[HISTORY: Adopted by the Board of Trustees
of the Village of Irvington 2-29-1916. Amendments noted where applicable.]
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.
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.
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.
[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]
(10)
Gas-powered
leaf blowers and sprayers.
[Added 7-17-2017 by L.L.
No. 6-2017[3]; amended 11-2-2020 by L.L. No. 8-2020; 6-5-2023 by L.L. No. 2-2023]
(a)
Effective December 16, 2023, using or operating, or permitting to
be used or operated, any gas-powered leaf blower or sprayer at any
time.
(b)
Until December 16, 2023, gas-powered leaf blowers and sprayers may
be used, but only in the following situations:
[1]
During the spring and fall cleanup periods, i.e., March 15 through
May 15 and October 1 through December 15, and then only during the
following time periods: Monday through Friday, between 8:00 a.m. and
5:00 p.m.; and Saturday, between 10:00 a.m. and 4:00 p.m.
[2]
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.
[3]
When responding to an emergency.
[4]
When removing snow.
(c)
Until December 16, 2023, no gas-powered leaf blower or sprayer may
be used unless it meets the current Environmental Protection Agency
(EPA) exhaust standards, and it is operated and maintained in accordance
with manufacturer’s instructions and specifications.
(d)
Responsible parties. The following parties shall have committed a violation of § 148-4B(10) if any of its provisions is not complied with:
(e)
Penalties. Any person found guilty of violating § 148-4B(10) shall be subject to a penalty of $250 for the first offense and $500 for any subsequent offense.
[3]
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.
[Amended 11-3-1986; 7-17-2017 by L.L. No. 6-2017[4]; 11-2-2020 by L.L. No. 8-2020; 6-5-2023 by L.L. No. 2-2023]
[4]
Editor's Note: This local law provided that it would take
effect 8-1-2017.
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.
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.
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.
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.
[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.
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.
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.
[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.
[Added 10-4-2021 by L.L. No. 6-2021]
A.
PUBLIC
SMOKING
VAPING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Owned and/or controlled by the Village of Irvington.
The burning of a lighted cigar, cigarette, pipe, or other
item that contains tobacco, cannabis (as defined in N.Y. Penal Law
§ 222), or cannabinoid hemp (as defined in Section 3 of
the Cannabis Law).
The use of a smoking device that creates an aerosol or vapor.
B.
Prohibition. No person shall engage in smoking or vaping in or on
the premises of any public building, playground or park in the Village.
C.
Any violations of this section shall be subject to a fine not exceeding
$250.
[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.
BICYCLE
HELMET
ROLLER SKATES
SKATEBOARD
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any vehicle with two wheels in tandem, a steering handle,
seat and pedals. This definition includes a bicycle equipped with
temporary training wheels.
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.
A shoe with small wheels attached to it, including any form
of in-line wheel configuration.
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.
[Added 4-1-2002 by L.L. No. 2-2002]
B.
MOTORIZED VEHICLE
Definition. As used in this section, the following
terms shall have the meanings indicated:
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.
[Added 1-23-2020 by L.L.
No. 4-2020]
A.
Any outdoor lighting that results in light trespass or glare, as
defined below, shall be a nuisance. Any property owner who permits,
suffers or allows light trespass or glare to emanate from his/her/its
property shall be deemed to be in violation of this chapter.
B.
Light trespass shall be considered a nuisance when:
(1)
Illuminance at or beyond a property line abutting a residential parcel
or right-of-way exceeds 0.1 footcandle as measurable from any orientation
of the measuring device, except at the entrance to a driveway or walkway;
or
(2)
Illuminance at or beyond a property line abutting a nonresidential
property exceeds 0.3 footcandle as measurable from any orientation
of the measuring device, except at the entrance to a driveway or walkway;
or
(3)
At the entrance to a driveway or walkway, the illuminance is greater
than is needed for safety.
C.
Glare shall be considered a nuisance when the light emanating from
a light source is seen from a neighboring property or roadway at sufficient
intensity to cause discomfort, annoyance, or impaired visibility.
D.
Abatement of nuisance lighting. If the Village determines nuisance
lighting to exist on a property, that lighting shall be modified as
follows:
(1)
To the extent that the abatement of nuisance lighting will require
re-aiming a fixture or re-lamping to reduce lumen output, such lighting
shall be re-aimed and/or re-lamped so that the glare and/or light
trespass is eliminated.
(2)
To the extent that the abatement of nuisance lighting will require
removing, replacing, shielding, retrofitting or relocating a fixture,
such lighting shall be removed, replaced, shielded, retrofitted or
relocated so that the glare and/or light trespass is eliminated.
E.
Violations; penalty. Any complaints of nuisance lighting shall be handled as provided in § 95-9 of this Code. If the glare and/or light trespass is not corrected within the time period set by the Code Enforcement Officer, the property owner shall be subject to a penalty of $50 a day for each and every day that the nuisance continues. Each and every day that any such violation continues shall constitute a separate offense.
