It shall be a violation of this chapter for any person, firm or corporation to make, or continue or cause or allow to be made or continued unreasonable noise within the City of Glen Cove. For the purpose of this chapter, unreasonable noise is any noise of a type or volume that a reasonable person of normal sensitivities would not tolerate at the time, place or under the circumstances that the noise is made. In addition to the definition contained in this section, any noise enumerated in §
196-4 is hereby declared to constitute unreasonable noise and be in violation of this chapter.
The following acts, omissions and/or noises
are declared to be unreasonable noises in violation of this chapter.
A. Radios, phonographs, television sets. The using, operating
or permitting to be played, used or operated of any television or
radio receiving set, musical instrument, phonograph or other machine
or device for producing or reproducing of sound in such manner as
to disturb the peace, quiet and comfort of neighboring inhabitants
or of the person or persons who are in the room, vehicle, chamber
or area in which such machine or device is operated and who are voluntary
listeners thereto. The operation of any such instrument, phonograph,
machine or device between the hours of 10:00 p.m. and 7:00 a.m. on
Monday, Tuesday, Wednesday, Thursday and Friday and 11:00 p.m. and
9:00 a.m. on Saturday, Sunday and holidays in such a manner as to
be plainly audible at a distance of 50 feet from the building, structure,
vehicle or area in which it is located shall be prima facie evidence
of a violation of this section.
B. Horns and signaling devices. The sounding of any horn
or signaling device on any automobile, motorcycle, streetcar or other
vehicle on any street or public place except as a danger warning;
the creation by means of any such signaling device of any unreasonable
loud or harsh sound. The sounding of any such device for an unnecessary
and unreasonable period of time; the use of any signaling device except
the one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust and the use of any such
signaling device when traffic is for any reason held up.
C. Yelling and shouting. Yelling, shouting, hooting,
whistling or singing on any public streets, sidewalks, business premises
open to the public, office or any public property, when intentionally
done to create or recklessly creating a risk of public annoyance,
alarm or inconvenience.
D. Animals and birds. The keeping of any one or more
animals or birds whose noise, by virtue of loudness, duration, frequency
or intensity, causes public inconvenience, annoyance or alarm; or
creates noise which a reasonable person of normal sensitivities would
not tolerate at the time, place and under the circumstances that the
noise is made.
(1) Any animal or bird noise occurring between 10:00 p.m.
and 7:00 a.m. and plainly audible at a distance 50 feet from the place
of origination of the noise shall be prima facie evidence of a violation
of this chapter.
(2) Any animal or bird noise occurring for any continuous
period of five minutes or more, or an aggregate of 15 minutes or more
in any eight-hour period, when such noise is plainly audible inside
any portion of a dwelling, residence, office or apartment other than
the place where the noise originated, shall be prima facie evidence
of a violation of this chapter.
E. Whistles. The blowing of any locomotive, steam whistle
or steam whistle attached to any stationary boiler except to give
notice to the time to begin or stop work or as a warning of fire or
danger upon request of city authorities.
F. Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal-combustion engine, motorboat
or motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
G. Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle out of repair, so loaded or in such a manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
H. Pile drivers, hammers and heavy construction equipment.
The operation between the hours of 6:00 p.m. and 7:00 a.m. on weekdays
and all day Saturday, Sunday and holidays of any pile drivers, steam
shovels, pneumatic hammer, derrick, hoist or any heavy construction
equipment, the use of which is attended by loud or unusual noise,
is prohibited except in the case of an emergency and then only with
a permit for three days from the Building Department Administrator,
which permit may be renewed for a period of three days or less while
the emergency continues.
[Amended 7-23-2003]
I. Loading and unloading. The creation of loud and excessive
noise in connection with the loading or unloading of any vehicle,
boat, barge or train, or the opening and destruction of bales, boxes,
crates and containers.
J. Hawkers, peddlers. The shouting or crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
K. Drums. The use of any drum or device for the purpose
of attracting attention by creation of noise to any performance, show
or sale.
L. Transportation of metal rails, pillars and columns
of iron, steel, other material over and along streets and other public
places upon carts, drays, cars, trucks or any other manner, so loaded
as to cause loud noises or as to disturb the peace and quiet of such
streets and other public places.
M. Leaf blowers, mowers, saws, grinders, sharpeners,
etc. The operation of any noise-creating leaf blower, power fan, chain
saw, grinder, sharpener or any internal-combustion engine apparatus,
the operation of which causes noise due to the explosion of operating
gases or fluids, unless the noise from such a fan is muffled and such
engine is equipped with a muffler device sufficient to deaden the
noise. Operation of these devices is confined to the hours of 8:00
a.m. and 7:00 p.m. Monday, Tuesday, Wednesday, Thursday and Friday
and 9:00 a.m. to 7:00 p.m. on Saturday, Sunday and holidays.
N. The creation of any excess 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 institutions, provided that conspicuous signs
are displayed in such streets indicating that the same is a school,
hospital or court street.
O. Construction, alterations or demolition of buildings.
Any erection, excavation, alterations or demolition of any building
which is attended by loud and unusual noise is prohibited between
the hours of 6:00 p.m. and 7:00 a.m. on weekdays, Saturdays and all
day Sundays and holidays except in the case of an urgent necessity
in the interest of public safety, and then only with a permit for
three days from the Building Department Administrator, which permit
may be renewed for a period of three days or less while the emergency
continues.
[Amended 7-23-2003]
P. Noise in conduct of business. The creation of any
noise in the operation, conduct and/or maintenance of any business,
factory, plant, yard or manufacturing establishment, including speakers
or loudspeaker systems in such a manner as to disturb the peace, quiet
and comfort of neighboring inhabitants or individuals in the vicinity.
Q. Loudspeakers. The operation of any loudspeakers or
speaker system or any device for the production or reproduction of
sound in a manner that creates public annoyance, alarm or inconvenience,
of which a reasonable person of normal sensitivities would not tolerate
at the time, place and under the circumstances that the noise is made.