[HISTORY: Adopted by the Board of Trustees
of the Village of Centre Island 4-5-1976 by L.L. No. 1-1976 as
Art. 7 of the 1976 Municipal Code. Section 75-3 amended and § 75-5
added at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
A.
It is found and declared that the making, creating
or maintaining of noises which are loud, intermittent, prolonged,
unusual or unnatural in their time, place or use adversely affects
and is detrimental to the public health, comfort, convenience, safety
and welfare and constitutes a disturbance to the peace and repose
of the residents of the Village.
B.
The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is declared a matter
of legislative determination and public policy, and it is further
declared that the provisions and prohibitions hereinafter contained
and enacted are in pursuance of and for the purpose of securing and
promoting the public health, comfort, safety, welfare and peace and
quiet of the Village and its inhabitants.
No person shall make or cause to be made or
continued, nor shall any owner, lessee or occupant of any land in
the Village permit to be made or continued on his premises, any loud,
unnecessary, unusual or annoying, intermittent or prolonged noise
or any noise which either annoys, destroys, injures or endangers the
comfort, repose, health, peace or safety of others within the Village.
The following acts, without limiting any other
applicable provisions, are expressly declared to be noises in violation
of this chapter:
A.
Horns, signaling devices, etc. The sounding of any
horns or signaling devices on any automobile, motorcycle or other
vehicle, except as a danger signal or warning signal; the creation
by means of any such signaling device of any unreasonable or harsh
sound; and the sounding of any such device for an unnecessary or intermittent
or unreasonable length of time.
B.
Loudspeakers, amplifiers for advertising or broadcasting.
The using, operating or permitting to be played, used or operated
of any radio or television set, musical instrument, phonograph, loud
speaker, sound amplifier, or other machines or devices for the producing
or reproducing of sound which is cast upon private property from the
public streets or other public places for the purpose of advertising
or broadcasting, unless a permit therefor shall have been issued by
the Board of Trustees.
C.
Unnecessary amplification. The using, operating or
permitting to be used or operated of any radio, television set, phonograph,
loudspeaker, sound amplifier or other machines or devices for the
producing or reproducing of sound at a volume level sufficient to
cause the sound produced or reproduced to be capable of being heard
at a distance of 10 feet beyond the lot line of the property on which
the sound is produced or reproduced.
D.
Animals. The keeping of any animals which, by causing
frequent or long continued noise, shall disturb the comfort or repose
of any person or persons in the vicinity.
E.
Exhausts. The discharge into the open air of the exhaust
of any internal combustion engine, except through a muffler or other
device which will effectively prevent loud or explosive noises emanating
therefrom. Nothing herein shall be construed to prohibit the use of
small power tools and machinery for the maintenance of a person's
property, provided that said tools or machinery are in proper operating
condition, effectively muffled and used only during those hours of
the day which will not disturb adjacent property owners.
F.
Noise-making devices.
(1)
The using, operating, discharging or causing to be
used, operated or discharged, including the installation, of any noise-making
device of any design or manufacture which in its use or if used, will
disturb or tend to disturb the peace, comfort, repose, health or safety
of another or scare, frighten or disturb a domestic animal of another
or wildlife.
(2)
The using, operating, discharging or causing to be
used, operated or discharged of any noise-making device of any design
or manufacture with the intent to endanger or disturb the peace, comfort
or repose, health or safety of another or to scare or frighten or
disturb a domestic animal of another or wildlife.
G.
Landscaping
and tree services.
[Added 12-16-2020 by L.L. No. 6-2020]
(1)
Landscaping, which includes all lawn and ground maintenance activities
performed by a paid contractor (landscaper) or property owner, shall
only be performed in the Village on the following days and times,
excluding federal and New York State holidays. Permitted hours of
operation for landscaping:
(2)
Tree services, which includes tree removal, pruning, trimming and
stump grinding, shall only be performed in the Village by a licensed
tree service contractor or property owner on the following days and
times, excluding federal and New York State holidays. Permitted hours
of operation for tree services:
(3)
The Mayor or Deputy Mayor may grant an exception from the above day
and time restrictions for landscaping and tree services.
H.
Construction.
[Added 12-16-2020 by L.L.
No. 6-2020]
(1)
Construction equipment. A property owner or contractor shall only
be allowed to use or operate, or permit or allow to be used or operated,
any tractor, earthmoving equipment, crane, or other construction equipment
for soil excavation, maintenance, construction or demolition in the
Village on the following days and times, excluding federal and New
York State holidays. Permitted hours of operation of construction
equipment:
(2)
Building construction. A property owner or contractor shall only
be allowed to perform, or permit or allow to be performed, any exterior
alteration, repair or maintenance to any building or structure in
the Village during the following days and times, excluding federal
and New York State holidays:
(3)
The Mayor or Deputy Mayor may grant an exception from the above day
and time restrictions for operation of any construction equipment
and building construction.
Upon receipt of a complaint, the Police Department
shall conduct an investigation to determine if any noise violates
the provisions of this chapter. If the Police Department determines
that there is a violation, it may, in lieu of issuing an appearance
ticket, provide appropriate warnings to the violator to cease and
desist from continuing such noise.
[Added 3-20-1991 by L.L.
No. 1-1991]
