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;
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.
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.
(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.
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 landscaping and tree services.
[Amended 2-13-2013 by L.L. No. 1-2013; 6-25-2019 by L.L. No. 7-2019; 2-11-2020 by L.L. No. 1-2020; 1-26-2023 by L.L. No. 2-2023]
(1) Landscaping.
(a)
Landscaping, which includes all lawn and ground maintenance
activities performed by a paid contractor ("landscaper"), shall only
be performed in the Village by a Village-licensed landscaper and/or
property owner.
(b)
Permitted hours of operation for landscaping:
[1]
Property owner: 8:00 a.m. to 5:00 p.m., Monday through Friday;
Saturday 9:00 a.m. to 12:00 noon;
[2]
Licensed landscaper: 8:00 a.m. to 5:00 p.m., Monday through
Friday; Saturday 9:00 a.m. to 12:00 noon.
(2) Tree services.
(a)
Tree services, which include tree removal, pruning, trimming
and stump grinding, shall only be performed in the Village by a Village-licensed
contractor or property owner.
(b)
Permitted hours of operation for tree services:
[1]
Property owner: 8:00 a.m. to 5:00 p.m., Monday through Friday;
[2]
Licensed landscaper: 8:00 a.m. to 5:00 p.m., Monday through
Friday.
(3) No landscaping or tree services shall be permitted outside of the
above time frames or on prohibited days, except with the written approval
of the Building Inspector or the Mayor. No work shall be permitted
on a federal holiday.
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]