It is hereby declared to be the policy of the
Village of Mill Neck 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.
As used in this chapter, the following terms
shall have the meanings indicated:
COMMERCIAL LANDSCAPER
Any commercial gardener, landscaper, tree surgeon or other
individual involved in lawn or ground maintenance business.
CONSTRUCTION MACHINERY
Any tractor, bulldozer, backhoe, earth-moving machine, cement
mixer, crane or other similar construction machinery.
LANDSCAPING EQUIPMENT
Any powered leaf blower, mower, chain saw, grinder, trimmer
or other internal combustion engine apparatus or landscaping equipment
used for lawn or ground maintenance.
LOUDSPEAKER
Any radio or television set, musical instrument, phonograph,
loudspeaker, sound amplifier, or other machine or device for the producing
or reproducing of sound.
MOTOR VEHICLE
Any vehicle capable of being operated or driven upon a public
highway which is propelled by any power other than muscular power,
except (a) electrically driven mobility assistance devices operated
or driven by a person with a disability, (b) fire and police vehicles,
(c) ambulance and other emergency vehicles. Motor vehicles shall exclude
farm-type tractor and vehicles used exclusively for agricultural purposes,
or ground maintenance, other than for hire.
NOISE-MAKING DEVICE
Any device of any design or manufacture that is designed
to create unreasonable noise or designed for the purpose of scaring,
frightening or disturbing a domestic animal or wildlife.
RECREATIONAL VEHICLE
Any self-propelled vehicle which is primarily for off-highway
operation or competitions and only incidentally operated on a public
highway such as, but not limited to, a go-cart, all-terrain vehicle,
unlicensed motorcycle, motor bike or snowmobile.
UNREASONABLE NOISE
Any loud, unnecessary, unusual or annoying, intermittent
or prolonged noise which annoys, destroys, injures or endangers the
comfort, repose, health, peace or safety of a reasonable person of
normal sensitivity. Factors to be considered in determining whether
a sound is an unreasonable noise may include, but are not limited
to, the following:
A.
The volume, intensity and nature of the noise.
B.
The volume and intensity of the background noise,
if any.
C.
The time of day and duration of the noise.
The Board of Trustees, upon prior application,
may, for good cause shown, grant a waiver of any of the provisions
of this chapter.
Any person committing an offense against any
provision of this chapter shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.