It is found and declared that:
A. The making, creating or maintaining of noises which
are loud, intermittent, prolonged, unusual or unnatural in their time,
place or use adversely affects and is detrimental to public health,
comfort, convenience, safety and welfare and constitutes a disturbance
to the peace and repose of the residents of the Village.
B. The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is declared a matter
of legislative determination and public policy, and it is further
declared that the provisions and prohibitions hereinafter contained
and enacted are in pursuance of and for the purpose of securing and
promoting the public health, comfort, safety, welfare, peace and quiet
of the Village and its inhabitants.
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/her premises any loud, unnecessary, unusual or annoying, intermittent or prolonged noise or any noise which either annoys or destroys, injures or endangers the comfort, repose, health, peace or safety of others within the Village, except as permitted in Chapter
114, relating to the regulation of firearms. Any such noise which is audible at a point 30 feet beyond the property line of the premises or street where it is being created shall be presumptive evidence of a violation of this chapter.
The following acts, without limiting the provisions of §
141-2, are expressly declared to be noises in violation of this chapter if audible at a point 30 feet beyond the property line of the premises or street where such noise is being created:
A. Horns and signaling devices. The sounding of any horns
or signaling devices, except as a danger signal or warning signal;
the creation, by means of any such signaling device, of any unreasonable
or harsh sound; and the sounding of any such device for an unnecessary
or intermittent or unreasonable length of time.
B. Loudspeakers; amplifiers for advertising or broadcasting.
The using, operating or permitting to be played, used or operated
of any radio or television set, musical instrument, phonograph, loudspeaker,
sound amplifier or other machine or device for the producing or reproducing
of sound which is cast upon private property from the public streets
or other public places for the purpose of advertising or broadcasting.
C. Unnecessary amplification. The using, operating or
permitting to be used or operated of any radio, television set, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing
or reproducing of sound.
D. Animals. The keeping of any animals which, by causing
frequent or long continued noise, shall disturb the comfort or repose
of any person or persons in the vicinity.
E. Exhausts.
(1) The discharge into the open air of the exhaust of
any internal combustion engine, except through a muffler or other
device which will effectively prevent loud or explosive noises emanating
therefrom. Nothing herein shall be constructed to prohibit the use
of small power tools and machinery for the maintenance of a person's
property, provided that said tools or machinery are in proper operating
condition and used during reasonable hours of the day so as not to
disturb adjacent property owners.
(2) The prolonged or unnecessary operation of motorcycles,
trail bikes, minibikes, go-carts and the like which create loud and
annoying noise on private property or streets.
F. Noise-making devices. The installing, using, operating,
discharging or causing the installation, use, operation or discharge
of any noise-making device of any design or manufacture which, in
its use or if used, will disturb or tend to disturb the peace, comfort,
repose, health or safety of another or scare, frighten or disturb
a domestic animal of another or wildlife.
G. Construction and operation of machinery. The construction,
demolition, alteration or repair of any building (except interior
alterations or repairs to a building which is entirely enclosed) and
the operation of large tractors, earthmoving machines, cement mixers,
cranes and other similar construction machinery on Sundays, legal
holidays and between the hours of 8:00 p.m. and 8:00 a.m. prevailing
time on Mondays through Saturdays, inclusive, except in cases of urgent
emergency in the interest of health and safety and then only when
a permit is issued by the Building Inspector for the period of such
emergency.
H. Landscaping, tree services and property maintenance.
[Added 5-17-2021 by L.L.
No. 1-2021]
(1) Landscaping, which includes all lawn and ground maintenance activities,
including but not limited to leaf blowers, performed by a paid contractor
("landscaper") or property owner, shall only be performed in the Village
on the following days and times, excluding federal and New York State
holidays:
(a)
Permitted hours of operation for landscaping:
[1]
Property owner:
[a] 8:00 a.m. to 6:00 p.m. on Monday through Friday.
[b] 9:00 a.m. to 5:00 p.m. on Saturday.
[c] 10:00 a.m. to 3:00 p.m. on Sunday.
[2]
Landscaper:
[a] 8:00 a.m. to 6:00 p.m., Monday through Friday.
[b] 9:00 a.m. to 5:00 p.m. on Saturday.
(2) Tree services, which includes tree removal, pruning, trimming and
stump grinding, shall only be performed in the Village by a licensed
tree service contractor or property owner on the following days and
times, excluding federal and New York State holidays:
[Amended 10-17-2023 by L.L. No. 6-2023]
(a)
Permitted hours of operation for tree services:
[1]
Property owner:
[a] 8:00 a.m. to 6:00 p.m. on Monday through Friday.
[b] 9:00 a.m. to 3:00 p.m. on Saturday.
[2]
Tree service contractor:
[a] 8:00 a.m. to 6:00 p.m., Monday through Friday.
[b] 9:00 a.m. to 3:00 p.m. on Saturday.