays, which currently include:
[Added 10-16-2000 by L.L. No. 5-2000]
(a) 
New Year's Day.
(b) 
Martin Luther King, Jr.'s Birthday.
(c) 
Presidents' Day.
(d) 
Memorial Day.
(e) 
Independence Day.
(f) 
Labor Day.
(g) 
Columbus Day.
(h) 
Veterans Day.
(i) 
Thanksgiving Day.
(j) 
Christmas Day.
(10) 
Gas-powered leaf blowers. The following restrictions apply to the use of gas-powered leaf blowers:
[Added 7-17-2017 by L.L. No. 6-2017[2]]
(a) 
Gas powered leaf blowers may not be used except in the following situations:
[1] 
During the spring and fall cleanup periods, i.e., March 15 through June 1 and September 15 through December 15, and then only during the following time periods: Monday through Friday, between 8:00 a.m. and 5:00 p.m.; Saturday, Sunday and federal holidays, between 10:00 a.m. and 4:00 p.m.
[2] 
In addition to the spring and fall cleanups permitted by Subsection B(10)(a)[1] above, on one- or two-family properties, the property owner may use one gas-powered leaf blower once a week for no more than 30 minutes and only during the following time periods: Monday through Friday, between 8:00 a.m. and 5:00 p.m.; Saturday, Sunday and federal holidays, between 10:00 a.m. and 4:00 p.m.
[3] 
In addition to the spring and fall cleanups permitted by Subsection B(10)(a)[1] above, on multifamily and cluster residential developments and attached one-family dwelling developments, gas-powered leaf blowers may be used between 9:00 a.m. and noon, Monday through Friday, and not at all on Saturdays, Sundays and federal holidays. This exception will automatically expire on December 31, 2018.
[4] 
Golf and tennis clubs and municipal employees performing their regular duties, provided that any leaf blower may not be used within 100 feet of the nearest residence.
[5] 
When responding to an emergency.
[6] 
When removing snow.
(b) 
In addition to the time limitations above, walk-behind leaf blowers may not be used unless the property that is being cleaned is greater than 1/2 acre.
(c) 
No more than a total of two handheld or backpack leaf blowers may be used at a time, unless the property that is being cleaned is greater than 1/2 acre.
(d) 
No gas-powered leaf blower may be used unless:
[1] 
It meets the current Environmental Protection Agency (EPA) exhaust standards;
[2] 
It is operated and maintained in accordance with manufacturer’s instructions and specifications; and
[3] 
Handheld or backpack leaf blowers operate at a noise level of 70 dBA or less until December 31, 2018, after which time, the noise limit shall be 65 dBA, according to ANSI standard B175.2.
[2]
Editor's Note: This local law provided that it would take effect 8-1-2017.
C. 
Penalty. Persons found guilty of violating any of the provisions of § 148-4, except Subsection B(10), shall be subject to a penalty of not less than $50 nor greater than $250 for each and every violation. Any property owner or tenant on whose property a violation of Subsection B(10) occurs shall be subject to a penalty of $100 for the first offense, and $250 for any subsequent offense.
[Amended 11-3-1986; amended 7-17-2017 by L.L. No. 6-2017[3]]
[3]
Editor's Note: This local law provided that it would take effect 8-1-2017.

§ 148-5 Public intoxication, disorderly conduct, etc.; penalties.

All persons found intoxicated in the streets of the Village, or who shall be noisy, riotous or tumultuous in conduct, disturbing the quiet and peace of the Village or of any meeting or assembly therein or who shall willfully give false alarm of fire, or who shall publicly use any profane, vulgar or obscene language or conduct in any street or public place in this Village, or who at any time of any fire in said Village shall be guilty of an insubordination or any disorderly conduct, shall be subject to a fine of $5, and whoever shall attempt to obstruct operations of the Fire Department, or shall willfully neglect or refuse to obey, or attempt to prevent or obstruct the execution of any orders of the Trustees or any officers of the Fire Department, shall be deemed and are hereby declared to be disorderly persons and subject to a fine of $5 for the first offense and $15 for each and every other offense.

§ 148-6 Placing building material on street or sidewalk; penalty.

No person shall place or cause to be placed any stones, lumber or other material for building or any dirt or rubbish of any description in any gutter or on any street or sidewalk in said Village and allow the same to remain over 24 hours without permission duly given by the Mayor or Board of Trustees, under a penalty of $10 and $5 for each additional 24 hours said materials, stones or lumber shall so remain after notice in writing by the Clerk of the Village to remove the same.

§ 148-7 Permit required for parades, etc.; penalty.

Parades, exhibitions and playing of bands of music upon the streets, sidewalks or public grounds of this Village are hereby forbidden without a permit duly signed, under a penalty of $5 for each and every violation.

§ 148-8 Riotous assemblages; loitering; penalty.

Riotous and tumultuous assemblages and unnecessary crowds upon the streets or sidewalks, or in the doorways or stairways adjacent thereto, or loitering about such doorways and stairways by persons who are not occupants of such premises, are hereby forbidden. Any person willfully violating any of the provisions of this section shall be subject to a penalty of $5.

§ 148-9 Permit required for poolrooms, etc.; penalty.

[Amended 10-20-1930]
The keeping of billiard saloons or poolrooms, bowling alleys, sporting galleries and other similar places of amusement[1] for money or hire, or the giving of exhibitions, and performances of entertainments in any place where liquor is sold or drunk under a liquor tax certificate, without a permit therefor, are hereby prohibited under a penalty of $25 for each and every violation of any provision in this section.
[1]
Editor's Note: See Ch. 80, Art. I, Amusement Licenses.

§ 148-10 Swimming without bathing suit; penalty.

No person shall swim or bathe in open water exposed to the public within or bounding this Village, without being clad in a proper bathing suit, under a penalty of $5 for each and every offense.

§ 148-11 Permit required for landing of excursion boats.

The landing of excursion boats within the Village, or passengers therefrom, is hereby prohibited, without permission duly given by the Mayor or Board of Trustees.

§ 148-12 Unsafe structures.

[Added 9-5-1989 by L.L. No. 15-1989]
A. 
Definitions. Structures and conditions within the Village of Irvington which threaten to impair the health, safety or welfare of persons or property are hereby declared to be public nuisances subject to abatement in accordance with this section. Without limiting the generality of the foregoing, the following may be public nuisances within the meaning of this section: buildings in structurally unsound condition, open wells and excavations and accumulations of garbage or refuse.
B. 
Continuance prohibited. It shall be unlawful for the owner of real property within the Village of Irvington to create or suffer the continuation on said property of a public nuisance as defined by this section.
C. 
Procedures.
(1) 
Building Inspector. The Building Inspector shall inspect any premises thought to constitute or contain a public nuisance as defined by this section and shall file a report of each such inspection with the Village Clerk setting forth his findings, including his determination whether a public nuisance exists. If the Building Inspector determines that a public nuisance exists, he shall also cause a notice to be served on the owner of the property or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk, containing a description of the premises, a statement of the particulars in which the building, structure or condition is unsafe or dangerous, an order requiring the same to be made safe and secure or removed and fixing the time within which such person shall secure or remove such public nuisance and a notice of a hearing before the Village Board setting forth the date, time and place of said hearing; and if such service be made by registered mail, he shall post a copy of such notice on the premises. The Building Inspector and the Village Attorney shall also cause a copy of such notice to be filed in the office of the Clerk of the County of Westchester in the same manner as a notice of pendency pursuant to Article 65 of the civil practice law and rules, which notice shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing, provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Village Attorney. The County Clerk where such notice is filed shall mark such notice and record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
(2) 
Village Board. The Village Board shall conduct a hearing to determine whether a public nuisance as defined in this section exists and what action shall be taken to correct or remove it. The property owner and the other persons having an interest in the property described in Subsection B(1) shall have the right to present evidence and to be heard at the hearing. If the Building Inspector's determination is not opposed, it may be adopted by the Board of Trustees without submission of additional evidence. After the close of the hearing, the Board of Trustees shall determine whether there is a public nuisance within the meaning of this section and, if so, shall affirm or modify the Building Inspector's order with respect to the removal or correction of the public nuisance. The Board may also direct that interim protective action be taken pending subsequent corrective measures. The Board's directions shall be reduced to writing, and a copy shall be served in the same manner as the Building Inspector's notice.
D. 
Removal. If the public nuisance is not removed or corrected within the time fixed by the Building Inspector or if such time is modified by the Board of Trustees, as directed by the Board of Trustees, the Village may remove or correct it and may enter upon the real property in question for that purpose.
E. 
Emergency situations. In the event that the Board of Trustees, on recommendation of the Building Inspector or a licensed professional engineer, determines that a public nuisance within the meaning of this section exists, that the situation poses an imminent danger of significant harm to persons or property and that the immediate removal or correction of such nuisance is vital to the health, safety and welfare of the community, it may take such steps as it deems necessary to eliminate the imminent danger without following any or all of the procedures set forth in Subsection C.
F. 
Costs incurred by the Village. The owner of the real property on which a public nuisance exists shall be liable to the Village for all costs and expenses incurred by the Village in connection with the proceedings to remove or correct the public nuisance, including the cost of actually removing or correcting the structure or condition constituting the public nuisance, and such liability shall be a charge against the land on which said public nuisance is located. The Board of Trustees shall assess such costs and expenses, and such assessment shall constitute a lien against such real property until paid or canceled as herein provided, which lien shall have the same priority as a Village tax. All such assessments shall be collected, at the option of the Board of Trustees, by sale in accordance with Article 14 of the Real Property Tax Law with the assessment treated for such purpose as an unpaid tax or civil action, as upon a contract.
G. 
Penalties. The owner of real property who fails to remove or correct a public nuisance as directed by the Building Inspector or the Board of Trustees shall be liable to the Village for a civil penalty in the amount of $250 for each day following the date by which the owner has been directed to effect such removal or correction. Said civil penalty shall be in addition to other remedies available to the Village under this section.

§ 148-13 (Reserved) [1]

[1]
Editor's Note: Former § 148-13, Sidewalk maintenance and repair, added 10-4-1999 by L.L. No. 2-1999, was repealed 6-28-2010 by L.L. No. 6-2010. See now Ch. 184, Art. V.

§ 148-14 Helmet safety.

[Added 11-6-2000 by L.L. No. 6-2000]
A. 
Purpose. The purpose of this section is to promote safety by establishing a local law requiring bicycle riders and passengers, skateboard users and rollerskaters to wear protective gear thereby reducing the possibility of injuries and fatalities.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BICYCLE
Any vehicle with two wheels in tandem, a steering handle, seat and pedals. This definition includes a bicycle equipped with temporary training wheels.
HELMET
Any protective equipment designed or intended to be worn on the head which complies with the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standards) or the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling. For purposes of this section, the term "wearing a helmet" shall mean having a helmet of good fit fastened securely to the head by the use of helmet straps.
ROLLER SKATES
A shoe with small wheels attached to it, including any form of in-line wheel configuration.
SKATEBOARD
A short, oblong board with wheels at each end. This definition shall include scooters, go-peds and other similar variations.
C. 
Prohibitions.
(1) 
No person operating a bicycle shall carry an infant under the age of one year as a passenger by any means whatsoever, including the use of a bicycle seat, body pack or by any other means.
(2) 
No persons operating a bicycle shall carry as a passenger any person between the ages of one year and five years unless such passenger is placed in a separate seat, securely attached to the bicycle and such seat is capable of retaining the passenger in place and protecting the passenger from the moving parts of the bicycle.
(3) 
No person shall operate a two-wheeled bicycle, or be carried as a passenger, unless such person is wearing a helmet meeting the standards of the American National Standards Institute (ANSI) or the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling.
(4) 
No person shall use a skateboard or any type of roller skates unless such person is wearing a helmet meeting the standards of the American National Standards Institute (ANSI) or the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling.
D. 
Penalties for offenses; waiver; contributory negligence.
(1) 
Any person who violates any of the provisions of this section shall, upon conviction, be guilty of a violation and liable for a civil fine not to exceed $250. In addition, any person who is a parent or guardian of a minor child, and whose minor child is found in violation of any of the provisions of this section, shall, upon conviction, be guilty of a violation and liable for a civil fine not to exceed $250.
(2) 
The court may waive any fine for a person who violates any provision of this section where the court is supplied with proof that, between the date of the violation and the appearance date for violation of this section, a person accused of a violation has purchased, rented or otherwise secured possession of a helmet.
(3) 
The court may, in its discretion, waive any fine for which a person who violates the provisions of this section would otherwise be liable if the court finds that due to reasons of economic hardship such person was unable to purchase a helmet or due to such economic hardship such person was unable to obtain a helmet from the statewide bicycle helmet distribution program as established in § 206 of the Public Health Law, or other local distribution program.
(4) 
The failure of any person to comply with the provisions of this section shall constitute contributory negligence or assumption of risk and shall not in any way bar, preclude or foreclose an action for personal injury or wrongful death by or on behalf of such person, nor in any way diminish or reduce the damages recoverable in any such action.
E. 
Home rule. Pursuant to New York Municipal Home Rule Law § 22, this section is intended to supersede any inconsistent provision of law.
F. 
When effective. This section shall take effect immediately.

§ 148-15 Motorized vehicle use on Village-owned property; penalty.

[Added 4-1-2002 by L.L. No. 2-2002]
A. 
Purpose. The purpose of this section is to:
(1) 
Promote the safety of pedestrians on Village property by prohibiting the use of motorized vehicles on such property thereby reducing the risk of injuries; and
(2) 
Preserve the grounds of Village-owned property.
B. 
Definition. As used in this section, the following terms shall have the meanings indicated:
MOTORIZED VEHICLE
Any vehicle, 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. The term "motorized vehicle" shall exclude fire and police vehicles, ambulances and authorized emergency and maintenance vehicles.
C. 
Prohibitions. No person operating a motorized vehicle shall operate or drive such vehicle on unpaved or undeveloped Village-owned property at any time.
D. 
Penalties for offenses. Any person who fails to comply with the provision of this section shall, upon conviction, be guilty of a violation and be liable for a civil fine not to exceed $250. In addition, any person who is a parent or guardian of a minor child, and whose minor child is found in violation of the provision of this section, shall, upon conviction, be guilty of a violation and liable for civil fine not to exceed $250.
E. 
When effective. This section shall take effect immediately.