[HISTORY: Adopted by the Board of Trustees of the Village of Sleepy Hollow 8-13-1979 by L.L. No. 4-1979 (Ch. 36 of the 1965 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 110.
Animals — See Ch. 123.
Demolition of buildings — See Ch. 148.
Explosives and blasting — See Ch. 193.
Public gatherings — See Ch. 268.
Peddling and soliciting — See Ch. 299.
As used in this chapter, the following terms shall have the meanings indicated:
DECIBEL (dB)
A unit level used in acoustics to express the ratio of two sound pressures. The number of decibels corresponding to the ratio of two sound pressures is 20 times the logarithm to the base 10 of this ratio.
FREQUENCY BAND
The range of frequencies between two specified frequencies.
NIGHTTIME
The hours between 11:00 p.m. and 7:00 a.m., prevailing time.
NOISE OF IMPULSIVE CHARACTER
A noise such as that from a hammer blow, punch press, gunshot, etc.
NOISE OF PERIODIC CHARACTER
A noise such as that from a power planer or power saw, a transformer hum, etc.
OCTAVE BAND
A frequency band one octave wide.
OCTAVE BAND ANALYZER
An instrument for measuring the sound pressure level in each of the octave bands which comprise the spectrum of the sound. The octave band analyzer shall conform to United States of America Standard USASI Z24.10 1953 or the latest revision thereof.
SOUND PRESSURE LEVEL (SPL)
In decibels of a sound, is 20 times the logarithm to the base 10 of the measured sound pressure to a reference pressure of 0.0002 microbar [SPL = 20 log10 (sound pressure/reference pressure)].
UNREASONABLE NOISE
Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business. Standards to be considered in determining whether unreasonable noise exists in a given situation include, but are not limited to, the following:
A. 
The volume of the noise.
B. 
The intensity of the noise.
C. 
Whether the nature of the noise is usual or unusual.
D. 
Whether the origin of the noise is usual or unusual.
E. 
The volume and intensity of the background noise, if any.
F. 
The proximity of the noise to residential sleeping facilities.
G. 
The nature and the zoning district of the areas within which the noise emanates.
H. 
The time of the day or night the noise occurs.
I. 
The time duration of the noise.
J. 
Whether the sound source is temporary.
K. 
Whether the noise is continuous or impulsive.
VILLAGE
The Village of Sleepy Hollow in the County of Westchester and State of New York.
It is hereby declared to be the policy of the Village to prevent any unnecessary 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, as herein set forth, is prohibited.
A. 
Determination of noise levels.
(1) 
No person shall operate or cause to be operated any mechanism or device which shall create a noise within the Village exceeding the limiting noise levels set forth in the following table:
Octave Band Center
Frequency in Hertz (CPS)
Sound Pressure
Level in Decibels
Above 0.0002 Microbar
63
70
125
63
250
56
500
49
1,000
45
2,000
40
4,000
38
8,000
35
(2) 
The above values refer to smooth and continuous noise; however, in the event that the noise is not smooth and continuous and is not radiated at nighttime, one or more of the following corrections shall be added to or subtracted from each of the decibel levels given above:
Type of Operation or Character of Noise
Correction
(dBs)
Daytime operation only
+5
Noise source operates less than 20% of any 1 hour
+5*
Noise source operates less than 5% of any 1 hour
+10*
Noise source operates less than 1% of any 1 hour
+15*
Noise of impulsive character
-5
Noise of periodic character
-5
NOTE:
*
Apply one of these corrections only.
B. 
Noise measurements required under the terms of this chapter shall be made by the use of an octave band analyzer as defined herein.
C. 
Noise measurements and limits shall conform to the following practices:
(1) 
Noise shall be measured at least four feet above ground level but not more than at an altitude exceeding 40 feet above ground level.
(2) 
Facility noise originating on residential property shall be measured at the property on which the noise source is located.
(3) 
Facility noise originating on business or commercial property shall be measured at the property line of the nearest residential property.
The following acts, among others, are declared to be loud, disturbing, unnecessary and unreasonable noises in violation of this chapter, but any enumeration herein shall not be deemed to be exclusive:
A. 
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle (other than an emergency vehicle) on any street or public place, except as a danger or burglary warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or of any such signaling device when traffic is for any reason held up.
B. 
Radios, televisions, electronic sound reproduction devices, etc. The using, operating or permitting to be played, used or operated of any radio, musical instrument or instruments, phonograph or other machine or device for the producing or reproducing of sound, in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are voluntary listeners thereto. "Neighboring inhabitants" shall also be interpreted to mean those persons in close proximity to the operator of an above-listed device. The operation of any such set, instrument, phonograph, machine, or device between the hours of 11:00 p.m. and 7:30 a.m. in such a manner as to be plainly audible on adjacent properties shall be prima facie evidence of a violation of this subsection. The playing of such devices is strictly prohibited at all times in all municipal parks or playgrounds unless specifically permitted on such terms as may be determined by the Village Board of Trustees or its designee.
[Amended 7-18-1989 by L.L. No. 13-1989; 12-9-2008 by L.L. No. 3-2008]
C. 
Loudspeakers and amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
D. 
Yelling, shouting, etc.
(1) 
Yelling, shouting, hooting, whistling or singing on the public streets or any public place, particularly between the hours of 9:00 p.m. and 8:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in the vicinity.
[Amended 7-18-1989 by L.L. No. 13-1989]
(2) 
The shouting and crying of peddlers, hawkers and vendors.
E. 
Animals. The keeping or harboring of any animal which by causing frequent or long-continued noise shall disturb the comfort or repose of any persons in the vicinity.
[Amended 1-22-2013 by L.L. No. 1-2013]
F. 
The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, air compressor or motor vehicle engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
G. 
Deliveries and pickups. The making of deliveries of supplies or merchandise or collection of garbage or refuse of any store or other place of business between the hours of 9:00 p.m. and 6:00 a.m., except in cases of emergencies.
[Amended 7-18-1989 by L.L. No. 13-1989]
H. 
Blowers. The operation of any noise-creating blower or power fan or any internal-combustion engine, the operation of which causes noise due to the detonation of operating gases or fluids or the expulsion of air unless the noise from such blower or fan is muffled and such engine is equipped with a muffler, baffling device or effective noise-absorbent material sufficient to deaden such noise.
I. 
Loudspeakers and amplifiers in all Village parks at any time.
[Added 1-22-2013 by L.L. No. 1-2013]
[Amended 7-18-1989 by L.L. No. 13-1989; 6-6-1995 by L.L. No. 6-1995; 11-14-2000 by L.L. No. 4-2000]
The following shall be permitted noises:
A. 
Sound created by persons engaged in construction work between the hours of 8:00 a.m. and 7:00 p.m. weekdays, and on Saturdays and holidays, between the hours of 9:00 a.m. and 6:00 p.m. Sounds created by persons engaged in construction work between the hours of 7:00 p.m. and 8:00 a.m. weekdays and between the hours of 6:00 p.m. and 9:00 a.m. on Saturdays and holidays may be permitted by the Department of Architecture, Land Use Development, Buildings and Building Compliance in the case of work to repair, maintain, demolish, or replace property owned or to be owned by the Village or another public corporation. Sounds created by persons engaged in construction work on Sundays may be permitted by the Police Department and Department of Architecture, Land Use Development, Buildings and Building Compliance if the work is of an emergency nature. In the case of any permission given by the Police Department or the Department of Architecture, Land Use Development, Buildings and Building Compliance, a permitting department may impose such conditions regarding noise, lighting, traffic control, hours of work, staging, and any other aspect of the work as may be reasonable and appropriate to mitigate any annoyance, disturbance, injury, or danger to the comfort, repose, health, peace, or safety of a reasonable person of normal sensibilities that may be threatened or caused by the work.
[Amended 1-22-2013 by L.L. No. 1-2013; 5-23-2017 by L.L. No. 4-2017]
B. 
Sound created by any government agency by the use of public warning devices.
C. 
Sound created by lawn mowers, rakers, or leaf vacuums in use between the hours of 8:00 a.m. prevailing time and 9:00 p.m. weekdays, 9:00 a.m. prevailing time and 8:00 p.m. on Saturdays and holidays, and 12:00 noon prevailing time and 6:00 p.m. on Sundays.
[Amended 7-27-2010 by L.L. No. 8-2010; 1-22-2013 by L.L. No. 1-2013]
D. 
Sound created by public utilities in carrying out the operations of their franchise.
E. 
Sounds connected with sporting events of any public or private school.
F. 
Sound created by gas-powered leaf blowers, from October 1 of each year through the Friday commencing Memorial Day weekend of the following year between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday; 9:00 a.m. and 3:00 p.m., Saturdays and holidays; and 12:00 noon and 2:00 p.m., Sundays, prevailing time, effective October 1, 2010.
[Added 7-27-2010 by L.L. No. 8-2010; 1-22-2013 by L.L. No. 1-2013]
[Amended 7-18-1989 by L.L. No. 13-1989; 11-15-1994 by L.L. No. 16-1994; 1-22-2013 by L.L. No. 1-2013]
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be subject to a fine not to exceed $250, 15 days' imprisonment, or both. Each day that a violation shall continue shall constitute a separate offense.[1]
[1]
Editor's Note: Original § 36-7.1, Impoundment of device, of the 1965 Code, added 11-15-1994 by L.L. No. 14-1994, which immediately followed this section, was repealed 1-22-2013 by L.L. No. 1-2013.