[HISTORY: Adopted by the Board of Trustees of the Village
of Nissequogue 7-7-1980 by L.L. No. 4-1980; amended in its entirety 10-19-2004 by L.L. No.
2-2004. Subsequent amendments noted where applicable.]
It is the intention of the Board of Trustees of the Village
of Nissequogue, by adoption of this chapter, to establish and impose
restrictions upon the creation of unnecessary or unreasonably intrusive
sound, which either annoys, disturbs, injures or endangers the comfort,
repose, health, peace or safety of a reasonable person of normal sensitivities,
since such sounds are deemed to be detrimental to the life, health,
welfare, good order and comfort of the citizens of the Village. By
enactment of this chapter, the Board of Trustees intends to promote
the health, safety and general welfare of the people of the Village,
including the enjoyment of their property and the preservation of
the peace of the Village. This chapter shall not be construed or utilized
in any manner so as to deny or limit any right or privilege granted
and recognized by the First Amendment of the Constitution of the United
States. In the exercise of its inherent and statutory police powers
in this regard, the Board of Trustees does hereby enact this chapter.
A.
All definitions used in this chapter, where applicable, shall conform
to the terminology of the American National Standards Institute. A
copy of the ANSI's definitions shall be procured by the Village Clerk
and shall be available at the Village Clerk's office for public inspection.
B.
AIR CONDITIONING APPARATUS
ANSI
CONTINUOUS SOUND
DEVICE
EMERGENCY
GENERATING LAND
HOLIDAYS
IMPULSIVE SOUND
MOTOR VEHICLE
MUFFLER
NOISE
PERSON
REAL PROPERTY BOUNDARY
RECEIVING PROPERTY
SOUND
SOUND REPRODUCTION DEVICE
UNNECESSARY
UNREASONABLY INTRUSIVE
As used in this chapter, unless the context otherwise clearly indicates,
the words and phrases used in this chapter shall have the following
meanings:
Any device that is designed to be used or is actually used
to cool, move or condition air, including but not limited to air conditioners,
cooling towers, fans arid blowers.
The American National Standards Institute or its generally
recognized functional successor.
Any sound that is not an impulsive sound.
Any machine, mechanism or equipment that is intended to produce,
or which actually produces, sound or vibrations when operated or handled.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage threatened or caused by
an emergency or the work or activity that is necessary to prevent
or recover from an emergency, including but not limited to work to
repair electric, gas, water, sewage and/or telephone services.
Any public or private land whereon the source of generation
and emission of a sound or sounds is permanently situated or temporarily
located.
New Year's Day, President's Day, Memorial Day, Independence
Day, Labor Day, Columbus Day, Thanksgiving Day and Christmas Day.
A sound of short duration, usually less than one second,
and of high intensity, with an abrupt onset and rapid decay. Examples
include an explosion or discharge of a firearm.
Any vehicle, such as, but not limited to, a passenger vehicle,
truck, truck-trailer, trailer or semi-trailer, propelled or drawn
by mechanical power, and shall include motorcycles, snowmobiles, minibikes,
go-carts, mopeds or any other vehicle which is self-propelled.
A device for abating the sound of escaping gases of an internal
combustion engine or other sound source.
Any sound or combination of sounds of such level, intensity
and duration or the time and place of its emission and perception,
that is deemed to be so unpleasant, objectionable and disturbing as
to unduly disrupt or unreasonably interfere with the enjoyment of
life or property, exceeding the limits as set forth in this chapter.
Any individual, firm, association, partnership or corporation,
including any officer, employee, department, agency or instrumentality
of the state or any political subdivision of the state.
The imaginary line, including its vertical extension, that
separates one parcel of real property from another.
Any public or private lands, including the buildings, structures,
facilities and open spaces situated thereon, whereon the sound or
sounds emitted from any generating land can be heard and detected
by any person and where, when implicitly or expressly required by
any provision of this chapter, the level of such sound(s) shall be
measured to determine whether it (they) comply with or exceed any
limits or restriction imposed by this chapter.
An oscillation in pressure, stress, particle displacement
or other physical parameter in a medium with internal forces (American
National Standards institute terminology).
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including, but not limited
to, any musical instrument, radio, television, tape recorder, phonograph,
loudspeaker, public-address system or any other sound-amplifying device.
That which is not required by the usual circumstances.
Any sound that either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of a reasonable person
of normal sensitivities under the circumstances.
The following acts are declared to be prima facie evidence of
a violation of this chapter:
A.
Noise from a domestic animal, bird or fowl that is continuous and
exceeds five minutes in duration or is intermittent and exceeds 10
minutes in any one-hour period that creates a noise disturbance across
a real property boundary.
B.
Noise from any sound reproduction device that is able to be heard
from the lesser of 60 feet from its source or 25 feet over any real
property (line) boundary between the hours of 11:00 p.m. and 8:00
a.m. the next morning, except in cases of public safety and emergency
and while any such emergency continues.
C.
Noise from a burglar alarm or other alarm system of any building,
motor vehicle or boat that is continuous and exceeds 10 minutes and
is audible across the real property boundary of the property where
said alarm is located.
D.
The erection, including excavation, demolition, alteration or repair
of any building between the hours of 6:00 p.m. and 7:00 a.m. the following
day on weekdays and 5:00 p.m. and 8:00 a.m. the following day on weekends
and holidays, except in the case of public safety and emergency, and
while any such emergency continues.
E.
The operation, between the hours of 7:00 p.m. and 7:00 a.m. the following
day on weekdays and 5:00 p.m. and 9:00 a.m. the following day on weekends
and holidays, of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other device, except in cases
of public safety or emergency and while any such emergency continues.
F.
The operation of gasoline or electric power equipment outdoors between
the hours of 7:00 p.m. and 7:00 a.m. on weekdays and between 7:00
p.m. and 9:00 a.m. on weekends and holidays, except in the ease of
public safety and emergency, and while any such emergency continues.
G.
Continuous sound in the air from the operation of any machinery,
equipment, pump, fan or any type of air conditioning apparatus or
similar mechanical device that has crossed the real property boundary
of the property where said equipment or device is located, except
in the case of public safety and emergency, and while any such emergency
continues.
H.
The sounding of any horn or signaling device of an automobile, motorcycle
or other vehicle continuously and exceeding five minutes in duration,
except as a danger warning pursuant to § 375 of the Vehicle
and Traffic Law of the State of New York.
I.
The discharge into the open air of the exhaust of any steam engine,
stationary internal-combustion engine, motorboat, minibike or motor
vehicle, except through a muffler or other device that will effectively
prevent unnecessary, unreasonably intrusive or explosive noises therefrom.
J.
The use of any automobile, motorcycle or vehicle so out of repair,
so loaded or in such a manner as to create grating, grinding, rattling
noises of such a nature as to be unreasonably intrusive to a reasonable
person with reasonable sensibilities or if deemed unreasonably intrusive
by a police officer.
K.
The offering for sale of anything by shouting or outcrying upon the
public streets or sidewalks or by the use of mechanical loudspeakers
or amplifiers on trucks or other moving vehicles.
L.
No person shall operate or cause or permit to be operated any motorized
or engine-powered watercraft in any river or other waterway within
1,500 feet of the jurisdictional limits of the Village at any time,
at any speed or under any condition of load acceleration or deceleration
or in any manner whatsoever. This provision shall not apply to races
or regattas conducted under permit issued by the Village Clerk or
the Mayor and Board of Trustees of the Village pursuant to the Code
or other applicable law; and it shall not apply to the use of a horn
or whistle or other signaling or warning when the same is used for
the purpose of signaling another vessel(s) or for the purpose of warning
another vessel(s) of the presence of the vessel emitting the signal
or warning.
M.
The creation of unreasonably loud and excessive noise between the
hours of 10:00 p.m. and 8:00 a.m. in connection with loading or unloading
of any vehicle, boat or barge or the opening and destruction of bales,
boxes, crates and containers that is able to be heard from the lesser
of 60 feet from its source or 60 feet over any property line.
N.
The commercial removal of refuse between the hours of 6:00 p.m. and
6:00 a.m.
The provisions of this chapter shall not apply to the following
acts:
A.
The emission of sound for the purposes of alerting a person to the
existence of an emergency.
B.
Noise from municipally sponsored celebrations or events.
C.
Noise from individually sponsored events where a permit for public
assembly or other relevant permission has been obtained from the Village
Clerk.
D.
The operation or use of any organ, radio, bell, chime or other instrument,
apparatus or device by any school licensed or chartered by the State
of New York, provided such operation or use does not occur between
the hours of 10:00 p.m. and 8:00 a.m.
E.
Noise generated by the installation and maintenance of public utilities.
F.
Sounds on private property which do not carry beyond the real property
boundary lines of the property on which they are created.
G.
The use of generators during power outages.
The provisions of this chapter shall be enforced by the Police
Department and/or by the Building Inspector of the Village.
In lieu of the initial issuance of a summons, the Building Inspector
of the Incorporated Village of Nissequogue may first issue an order
requiring abatement of any source of sound or vibration alleged to
be in violation of this chapter.
Except where a person is acting in good faith to comply with an abatement order issued pursuant to § 83-6, the violation of any provision of this chapter shall be cause for a summons to be issued by the Building Inspector or a law enforcement officer of the Nissequogue Village Police Department.
[Amended 3-17-2015 by L.L. No. 3-2015]
Any person who violates any provision of this chapter shall
be guilty of a violation and, upon conviction thereof, shall be subject
to a fine not exceeding $500 or imprisonment for a period not in excess
of 15 days, or both. Nothing in this chapter shall be deemed to prohibit
the prosecution and conviction of a person on two or more charges
that may constitute violations of different sections of this chapter
arising out of a single act, occasion or set of circumstances. However,
no more than a single penalty may be imposed for each separate and
distinct offense. Furthermore, each day (twenty-four-hour period)
of violation of any provision of this chapter shall constitute a separate
offense. The Village may also seek injunctive relief to prevent the
continued violation of this chapter.
If any word, phrase or part of this chapter shall be declared
invalid or unconstitutional by a court of competent jurisdiction,
the same shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, paragraph,
section, or part thereof directly involved in the controversy in which
such judgment shall have been rendered.
