[HISTORY: Adopted by the Board of Trustees
of the Village of Plandome Manor 12-20-2005 by L.L. No. 9-2005 (Ch. 113 of the 2005 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order
In this chapter, the following words or phrases
shall have the meanings indicated:
An animal of any type or species which is owned, harbored
or maintained by a person.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighted network slow response. The level
so read is designated dB(A).
[Added 1-21-2020 by Ord.
No. 3-2020]
A unit for measuring the pressure level of a sound. For the
purpose of this chapter, the standard reference pressure stated herein
will be used to assure a consistent and standard reference for measuring
sound. The sound pressure level measured in decibels is equal to 20
times the logarithm to the base 10 of the ratio of the effective pressures
of the sound measured to the reference pressure, such reference pressure
being 20 micropascals (20 micronewtons per square meter).
[Added 1-21-2020 by Ord.
No. 3-2020]
A sound characterized by brief excursions of peak sound pressure
which significantly exceed the ambient sound.
[Added 1-21-2020 by Ord.
No. 3-2020]
The A-weighted sound level, measured with slow response,
that is exceeded 10% of the time in a one-hour interval or equivalent
thereof.
[Added 1-21-2020 by Ord.
No. 3-2020]
The A-weighted sound level, measured with slow response,
that is exceeded 90% of the time in a one-hour interval or equivalent
thereof.
[Added 1-21-2020 by Ord.
No. 3-2020]
That level of sound which, in each context described in § 147-3, either:
Causes temporary or permanent hearing loss in
person exposed;
Otherwise is injurious or tends to be, on the
basis of current information, injurious to the public health or welfare;
Causes a nuisance;
Exceeds standards or restrictions established
herein; or
Unreasonably interferes with the comfortable
enjoyment of life and property or the conduct of business.
An individual or any corporation or other business or legal
entity, association, organization or group.
A line along the ground surface and its vertical extension,
which separates the real property owned or controlled by one person
from that owned or controlled by another person, including intrabuilding
real property divisions.
An instrument, including a microphone, an amplifer, an output
meter and frequency-weighting networks, for the measure of sound levels.
[Added 1-21-2020 by Ord.
No. 3-2020]
The weighted sound pressure level in decibels obtained by
the use of a sound level meter and frequency-weighting network, such
as A, B or C. If the frequency weighting employed is not indicated,
the A-weighting slow response shall apply.
[Added 1-21-2020 by Ord.
No. 3-2020]
An oscillatory motion of particles described by displacement,
velocity or acceleration with respect to a given reference point.
Any day Monday through Friday which is not a state or federal
legal holiday.
Whenever in this Code an activity is proscribed
or prohibited to be performed, permitted, made, aided, countenanced,
encouraged, assisted or the like on any property within the Incorporated
Village of Plandome Manor, or the creation, establishment, erection,
placement or maintenance of any object, thing, attachment, disturbance,
noise or nuisance shall be a violation of a provision of this Code,
the owner, tenant, operator or person in control of any property within
the Village on which such activity, object, thing, attachment, disturbance,
noise, nuisance or the like shall occur shall be deemed jointly and
severally to have full knowledge thereof and to have consented to,
performed, permitted, made, aided, countenanced, encouraged, assisted
or established, erected, placed or maintained the same, and said owner,
tenant, operator or person in possession of the property shall be
in violation of this chapter.
Each of the following is declared to constitute
a violation of this section:
A.
Amplified sound. The using, operating of or permitting
to be used or operated any device for producing, reproducing or amplifying
sound, including, but not limited to, a radio, CD player, tape player
or television, in such a manner as to create a noise disturbance.
B.
Horns and signaling devices. The sounding of any horn,
signaling device or alarm (except as a danger warning, pursuant to
§ 375 of the Vehicle and Traffic Law of the State of New
York) which results in a harsh or loud sound or repetitive sounds
for any unreasonable or unnecessary period of time, so as to create
a noise disturbance.
C.
Shouting and yelling. Shouting, yelling, singing,
calling, hooting or whistling so as to created noise disturbance.
D.
Engines. The operation, including the stationary idling,
of any engine, including, but not limited to, an automobile, truck,
motorcycle, motorbike, motorboat or minibike engine, so as to create
a noise disturbance.
E.
Heavy equipment. The operation of any pile driver,
bulldozer, pneumatic hammer, grinder or other equipment which creates
a noise disturbance, except between 8:00 a.m. and 5:00 p.m. on weekdays,
8:00 a.m. and 12:00 noon on Saturdays and except in cases of urgent
necessity in the interest of public safety.[1]
F.
Construction. Any construction, excavation, demolition,
alteration or repair, except between 8:00 a.m. and 5:00 p.m. on weekdays;
8:00 a.m. and 12:00 noon on Saturdays; and from 12:00 noon to 2:00
p.m. on Saturdays for alterations and repairs being done entirely
indoors of a building when the noise resulting from such action is
not audible outside the building in which such work is being performed;
and except in cases of urgent necessity in the interest of public
safety. Any construction is prohibited on Sundays or federal holidays.
[Amended 7-21-2009 by L.L. No. 4-2009; 1-21-2020 by L.L. No. 3-2020]
G.
Commercial gardening or landscaping. Any landscape
construction and maintenance, except between 8:00 a.m. and 5:00 p.m.
on weekdays; 8:00 a.m. and 12:00 noon on Saturdays; and except in
cases of urgent necessity in the interest of public safety. Any commercial
landscaping is prohibited on Sundays or federal holidays.
H.
Domestic equipment. The operation of or permitting
to be operated any power saw, drill, sander, router, lawn or garden
device, leaf or snowblower, insect control device or domestic equipment
so as to create a noise disturbance.
I.
Machinery. The operation of any machinery, equipment,
pump, fan, air-conditioning apparatus or other mechanical device in
such a manner as to create a noise disturbance.
J.
Loading and unloading. The loading and unloading of
any materials, equipment, garbage cans or the handling of bales, boxes,
crates, containers or similar objects so as to create a noise disturbance.
K.
Animals. The howling, barking, squawking or other
sounds of animals which occur so frequently or for such an unreasonable
duration as to create a noise disturbance. Barking, squawking, howling,
neighing or any other animal sound which is audible at a point beyond
the real property boundary from which such sound emanates and which
continues for over 15 minutes shall be prima facie evidence of a violation
of this chapter.
L.
Explosives, firearms and similar devices. The use
or firing of explosives, firearms or similar devices so as to create
a noise disturbance.
M.
Vibration. The operating or permitting the operation
of any device that creates vibration which is above the vibration
perception threshold of an individual beyond the property where the
source is located. For purposes of this section, "vibration perception
threshold" means the minimum ground- or structure-borne vibrational
motion necessary to cause a normal person to be aware of the vibration
by such direct means as, but not limited to, sensation by touch or
visual observation of moving objects.
N.
Noise from a burglar alarm or other alarm system of
any building, motor vehicle or boat which is continuous and exceeds
15 minutes.
No commercial landscaper 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.
A.
No person shall create, emit or issue, nor cause or
suffer to be created, emitted or issued, any noises or sounds on property
from which such noises or sounds may be heard on the property of another
as may unreasonably annoy, disturb or otherwise disrupt the quiet,
comfort or repose of persons in any dwelling or place of temporary
or permanent residence within the Village. The violation hereof shall
constitute a nuisance.
B.
No owner, tenant or person(s) in possession of property
shall permit any noise or sounds to emanate or come from their property
that may be heard on the property of another as may unreasonably annoy,
disturb or otherwise disrupt the quiet, comfort or repose of persons
in any dwelling or place of temporary or permanent residence within
the Village. The violation hereof shall constitute a nuisance.
A.
(1)
Construction, excavation, demolition, alteration or
repair activities between 8:00 a.m. and 5:00 p.m. on weekdays and
between 8:00 a.m. and 12:00 p.m. on Saturdays, and the associated
use of construction devices and/or the noise produced thereby, provided
that such activities and such equipment and their use comply with
the other provisions hereof. Alteration and repair activities are
permitted on Saturdays between 12:00 noon and 2:00 p.m., provided
such activities and the associated use of any equipment be done entirely
indoors of a building on the premises, and provided further that any
noise resulting from such activity not be audible outside the building
in which the work is being performed. No construction, excavation,
demolition, alteration or repair activities shall be allowed on Sundays
or federal holidays.
[Amended 7-21-2009 by L.L. No. 4-2009]
(2)
Noise from church bells or chimes.
(3)
The lawful operation of properly equipped motor vehicles
on any public way.
(4)
Snowblowers, snow throwers and snowplows when operated
with a muffler for the purpose of snow removal.
(5)
Noise generated from lawful athletic or recreational
events held on the property of the Incorporated Village of Plandome
Manor.
(6)
Municipally sponsored celebrations or events.
(7)
Lawful fireworks displays, parades, carnivals and
the like held in accordance with all pertinent provisions of the Incorporated
Village of Plandome Manor Code.
(8)
Noncommercial public speaking and public assembly
activities conducted on any public space or public right-of-way.
(9)
Emergency construction or repair work performed by
and authorized by the County of Nassau, the Incorporated Village of
Plandome Manor, Long Island Power Authority, Verizon or any other
recognized utility serving the area.
(10)
The activities of any fire department, ambulance
squad or similar emergency or rescue organization.
[Added 1-21-2020 by L.L. No. 3-2020[1]
A.
The Village shall order an immediate halt to any sound which exposes any person, except those excluded by Subsection B below, to continuous sound levels in excess of those shown in Table I below or to impulsive sound levels in excess of those shown in Table II below. Within one day following issuance of such an order, if the sound level is not reduced to a compliant level, the Village may either issue violation or apply to an appropriate court for an injunction to replace the order.
B.
No order pursuant to Subsection A shall be issued if the only persons exposed to sound levels in excess of those listed in Tables I and II below are exposed as a result of:
C.
Tables.
(1)
Table I.
|
Table I
| |
|---|---|
|
Continuous Sound Levels Which Pose An Immediate Threat To Health
And Welfare
[Measured at 50 feet (15 meters)]
| |
|
Sound Level Limit
[dB(A)]
|
Duration
|
|
90
|
24 hours
|
|
93
|
12 hours
|
|
96
|
6 hours
|
|
99
|
3 hours
|
|
102
|
1 to 2 hours
|
|
105
|
45 minutes
|
|
108
|
22 minutes
|
(2)
Table II.
|
Table II
| |
|---|---|
|
Impulsive Sound Levels Which Pose An Immediate Threat To Health
And Welfare
[Measured at 50 feet (15 meters)]
| |
|
Sound Level Limit
[dB(A)]
|
Number of Repetitions
(per 24-hour period)
|
|
145
|
1
|
|
135
|
10
|
|
125
|
100
|
Where the collective behavior of several persons
results in the creation, emission or issuance of any noise or sound
that is proscribed by this chapter, each such person engaged in such
collective behavior shall be subject to prosecution for any violation
arising therefrom.
