[HISTORY: Adopted by the Board of Trustees
of the Village of Mill Neck as amended in its entirety 10-10-2006 by L.L. No.
1-2006.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noise from animals — See Ch. 39.
Exhibitions, fairs and meetings — See Ch. 47.
Fireworks and explosives — See Ch. 58.
Peace and good order — See Ch. 90.
Peddling and soliciting — See Ch. 93.
Vehicles and traffic — See Ch. 122.
[1]
Editor's Note: This local law amended former
Ch. 85, Noise, which was adopted as follows: Art. I, Mufflers for
Engines, 8-6-1954 by Ord. No. 2; Art. II, Disturbing Noises, 10-18-1967
by Ord. No. 27; and Art. III, Penalties, 10-6-1992 by L.L. No. 9-1992.
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:
Any commercial gardener, landscaper, tree surgeon or other
individual involved in lawn or ground maintenance business.
Any tractor, bulldozer, backhoe, earth-moving machine, cement
mixer, crane or other similar construction machinery.
Any powered leaf blower, mower, chain saw, grinder, trimmer
or other internal combustion engine apparatus or landscaping equipment
used for lawn or ground maintenance.
Any radio or television set, musical instrument, phonograph,
loudspeaker, sound amplifier, or other machine or device for the producing
or reproducing of sound.
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.
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.
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.
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.
No person shall make or cause to be made or continued,
nor shall any owner, lessee or occupant of any land in the Village
permit to be made or continued on his premises, any unreasonable noise
within the Village.
B.
The following acts are expressly declared to be unreasonable
noise in violation of this chapter:
(1)
Horn and signaling device. The sounding of any horn
or signaling device on any boat, motor vehicle or recreational vehicle,
except as a danger or warning signal.
(2)
Loudspeaker for advertising or broadcasting. The playing,
using, operating or permitting to be played, used or operated of any
loud speaker on the public street, public waterway or other public
places for the purpose of advertising or broadcasting which is heard
on private property.
(3)
Unnecessary amplification. The playing, using, operating
or permitting to be played, used or operated of any loud speaker at
a volume level sufficient to interfere with the reasonable and normal
activities of any person occupying property beyond the property boundary
line of the property from which the sound is produced or reproduced.
(4)
Exhaust. The discharge of an exhaust of any internal
combustion engine, without a muffler or other device which will effectively
prevent unreasonable noise emanating therefrom.
(5)
Noise-making device. The using, operating, discharging,
installing or causing to be used, operated, discharged or installed
of any noise-making device.
(6)
Construction and operation of construction machinery.
The construction, excavation, demolition, alteration or repairs to
any building (except interior alterations or repairs to a building
which is entirely enclosed) and the operation of construction machinery
at any time on Saturday, Sunday, and New York State legal holidays,
and for all other days between the hours of 6:00 p.m. and 8:00 a.m.
of the following morning, except pursuant to a permit issued by the
Building Inspector or the Mayor in an emergency situation. Nothing
herein shall be construed to prohibit minor alteration to a building
which is entirely enclosed. The operation of a generator for emergency
purposes shall not be prohibited under any provision of this chapter.
(7)
Operation of landscaping equipment. The use of any
landscaping equipment by any persons at any time on Sunday and New
York State legal holidays, Saturdays from 5:00 p.m. to 8:00 a.m. the
next morning, and for all other days between the hours of 6:00 p.m.
and 8:00 a.m. of the following morning, except that an owner occupying
the residential premises may use such equipment on Sundays and New
York State legal holidays between the hours of 10:00 a.m. and 3:00
p.m.
(8)
Alarms. A burglar alarm or other alarm system of any
building, motor vehicle, recreational vehicle, or boat which is continuous
and exceeds 10 minutes in duration.
(9)
Tires. The intentional use and operation of a motor
vehicle or recreational vehicle in such a manner as to cause excessive
squealing or other excessive noise of the tires.
(10)
Recreational vehicles.
(a)
The continuous use or operation of any recreational
vehicle on private or public property for a period exceeding 30 minutes.
(b)
The use and operation of any recreational vehicle
on private or public property at any time on Sunday and New York State
legal holidays, and for all other days between the hours of 6:00 p.m.
and 8:00 a.m. the following morning.
A.
The provisions of this chapter shall not apply to
the emission of sound for the purposes of alerting persons to the
existence of an emergency nor to the emission of sound in the performance
of emergency work.
B.
The provisions of this chapter shall not apply to
the emission of sounds created in conjunction with the performance
of valid municipal functions by the Village or private entities.
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.
