[HISTORY: Adopted by the Board of Trustees of the Village of Williston
Park as indicated in article histories. Amendments noted where applicable.]
[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:
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.
Includes any individual, firm, association or corporation, whether
such person is the owner, lessee or charterer, its servants, agents or employees.
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 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.
That which is not required by the usual circumstances.
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]
(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]
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.
[Amended 10-1-1984 by L.L.
No. 6-1984]
[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:
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.
The continuous or intermittent emission of a sound from an externally
audible burglar alarm.
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.
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:
[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.
