Village of Williston Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Williston Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 67.
Landscape gardening — See Ch. 126.
Loitering — See Ch. 131.
Parades and assemblies — See Ch. 151.
Peddling and soliciting — See Ch. 157.
Vehicles and traffic — See Ch. 219.
[Adopted 9-22-1975 by L.L. No. 2-1975 as Ch. 65, Art. III and § 65.53 of the 1975 Code; amended in its entirety 10-17-1983 by L.L. No. 8-1983]
It is hereby declared to be the policy of the Village Board to prevent any unreasonable, loud, disturbing and unnecessary noise. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual or contrary to the public welfare is prohibited.
As used in this article, the following terms shall have the meanings indicated:
DECIBEL
The decibel is 1/10 of a bell 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.
PERSON
Includes any individual, firm, association or corporation, whether such person is the owner, lessee or charterer, its servants, agents or employees.
SOUND DEVICE OR APPARATUS
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.
TO USE OR OPERATE ANY SOUND DEVICE OR APPARATUS IN, ON OR ADJACENT TO ANY PUBLIC STREET, PARK OR PLACE
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 structure or from any airplane, or other device used for flying, flying over the village or in any boat or on the waters within the jurisdiction of the village or anywhere on or in the public streets, parks or places.
UNNECESSARY
That which is not required by the usual circumstances.
USUAL
The normal noise range for a particular type of vehicle or mechanism.
A. 
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, provided that they create a noise exceeding 70 decibels at the adjoining property line, but any enumeration herein shall not be deemed to be exclusive:
(1) 
The operation of any radio or phonograph or use of any musical instrument in such a manner or with such volume, particularly between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.
(2) 
The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort and repose of any person in the vicinity.
(3) 
The use of any automobile, motorcycle, streetcar or vehicle so out of repair, so loaded or in such manner as to create a loud and unnecessary grating, grinding, rattling or other noise.
(4) 
The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger.
(5) 
The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(6) 
The erection, including excavation, demolition, alteration or repair, of any building other than between 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public safety and then only with a permit from the Building Department, which permit may be renewed for a period of three days or less while the emergency continues.
(7) 
The creation of any excessive noise on any street adjacent to any school, institution of learning or court, church, synagogue or place of worship while the same is in session or adjacent to any hospital which unreasonably interferes with the workings of such institution, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
(8) 
The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
(9) 
The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(10) 
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any sale or display of merchandise by the creation of noise.
(11) 
The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle except as a warning signal pursuant to the provisions of § 1104 of the Vehicle and Traffic Law of the State of New York.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(12) 
The use of any radio apparatus, talking machine, loudspeaker or amplifier attached thereto in such a manner that the loudspeaker shall cause the sound from such radio apparatus or talking machine to be projected directly therefrom outside of any building or out of doors or the use of any radio apparatus, talking machine, loudspeaker 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 outside of such outside wall or window between the hours of 8:00 p.m. and 9:00 a.m. Nothing herein contained shall be construed to prevent the operation of a radio apparatus or talking machine used in a reasonable manner by any person within any building or structure, provided that said radio apparatus or talking machine or loudspeaker is not so arranged so that such loudspeaker shall project the sound therefrom directly outside of any building or out of doors.
(13) 
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 70 decibels at the adjoining property line.
B. 
Use and operation of sound devices and apparatus for commercial or business advertising purposes prohibited. It shall be unlawful for any person to use or operate or cause to be used or operated any sound device or apparatus in, on, near or adjacent to any public street, park or place for commercial or business advertising purposes.[2]
[2]
Editor's Note: See also § 139-4 of this chapter.
C. 
Disturbing the peace. No person shall shout or make any excessive or unusual noise in or upon any public place, street, road or highway to the disturbance of others upon or adjacent to said public place, street, road or highway, nor shall any person shout or make any excessive or unusual noise within or without any building or other structure to the disturbance of others adjacent to such building or structure.
A. 
Legislative declaration.
(1) 
It is hereby declared that the use or operation of any radio device or apparatus or any device or apparatus for the amplification of sound 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 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 structure or from any airplane, or other device used for flying, flying over the village or anywhere 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 or places, thus increasing traffic hazards and causing injury to life and limb.
(2) 
It is hereby further declared that such use or operation disturbs the public peace and comfort and peaceful enjoyment by the people of their right to use the public streets, parks and places for street, park and other public purposes and disturbs the peace, quiet and comfort of the neighboring inhabitants. Therefore, it is hereby further 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, convenience and peaceful enjoyment by the inhabitants of the village of their right to use the public streets, parks and places for street, park and other public purposes and to secure the peace, quiet, enjoyment and comfort of the village inhabitants.
B. 
Prohibited acts.[1]
(1) 
It shall be unlawful for any person to use or operate or cause to be used or operated any sound device or apparatus in, on, near or adjacent to any public street, park or place for commercial or business advertising purposes.
(2) 
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 other type of vehicle or airplane or other type of flying device 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 device or apparatus in violation of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 10-1-1984 by L.L. No. 6-1984]
Any person or persons, association, firm or corporation who or which shall violate any of the provisions of this article shall be guilty of a violation punishable as provided in Chapter 1, §§ 1-18 and 1-19 of this Code or imprisonment for not more than 15 days, or both.
[Adopted 3-21-1983 by L.L. No. 4-1983]
[Amended 10-1-1984 by L.L. No. 4-1984]
The village recognizes the need for externally audible burglar alarms as a protection against and a deterrent to the burglary of structures, vehicles and things located within the village and for the prevention of vandalism thereto. The village declares, however, that the reasonable objectives of externally audible burglar alarms are accomplished when the sound associated with their operation persists for not more than five minutes. Operation of externally audible burglar alarms for more than five minutes does not serve any legitimate objective or purpose. The sound associated with the operation of an externally audible burglar alarm becomes unreasonable after five minutes of operation in residential districts and after 15 minutes of operation in commercial districts and constitutes a public nuisance.
As used herein, the following terms shall have the meanings set forth below, unless the context shall clearly require otherwise:
EXTERNALLY AUDIBLE BURGLAR ALARM
Any warning device designed to produce an audible sound when triggered by unauthorized entry into or tampering with a structure, vehicle or thing to which it is affixed.
OPERATION
The continuous or intermittent emission of a sound from an externally audible burglar alarm.
SOUND
The noise produced by a horn, siren, bell, buzzer or any other device, the principal purpose of which is to create a noise to attract attention or to give warning.
A. 
No person shall affix an externally audible burglar alarm to or install an externally audible burglar alarm on or within any structure within the village without first securing a building permit therefor.
B. 
No person shall alter, repair or maintain any externally audible burglar alarm presently affixed to or installed on or within any structure within the village without first securing a building permit therefor.
C. 
The fee for each building permit required under this section shall be as provided in Chapter 93, Fees, or such higher amount as the Board of Trustees shall by resolution determine.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The Board of Trustees shall establish regulations regarding the level and nature of sound that may be emitted from externally audible burglar alarms as well as regulations dealing with external cutoffs and times governing the period of operation thereof.
E. 
All externally audible burglar alarms must have a fifteen-second-delay shutoff before a permit will be issued for installation. Said delay shutoff is intended to enable alarm owners to enter an alarmed premises without triggering the external audible alarm.
F. 
Every permit issued by the village must have the name and number of the person responsible for the alarm and who might be contacted in the event of an accidentally initiated alarm.
It shall not be a defense to any violation charged under § 139-10 of this article that the operation of any audible burglar alarm was:
A. 
Initiated by the action or conduct of a person whose action or conduct was criminal with respect to the structure, vehicle or thing to which the externally audible burglar alarm was connected or affixed.
B. 
Initiated by reason of a malfunction thereof.
C. 
During normal waking hours.
[Amended 10-1-1984 by L.L. No. 4-1984[1]]
It shall be unlawful for the owner, occupant or person having possession or custody of or control over any structure, vehicle or thing to which an externally audible burglar alarm is connected or affixed to permit, suffer or allow the operation of that externally audible burglar alarm for a period in excess of five minutes if in a residential district and for a period in excess of 15 minutes if in a commercial district. Any such operation constitutes a public nuisance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to any other penalty permitted or allowed under the laws of the State of New York, any person convicted of a violation of § 139-10 of this article shall be guilty of a violation punishable as provided in Chapter 1, §§ 1-18 and 1-19 of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).