[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Estates 10-6-1986 by L.L. No. 1-1986.
Amendments noted where applicable.]
It is hereby declared to be the policy of the
Village to prevent any noise of a type or volume, or both, as to be
intolerable to a reasonable person. The Board of Trustees of the Incorporated
Village of Roslyn Estates finds and declares that any noise, the type
and/or volume of which is intolerable to a reasonable person, is detrimental
to the public health, comfort, convenience, safety, peace and repose
of the residents of the Village. The restrictions and prohibitions
contained in this chapter are necessary and appropriate for the protection
of the environment of the Village and for the safety, health and well-being
of its residents.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
One tenth of a bel, and is a unit of a level when the base
of a logarithm is the 10th root of 10, and the quantities concerned
are proportional to power.
Any device powered by a gasoline, diesel or similar fuel
engine which is used, designed or operated to produce a current of
air for the purpose of pushing, propelling or blowing leaves, dirt,
gardening and grass clippings and cuttings, refuse or debris; provided,
however, that the term "leaf blower" is not intended and shall not
be deemed to include snow-blowing equipment to the extent the same
was designed for and is being used for the purpose of pushing, propelling
or blowing snow.
[Added 3-2-1998 by L.L. No. 1-1998]
Includes any individual, firm or association or corporation,
whether the person be the owner, lessee or charterer, its servants,
agents or employees.
Any radio device, or any device or apparatus for the amplification
of sounds from any radio, phonograph or other sound-making or sound-producing
devices or any devices or apparatus for the reproduction or amplification
of the human voice or other sounds.
To use or operate or cause to be used or operated any sound
device or apparatus in front of or outside of any building, place
or premises or in or through any window, doorway or opening of such
building, place or premises, abutting on or adjacent to any public
street, park or place, or in or upon any vehicle operated, standing
or being in or upon any public street, park or place, where the sounds
therefrom may be heard upon any public street, park or place or from
any stand, platform or other device used for flying, flying over the
Village or anywhere in the public street, park or places.
That which is not required by the usual circumstances and
which would be intolerable to a reasonable person.
The normal noise range for a particular type of vehicle mechanism.
It shall be unlawful for any person to make
or cause to be made any noise of a type or volume, or both, so as
to be intolerable to a reasonable person. It shall be unlawful for
any owner, lessee or occupant of land to permit any person on the
premises to make any noise or cause to make any noise which is of
a type or volume, or both, so as to be intolerable to a reasonable
person. The following acts are declared to be unreasonable noises
in violation of this chapter, but any enumeration herein shall not
be deemed to be exclusive:
A.
The operation of any radio, tape recorder, tape player,
television receiver, phonograph or use of any material instrument
in such manner or with such volume, particularly between 11:00 p.m.
and 8:00 a.m., so as to be intolerable to a reasonable person.
B.
The keeping or maintaining of any animal or animals,
whether in business or in residential zones, which make or cause frequent
or long-continued noise, or both, so as to be intolerable to a reasonable
person.
C.
The use of any automobile, motorcycle or vehicle so
out of repair or so loaded or operated as to create noise which is
intolerably loud and unnecessary to a reasonable person.
D.
The use of any drum, loud speakers or other instruments
or devices for the purpose of attracting attention to any sales or
displays of merchandise by the creation of noise at any time of day
or night.
E.
The sounding of any horn, siren, signal or other noise-making
device on any automobile, motorcycle, bus or other vehicles except
as a warning signal, or repeating such sounding for any period of
time longer than necessary for the purpose of giving warning; provided,
however, that this subsection shall not apply to police cars, fire
engines, ambulances or emergency vehicles.
F.
The use of any loud speaker or amplifier at a volume
which would be intolerable to a reasonable person; or the use of any
radio apparatus, phonograph, tape recorder, tape player, talking machine,
loud speaker or amplifier which is in any way fastened to or connected
with any outside wall or window in any building or structure so that
the sound therefrom is projected beyond the property line of the property
upon which the building or structure is located. Nothing herein contained
shall be construed to prevent the operation of a radio apparatus,
phonograph, tape recorder, tape player or talking machine used in
a reasonable manner by any person within any building or structure,
provided that said radio apparatus, phonograph, tape recorder, tape
player, talking machine or loud speaker is not so arranged so that
the sound therefrom is projected beyond the property line of the property
upon which it is located.
G.
The operation of any machinery, equipment, pump, fan,
exhaust fan, attic fan, air-conditioning apparatus or similar mechanical
device in such a manner as to create any noise exceeding 60 decibels
at the adjoining property line.
A.
The operation within the Village of any lawnmower,
leaf blower, power washer or other gasoline, diesel, natural gas,
solar, battery, electric or other similar power-operated gardening
or home maintenance equipment shall be prohibited at all times except
between 8:00 a.m. and 8:00 p.m. on weekdays, excluding holidays, and
except between 9:30 a.m. and 1:30 p.m. on Saturdays, Sundays, and
holidays.
[Amended 3-2-1998 by L.L. No. 1-1998; 11-2-2009 by L.L. No.
2-2009; 4-12-2010 by L.L. No. 3-2010; 10-19-2015 by L.L. No. 3-2015; 2-13-2017 by L.L. No. 1-2017]
B.
Discharge into the open air of the exhaust of any
steam engine, stationary internal combustion engine, motor vehicle
engine, lawn mower, leaf blower, chain saw or other landscaping equipment
without a muffler or other device properly maintained to reduce noise
to a minimum is prohibited.
C.
All "work," as defined below in Subsection D, relating to any building or other structure on any property within the Village is prohibited at all times except between 8:00 a.m. and 6:00 p.m. on weekdays, excluding holidays, except when authorized by the Building Inspector, the Mayor, or a Trustee of the Village in cases of an emergency arising out of an accident or other unforeseen occurrence or condition whereby circumstances affecting the life, health, safety or property of residents or others within the Village requires immediate action which cannot, in the discretion of the Building Inspector, the Mayor, or a Trustee of the Village, await the continuation of the work at 8:00 a.m. on the next weekday that is not a holiday. Any equipment that is not in good working condition or is not equipped with a muffler or mufflers properly maintained to reduce noise to a reasonable minimum is prohibited.
[Amended 11-6-2006 by L.L. No. 9-2006; 10-6-2008 by L.L. No. 6-2008; 4-12-2010 by L.L. No.
3-2010; 10-19-2015 by L.L. No. 3-2015]
D.
Definition of "work."
[Added 10-19-2015 by L.L.
No. 3-2015]
(1)
For purposes of this section, except as expressly provided to the contrary in this subsection and in Subsection E below, "work" shall be deemed to include, without limitation: construction, excavation, demolition, alteration or repair of any building or structure, or of any portion of any building or structure; delivery or transport of any machinery, materials, equipment, tools, ladders, vehicles, appliances, furniture and other personal property to or from any premises within the Village for use, or intended to be used, in connection with any work for which a building permit is required under Chapter 69, Fire Prevention and Building Construction, of the Code; the loading or unloading from or upon any truck or other vehicle of any machinery, materials, equipment, tools, ladders, vehicles, appliances, furniture and other personal property for use, or intended to be used, in connection with any work for which a building permit is required under Chapter 69, Fire Prevention and Building Construction, of the Code; the use of any machinery, materials, equipment, tool, ladder, pump, fan or other mechanical device which emits or causes to be emitted any sound or noise in any activity described in this definition; and all other, similar work-related activity of any kind or nature.
(2)
Notwithstanding the foregoing, work that occurs entirely within the interior of any building or structure, and which does not involve the use of equipment powered by gasoline, diesel, natural gas, solar, battery, electric or other similar power sources, and which does not violate Subsection G of § 106-3 of this chapter, shall not be prohibited by this section.
E.
Nothing in this section is intended or shall be deemed to prohibit
the use or operation within the Village of:
[Added 10-19-2015 by L.L.
No. 3-2015]
(2)
Any equipment necessary or appropriate to, and customarily used with
respect to, the delivery of fuel to any premises within the Village,
to be consumed in or on such premises for purposes consistent with
the use for which such premises are lawfully used; or
(3)
Any equipment necessary for medical and health purposes of any resident
or other person lawfully in or upon any premises in the Village; or
(4)
Any snowblower or similar equipment; or
(5)
Any equipment necessary or appropriate to, and customarily used with
respect to, the conducting or holding of parties, events or celebrations
of a nature consistent with the use for which such premises are lawfully
used, including, without limitation, cooking, catering, entertainment,
video and audio recording.
[Added 3-2-1998 by L.L. No. 1-1998]
Each owner and tenant of any commercial or residential
property within the Village shall be deemed guilty of a violation
of this chapter with respect to each violation of any provision of
this chapter that occurs within or upon such owner's or tenant's property
within the Village. This section is intended and shall be construed
to impose strict liability on owners and tenants for any violations
of this chapter that occur on their property within the Village. It
shall be an affirmative defense in any prosecution of a violation
of this section that the person whose act is the basis of such violation,
if other than the defendant, was not an agent, employee, independent
contractor, subcontractor, tenant, guest or family member of the defendant,
and was not otherwise acting with the defendant's consent or permission.
It is hereby declared that the use or operation
of any radio device or apparatus or any device or apparatus for the
amplification of sounds from any radio, phonograph or other sound-making
or sound-producing device or any device or apparatus for the reproduction
or amplification of the human voice or other sounds in front of or
outside of any building, place or premises or in or through any window,
doorway or opening of such building, place or premises, abutting on
or adjacent to any public street, park or place or in or by any vehicle
operated, standing or being in any public street, park or place or
from any stand, platform or other structure, or from any airplane
or other device used for flying, flying over the Village or any way
on or in the public streets, parks or places for commercial or business
advertising purposes is detrimental to the health, welfare and safety
of the inhabitants of the Village, in that such use or operation diverts
the attention of pedestrians and vehicle operators in the public streets,
parks and places, thus increasing traffic hazards and causing injury
to life and limb. It is hereby further declared that such use or operation
disturbs the public peace and comfort and the peaceful enjoyment by
the people of their right to use the public streets, parks and places
for streets, parks and other public purposes and disturbs the peace,
quiet and comfort of the neighboring inhabitants. Therefore, it is
hereby declared that the prohibition of such use or operation for
commercial or business advertising purposes is essential to protect
and to secure the health, welfare, safety, comfort and peaceful enjoyment
by the inhabitants of this Village to their right to use the public
streets, parks and places for street, parks and other public purposes
and to secure the peace, quiet, enjoyment and comfort of the Village
inhabitants.
A.
It shall be unlawful for any person to use or operate
or cause to be used or operated any sound devices or apparatus in,
on, near or adjacent to any public street, park or place for commercial
or business purposes.
B.
It shall be unlawful for any person to operate or
drive, or to employ, procure or induce another to operate, drive,
lend, lease or donate, any automobile, truck or type of vehicle or
to operate or aviate or procure or induce another to operate, aviate,
lend, lease or donate any airplane or other type of flying device
for commercial or business advertising by means of any sound devices
or apparatus in violation of this chapter.
C.
The use of the name of any person or any proprietors,
vendors or exhibitors or the use of any trade, business or corporate
name in connection with such commercial or business advertising shall
be presumptive evidence that such advertising was conducted by reason
of employment, procurement or induction on the part of said person,
proprietors, vendors, exhibitors or the person or persons represented
by said trade, business or corporation name.
A.
The Board of Trustees may commence actions to enjoin
violations of this chapter.
B.
Any person violating the provisions of this chapter
or any part thereof, for each and every violation and for each and
every day that such violation continues, shall be subject to a fine
of no more than $1,000 or imprisonment for not more than 15 days,
or both such fine and imprisonment.
[Amended 11-1-1999 by L.L. No. 2-1999; 11-6-2006 by L.L. No.
9-2006]
