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Editor's Note: Original § 144-0 of this Article provided the following declarations of findings and policy: "It is universally concluded that excessive sound and vibration are hazards to the public health, welfare, safety and quality of life; and a substantial body of science and technology exists through which excessive sound and vibration may by substantially abated; and being mindful that those of us within the Town are entitled to live in an environment free from excessive sound and vibration which may deprive health, welfare or safety or degrade the quality of life, it is, therefore, the policy of the Town of Hempstead to prevent excessive sound and vibration which may jeopardise the health, welfare or safety of its citizens or degrade the quality of life. Accordingly, this chapter shall apply to the control of all sound and vibration originating within the limits of the Town of Hempstead."
As used in this Article, the following terms shall have the meanings indicated:
DECIBEL
A unit for measuring the volume of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of sound measured to the reference pressure, which is 20 micropascals or 20 micronewtrons per square meter.
DEMOLITION
Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE
Any sound which either endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivity or endangers or damages property; same as "unreasonable noise."
REAL PROPERTY BOUNDARY
An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by another person, but not including intrabuilding real property divisions.
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of the sound being described.
UNREASONABLE NOISE
Any sound which either endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivity or endangers or damages property; same as "noise disturbance."
A. 
It shall be unlawful and an offense against this chapter for any person to unreasonably make, continue or cause to be made or continued any unreasonable noise or noise disturbance.
B. 
Sound emanating from public speaking and public assembly activities conducted on public property shall be exempt from the provisions of Subsection A of this section.
Any conduct contributing toward participation in any of the following activities hereby is declared to be offenses against this chapter:
A. 
The sounding of any horn or signal device on any automobile, motorcycle, truck, bus or other vehicle, except as a warning signal pursuant to the provisions of the Vehicle and Traffic Law of the State of New York.
B. 
Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in such a manner as to create a noise disturbance across a real property boundary.
C. 
Owning, possessing or harboring any animal or bird which howls, barks, meows, squawks or makes any other sounds which creates a noise disturbance across a residential real property boundary.
D. 
The use of any automobile, motorcycle or other vehicle in such a manner as to create a noise disturbance across a residential real property boundary.
E. 
The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger.
F. 
The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine or motor vehicle, except through a muffler or other sound-dissipative device which effectively will prevent loud or explosive noises therefrom.
G. 
The erection, including excavating, demolition, alteration or repair, of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in a case of urgent necessity in the interest of public safety, and then only with a permit from the Department of Buildings, which permit may be renewed for a period of three days or less while the emergency continues.
H. 
Creating or causing the creation of any sound on any street or public property adjacent to any school, institution of learning or court while the institution or court is in session, or adjacent to any hospital, which unreasonably interferes with the workings of the institution, court or hospital, provided that conspicuous signs are displayed in the area indicating that it is a school, hospital or court area.
I. 
Loading, unloading, opening, closing or other handling of boxes, crates or other containers in such a manner so as to create unreasonable noise.
J. 
Offering for sale or selling anything by shouting or outcry or making any other types of shouting or outcry within a residential area, thus creating unreasonable noise across a residential real property boundary.
K. 
The use of any loudspeaker or amplifier device such that the sound therefrom creates unreasonable noise across a real property boundary.
L. 
Using any radio apparatus, loudspeaker, public address system or similar device between the hours of 11:00 p.m. and 9:00 a.m. producing sound across a real property boundary. Nothing herein contained shall be construed to prevent the operation of a radio apparatus, loudspeaker, public address system or similar device used in any reasonable manner within any building or structure that does not project sound across a real property boundary.
M. 
Operating or permitting the operation of any mechanical powered saw, sander, drill, grinder, lawn or garden tool, snowblower or similar device, which creates an unreasonable noise across a real property boundary other than between the hours of 8:00 a.m. and 9:00 p.m. on Saturdays and Sundays, and between the hours of 7:00 a.m. and 9:00 p.m. on Mondays through Fridays.
[Amended 6-20-2017 by L.L. No. 52-2017, effective 6-29-2017]
N. 
The operation of any machinery, equipment, pump, fan, exhaust fan, attic fan, air-conditioning apparatus or similar mechanical device in such a manner as to create an unreasonable noise across a real property boundary.
O. 
Burglar or fire alarm.
(1) 
The installation, maintenance or use of any audible burglar alarm or fire alarm that is not provided with a device that will automatically shut off such alarm after 30 minutes of continuous sound.
(2) 
Allowing or permitting such burglar alarm or fire alarm to emit sound audible beyond the real property boundaries of the user of said alarm for a continuous period of more than 30 minutes, whether or not said alarm has been equipped with the automatic shutoff device hereinabove required.