Village of Roslyn Harbor, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn Harbor 1-21-1970 by Ord. Nos. 1, 2, 3, and 4. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 92.
Nuisances — See Ch. 165.
No person shall, within the Village, and with intent to cause public inconvenience, annoyance or clamor, or recklessly creating a risk thereof:
A. 
Engage in fighting or in violent, tumultuous or threatening behavior;
B. 
Make unreasonable noise;
C. 
In a public place, as defined in § 240.00 of the Penal Law, use abusive or obscene language, or make an obscene gesture;
D. 
Without lawful authority, disturb any lawful assembly or meeting of persons;
E. 
Obstruct vehicular or pedestrian traffic;
F. 
Congregate with other persons in a public place and refuse to comply with a lawful order of the police to disperse; or
G. 
Create a hazardous or physically offensive condition by any act which serves no legitimate purpose.
A. 
No unauthorized person shall enter upon any premises, lot, piece of land or building within the boundaries of the Village.
B. 
No person who, with the authority from the owner, has entered upon any premises, lot, piece of land or building within the boundaries of the Village shall remain there after being personally notified to leave by the owner thereof or other authorized person.
No person shall, in the Village, having no right to do so, nor any reasonable ground to believe that he has such right to:
A. 
Intentionally damage property of another person or of the Village; or
B. 
Recklessly damage property of another person or of the Village, in an amount exceeding $250.
No person other than a property owner or lessee on his own property, or one of his guests or employees acting with his permission in writing, such permit to be dated within one year, shall have or carry any shotgun or rifle in the open air or discharge any firearm within the Village except:
A. 
A police officer acting in discharge of his duties; or
B. 
When reasonably necessary for the protection of life or property.
[Added 11-20-1986 by L.L. No. 3-1986]
A. 
Legislative findings. The Board of Trustees of the Incorporated Village of Roslyn Harbor finds and declares that:
(1) 
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.
(2) 
The restrictions and prohibitions contained in this section are necessary and appropriate for the protection of the environment of the Village and for the safety, health and well-being of its residents.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MOTOR VEHICLE
Includes:
(1) 
Every vehicle (including farm equipment) capable of being operated or driven upon a public highway other than by muscular power alone.
(2) 
A snowmobile.
(3) 
An off-highway motor vehicle.
(4) 
Any other power vehicle or device.
VILLAGE
The Incorporated Village of Roslyn Harbor and all territory within its boundaries.
C. 
Prohibition of unreasonable noise.
(1) 
It shall be unlawful for any person to make or cause to be made any noise of a type, volume, or both, so as to be intolerable to a reasonable person.
(2) 
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 be made any noise which is of a type, volume, or both, so as to be intolerable to a reasonable person.
D. 
Restrictions on sounding of warning devices.
(1) 
No person shall sound any horn, siren, or other noisemaking signal except to signal danger, nor shall he or she repeat such sounding for any longer than necessary for the purpose of giving warning.
(2) 
The provisions of Subsection D(1) of this section do not apply to police cars, fire engines, ambulances or emergency vehicles.
E. 
Restrictions on sound amplification and broadcast receiving equipment.
(1) 
No person shall use sound amplifiers or loudspeakers at a volume which would be intolerable to a reasonable person.
(2) 
No loudspeakers, sound amplifiers, radios, tape players or other devices which project sound shall be located on the premises if the sound is projected beyond the property line.
F. 
Restrictions on noisy animals. No person shall keep any animal in the Village which makes noise so loud or continuous or both that the noise is intolerable to a reasonable person.[1]
[1]
Editor's Note: See also Ch. 92, Animals.
G. 
Requirement of properly maintained mufflers. No person shall operate a motor vehicle, lawn mower, leaf blower, chain saw or other landscaping equipment or any internal combustion engine without a muffler properly maintained to reduce noise to the absolute minimum.
H. 
Restrictions on construction.
(1) 
No person shall use or operate any tractor, earthmoving machine, crane, machinery, or any equipment for soil excavation, maintenance, construction, demolition, alteration or repair work or any other construction work except between the hours of 8:00 a.m. and 5:00 p.m. on Mondays through Fridays. No work shall be permitted on a federal holiday.
[Amended 2-13-2013 by L.L. No. 1-2013]
(2) 
Any such equipment so used shall be in good working condition and shall be equipped with a muffler properly maintained to reduce noise to the absolute minimum.
(3) 
The provisions of Subsection H(1) of this section do not apply to interior alteration and repair work done only within an entirely enclosed building.
(4) 
In the event of an emergency, the Superintendent of Public Works or the Mayor, or a designated representative of either, may grant an exception from the provisions of Subsection H(1) of this section. The permit should be written but may be oral if the emergency is too urgent to permit time to be taken for preparation of a written permit. If the permit is oral, the Superintendent of Public Works or the Mayor must make a written copy of the permit as soon as he practically can and deliver copies to the permittee and the Village Clerk. The Superintendent of Public Works or the Mayor shall file a copy of every written permit issued under this subsection with the Village Clerk and deliver a copy to the permittee. Every permit issued under this subsection shall have a duration no longer than the emergency impelling its issuance.
I. 
Restriction on use of landscaping equipment. Landscaping functions may only be performed by landscapers and/or property owners during the hours of 8:00 a.m. through 6:00 p.m., Monday through Friday, and 9:00 a.m. through 6:00 p.m. on Saturday unless otherwise permitted by the Superintendent of Public Works or the Mayor, in writing. No work shall be permitted on a federal holiday.
[Amended 2-13-2013 by L.L. No. 1-2013]
J. 
Restriction on delivery and service vehicles. There shall be no deliveries or pickups by service vehicles, such as garbage vehicles, before 8:00 a.m. or after 5:00 p.m. on any day.
K. 
Enforcement and penalties.
(1) 
The Board of Trustees may commence actions to enjoin violations of this section.
(2) 
Each and every violation of any provision of this section is punishable as provided in Chapter 1, Article I of this Code. Each day during which a violation continues shall constitute a separate offense.
[Amended 3-22-2006 by L.L. No. 1-2006]