[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-10-1964 by Ord. No. 69 (Ch. 66, Art. II, of the
1975 Code)]
It shall be unlawful for any person to operate or permit to
be operated within the Incorporated Village of Farmingdale and outside
the confines of any building on Sundays or holidays, and on any other
day between the hours of 6:00 p.m. and 8:00 a.m., any stationary internal-combustion
engine, electrical motor or any other electrical or mechanical equipment
or device, which engine, motor, equipment or device shall remain stationary
and continue in operation in excess of 30 minutes or for more than
40 minutes in any hour, in such manner as to be audible at a distance
of 200 feet from the place where such engine, motor, equipment or
device shall be operating.
[Amended 1-5-2015 by L.L.
No. 2-2015]
Any person violating the provisions of this article shall be
subject to a penalty not exceeding $250 or 15 days' imprisonment,
or both, for each offense, and each day or part of a day on which
a violation exists shall be deemed to be a separate offense.
[Adopted 10-4-1966 by Ord. No. 71 (Ch. 66, Art. I, of the
1975 Code)]
It is hereby declared to be the policy of the Board of Trustees
of the Incorporated Village of Farmingdale 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.
It shall be unlawful for any person to:
A.
Operate or use any radio, phonograph, television receiver or other
musical instrument in such manner or with such volume as to annoy
or disturb the quiet, comfort or repose of persons in any dwelling,
hotel or other type of residence, except that:
[Amended 6-7-2021 by L.L. No. 4-2021]
(1)
A permit
may be obtained to play music outdoors in the D-MU Zoning District.
The permit shall allow music to be played outdoors from 10:00 a.m.
until 9:00 p.m. on Thursday, Friday and Saturday, and on Sunday, music
shall be permitted but shall be limited to acoustic, not amplified
or reproduced music from 10:00 a.m. until 6:00 p.m. A permit application
to play outdoor music shall be made to the Superintendent of Buildings.
There shall be no fee for the application. In addition to the time
limitations, the Superintendent of Buildings may establish additional
permit conditions and requirements. In the event that the conditions
and requirements of the permit or of this section or the Village code
are violated, the permit shall be immediately revoked. In the event
of the revocation of the permit, any application to reinstate the
permit or to issue a new permit shall be made to the Board of Trustees.
(2)
Residents
in any Residential Zoning District may play music, for noncommercial
purposes, on Friday and Saturday from 10:00 a.m. until and 11:00 p.m.,
and on Sunday from 10:00 a.m. Sunday until 10:00 p.m.
(3)
The
Board of Trustees, by resolution, shall have power to require additional
conditions upon its review of a revoked permit and the Board of Trustees
shall have the power to modify the requirements of this section following
a written request for same and good cause shown.
D.
Cause to be discharged into the open air the exhaust of any steam
engine, stationary internal-combustion engine, motorcycle or motor
vehicle engine, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
E.
Construction noises.
[Amended 5-2-2016 by L.L.
No. 3-2016]
(1)
Erect, excavate, demolish, alter or repair any building or structure,
prior to obtaining a building permit from the Village of Farmingdale
Building Department, and upon obtaining a building permit,[3] no such activity may occur other than between:
(2)
There shall be no erection, excavation, demolition, alteration or
repair of any building or structure on Sundays; or the following holidays:
New Year's Day, Memorial Day, Fourth of July, Thanksgiving or Christmas
Day; or during the hours outside the permitted time periods specified
above. The above prohibitions shall not be applicable in case of emergencies
or other matters of public safety.
F.
Create any excessive noise on any street adjacent to any school when
the same is in session, or adjacent to any hospital or nursing homes,
which unreasonably disturbs or annoys the pupils, teachers, administrative
personnel, patients or occupants thereof, provided conspicuous signs
are displayed in the streets upon which such school, hospital or nursing
home is located, indicating the presence of such school, hospital
or nursing home.
G.
Load or unload any vehicle in such manner as to create loud and excessive
noise.
I.
Use or operate or cause to be used or operated any sound device on
or near or adjacent to any public street or place, or in front of
or outside of any building, place or premises, or in or through any
window, doorway or opening of any building or premises abutting on
or adjacent to any public street or place, or to or upon any vehicle
operated, standing or being in or upon any public street, park or
place, where the sound therefrom may be heard upon any public street
or place and which sound is used for commercial, business or advertising
purposes.
[Amended 1-5-2015 by L.L.
No. 2-2015]
Any violation of this article shall be deemed to constitute
disorderly conduct and any person violating the provisions of this
article shall be a disorderly person and shall be subject to a penalty
not exceeding not exceeding $250 or 15 days' imprisonment, or both,
for each offense, and each day or part of a day on which a violation
exists shall be deemed to be a separate offense.
