[HISTORY: Adopted by the Board of Trustees of the Village
of Green Island 9-28-1992 by L.L. No. 2-1992. Amendments noted where
applicable.]
A.
It is hereby declared to be the policy of the Village of Green Island
(hereinafter the "Village") to prevent excessive, unnecessary or unusually
loud noises. It is further declared that the provisions and prohibitions
hereinafter contained and enacted are in pursuance of and for the
purpose of preserving, protecting and promoting the public health,
comfort, convenience, safety, welfare and prosperity and the peace
and quiet of the Village of Green Island and its inhabitants.
B.
This chapter shall be liberally construed so as to effectuate the
purposes described in the section. Nothing herein shall be construed
to abridge the emergency powers of any Village department or the right
of such department to engage in any necessary or proper activities.
Nothing herein shall abridge the powers and responsibilities of any
police department or law enforcement agency to enforce the provisions
of this chapter.
This chapter shall not apply to the operation or use of any
organ, radio, bell, chimes or other instrument, apparatus or device
by any church, synagogue or school.
A.
The creation of any unreasonably loud, disturbing and unnecessary
noise is prohibited.
B.
Said noise shall be prohibited when it is of such character, intensity
and duration or of a type or volume that a reasonable person of normal
sensitivities would not tolerate it under the circumstances and that
is detrimental to the life, health or welfare of any individual or
the general community or would cause or create a risk of public inconvenience,
annoyance or alarm.
The following acts and the causing thereof are declared to be
loud, disturbing and unnecessary noises in violation of this chapter,
but the enumeration herein shall not be deemed to be exclusive:
A.
Horns, signaling devices. The sounding of any horn or other signal
device of any automobile, motorcycle, bus or other vehicle while stationary,
except as a danger signal when an approaching vehicle is apparently
out of control or, if in motion, only as a danger signal after or
as brakes are being applied and deceleration of the vehicle is intended;
the creation by means of any such signal device of any unreasonably
loud or harsh sound or the sounding of any such device for any unnecessary
period of time.
B.
Noisy vehicles. No person shall:
(1)
Use an automobile, motorcycle or other vehicle so out of repair,
so loaded or in such a manner as to create loud, unnecessary grating,
grinding, rattling or other noise;
(2)
Operate any vehicle in such a manner as to cause unnecessary noise
by spinning or squealing the tires or revving the motor of such vehicle;
or
(3)
Modify or cause to be modified the muffler, exhaust system or other
noise control device of any vehicle in a manner that will increase
the noise emitted by such vehicle above that emitted by the vehicle
when newly manufactured, regardless of the date of manufacture. The
noise control device of any vehicle operated in the Village shall
be maintained and in good working order. No person shall operate or
permit to be operated a vehicle when the muffler, exhaust system or
other noise control device has been so modified or has not been maintained.
C.
Recreational vehicles (including snowmobiles). No person shall operate
or permit to be operated any motor-powered recreational vehicle not
licensed for operation on public streets pursuant to the Vehicle and
Traffic Law:
(1)
On private property of another without the prior written consent
of the owner and the occupant of said property. Such consent may be
revoked at any time by the grantor thereof. Where such express prior
written consent has been obtained, the operator or person at the site
responsible for such operation shall keep said consent on his person
and available for immediate display at all times during the period
of such operation;
(2)
On any public grounds or property, including Village- or school-owned
land, which shall include but not be limited to parks, ball parks,
and recreation areas;
(3)
In such a manner as to create unnecessary noise so as to unreasonably
disturb or interfere with persons in the peaceful and quiet enjoyment
of their property; or
(4)
In a careless, reckless or negligent manner so as to endanger the
safely or property of any person.
D.
Discharge of exhaust. The discharge into the open air of the exhaust
of any steam engine, stationary internal-combustion engine, motor
vehicle or boat engine or motor except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
E.
Construction, demolition, excavation. The erection, including excavating,
demolition, alteration or repair of any building other than between
6:00 a.m. and 9:00 p.m., except in case of an urgent necessity in
the interest of public safety and then only with a permit from the
Commissioner of Public Works, which permit may be renewed for a period
of three days or less while the emergency continues.
F.
Noise near school, other institutions. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court, while the same is in session, or adjacent to any
hospital, which unreasonably interferes with the workings of such
institutions, provided that conspicuous signs are displayed in such
street indicating that the same is a school, hospital, church or court
street.
G.
Loading, unloading. 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.
H.
Hawking, peddling. The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood and
is unreasonable under the circumstances.
I.
Drums, loudspeakers, similar devices. The use of a drum, loudspeaker
or any other sound-producing instrument or device for the purpose
of attracting public attention by the creation of noise, except where
authorized by special permit to be issued by the Mayor or Board of
Trustees of the Village of Green Island.
J.
Sound reproduction. No person shall operate, play or permit the operation
or playing of any radio, television, phonograph, drum, musical instrument,
sound amplifier or similar device which produces, reproduces or amplifies
sound so as to produce unreasonable or unnecessary noise at any time,
except for activities open to the public or for the public benefit
and for which permission has been granted by the Mayor or Board of
Trustees of the Village of Green Island.
L.
Shouting. No person shall shout, yell, call, hoot, whistle or sing
on public streets or in public places in such a manner and for such
a period of time as to be unreasonable under the circumstances.
M.
Noise from tools, machinery and heavy equipment in the construction,
repair or alteration of property. The use of domestic or industrial
tools, machinery and equipment of any kind in construction, repair
or alteration of property and resulting in loud grinding, hammering,
sawing and similar noise shall be prohibited if said noise is unnecessary
or unreasonable under the circumstances.
N.
Noise in the conduct of any business. The creation of unreasonable
or unnecessary noise in the operation, conduct and/or maintenance
of any business, factory, plant yard or manufacturing establishment
(except as otherwise provided in this chapter), including but not
limited to excavating, blasting, grinding, breaking, crushing or processing
of any substance (where permitted), is prohibited.
[Amended 5-18-1998 by L.L. No. 4-1998; 11-23-1998 by L.L. No.
5-1998]
(1)
Except as provided by Subsection N(4) of this section, no person shall operate or permit to be operated on any business, commercial or industrial site any operation that produces a sound level exceeding the limitations as provided in this section.
(2)
Continuous sound in air which has crossed the real property boundary
of any business, commercial or industrial site and is measured on
residential property shall not exceed either of the following levels:
(a)
Between 6:00 a.m. and 9:00 p.m.: A Leq (one-hour) of 65 dB(A).
For purposes of this section, "Leq (one-hour)" shall mean the time
weighted, mean square A-weighted sound pressure over a one-hour time
period.
(b)
Between 9:00 p.m. and 6:00 a.m. the following day: A Leq (one-hour)
of 55 dB(A). For purposes of this section, "Leq (one-hour)" shall
mean the time weighted, mean square A-weighted sound pressure over
a one-hour time period.
(3)
Impulsive sound in air which has a peak sound pressure level in excess
of 130 decibels.
(4)
The provisions of this section shall not apply to the following:
(a)
Locations where the Leq (one-hour) caused by sources which are
external to the sound source site real property boundary exceeds the
Leq (one-hour) caused by sources internal to such boundary.
(b)
Sounds created by the tires and motor when propelling a motor
vehicle that is registered to operate on public highways. This exception
does not apply to auxiliary equipment on such vehicles or while such
vehicles are under repair or test.
(c)
Sounds created by the means of propulsion of railroad trains.
This exception applies only when such railroad train is either in
motion or idling for less than 30 minutes during loading, unloading,
coupling, uncoupling, refueling or other similar operations.
(d)
Sporting, amusement and entertainment events during practice,
rehearsal and performance. This exception does not apply to sounds
created by the sound reproduction devices of commercial operations,
including but not limited to music.
(e)
Emergency work, safety and protective devices.
(f)
Grounds maintenance equipment.
O.
The operation of restaurants, taverns, bars and discos.
(1)
No restaurant, tavern, bar, nightclub, disco or other similar use,
whether public or private, shall be conducted so that unreasonable
or unnecessary music or other noise is caused by and/or emanates from
said use.
(2)
Any owner, operator or proprietor of such a business use or the owner,
licensee or person in control of any private premises shall so limit
the level of noise emanating from premises.
(3)
Further it shall be the duty of any such person to disperse any assembly
of persons loitering, drinking alcoholic beverages or otherwise engaging
in lewd or disorderly conduct adjacent to or near the premises or
to immediately notify the Green Island Police of such conduct.
P.
Fraternities and sororities, dormitories, private clubs, meeting
halls, private residences. No noise from parties, entertainment, music
or social gatherings of any kind, whether public or private, shall
be such that noise caused by and/or emanating from said use can be
heard:
A.
In those cases of unreasonable noise, other than violations of § 112-4A, B, C or D, the person or persons responsible shall be advised of any conduct prohibited herein by the Green Island Police or any Village officer authorized to enforce the provisions of this chapter. After such warning, if any party shall continue or repeat said conduct or similar conduct, he shall be in violation of this chapter.
B.
It shall be sufficient if said warning is oral and/or in person or
over the telephone.
A.
If any party shall knowingly violate the provisions of this chapter
or engage in conduct in violation of this chapter, he shall be punished
by a fine of not less than $25 and not more than $250. Each incidence
of any violation of a provision herein shall constitute a separate
offense. The Police Department may, in its discretion, confiscate
the offending device at the scene of the offense, and the return of
said device shall be in the sound discretion of the court.
B.
All fines, penalties and forfeitures collected upon a conviction
or forfeiture of bail by any person charged with a violation of this
chapter shall be paid to the Treasurer of the Village of Green Island
and credited to its general fund.
A.
It shall be the duty of the Police Department to enforce the provisions
of this chapter.
B.
If a violation of this chapter shall occur in the presence of a police
officer, he shall issue an appearance ticket as set forth in §§ 150.10
through 150.75 of the Criminal Procedure Law, and if such violation
shall not occur in the presence of an officer, he shall issue an appearance
ticket as set forth in §§ 150.10 through 150.75 of
the Criminal Procedure Law based upon a written statement by the complainant.
