[HISTORY: Adopted by the Board of Trustees of the Village of Nyack 10-11-1990 by L.L. No. 8-1990; amended in its entirety 12-8-2011 by L.L. No. 14-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Public consumption of alcohol — See Ch. 127, Art. I.
Curfew — See Ch. 153.
Disorderly conduct — See Ch. 159.
Public performances — See Ch. 180.
Peddling and soliciting — See Ch. 254.
[Amended 7-14-2022 by L.L. No. 4-2022]
A. 
It is the declared policy of this chapter to promote and ensure an environment free from noise which threatens or affects the well-being of the people; to protect, promote and preserve the public health, safety and welfare by reducing and otherwise regulating noise levels; to promote the use and enjoyment of property; to protect the value of property; to protect the enjoyment of sleep and repose; to promote commerce and to keep noise levels in the commercial areas in the Village of Nyack at levels where they will not adversely affect businesses located near the source of the sounds; and to protect and improve the quality of life and environment.
B. 
The necessity for legislative intervention by the enactment of the provisions of this chapter should be liberally construed to effect its purposes.
[Amended 7-14-2022 by L.L. No. 4-2022]
It is the intent and purpose of this chapter to regulate the emission of noise and vibration and to limit the noise created or played in residential areas and commercial areas of the Village, and in places of public assembly late at night and in the early morning.
A. 
All terminology used in this chapter, not defined below, shall be in substantial conformance with applicable published standards of the American National Standards Institute (ANSI) or its successor bodies.
B. 
As used in this chapter, the following terms shall have the meanings as indicated:
DECIBEL (DB)
A unit for measuring the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma, or property damage which requires immediate action.
EOUIVALENT-ENERGY LEVEL (LEQ)
The level of a steady-state noise that has the same sound energy as a given time-varying noise.
IMPULSIVE SOUND
Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of impulsive sounds include explosions, drop impacts and firearm discharges.
MOTOR VEHICLE
Every vehicle which is not self-propelled, except an electrically driven invalid chair being operated or driven by an invalid, which includes but is not limited to a passenger vehicle, truck, truck-trailer, trailer or semitrailer, motorcycle, snowmobile, minibike and Go-Kart.
MULTIFAMILY DWELLING
Any housing unit where two or more dwellings are separated by a common wall, floor, or ceiling, including but not limited to apartments, condominiums and townhouses.
NOISE LEVEL
The amplitude of sound pressure referenced to 20 micropascals, measured in decibels, using the A-weighting network (for the purposes of this chapter).
NOISE LEVEL MEASUREMENT
The procedure of measuring sound consisting of the usage of a precision sound level meter (SLM), as defined in this section, set to "fast" response. If the sound level meter is analog with a VU meter, then the response shall be "slow" unless the noise issue is impulsive. The meter must be calibrated before any measurements and the microphone shall be a minimum of 3 1/2 feet from any wall, floor or other large sound-reflecting surface. The meter shall be protected from wind or other extraneous noise by the use of screens, shields or other appropriate devices.
OWNER
Includes the owner of the freehold of the premises or lessor estate therein; or mortgagee thereof, a lessee or agent of any of the above persons, a lessee of a device or his agent, a tenant, operator or any other person who has regular control of a building, device or an apparatus.
PERSON
Any individual, association, partnership or corporation, including any officer, employee, department, agency or instrumentality of the state or any political subdivision of a state.
PRECISION SOUND LEVEL METER
A sound pressure level measuring instrument which conforms to the American National Standards Institute (ANSI) specification S1.4 for Type 1 or Type 2 measuring instruments.
REAL PROPERTY BOUNDARY
A line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person.
RESIDENTIAL PROPERTY
Any property legally used for a single-family, two-family or multifamily dwelling as defined in the Zoning Chapter.[1]
SOUND DEVICE OR APPARATUS
Any apparatus or device for the making, reproduction or amplification of the human voice or other sounds.
[1]
Editor's Note: See Ch. 360. Zoning.
[Amended 7-14-2022 by L.L. No. 4-2022; 10-23-2025 by L.L. No. 10-2025]
The following acts, among others, are declared to be loud, disturbing, unnecessary and unreasonable noises in violation of this chapter. Each subsection of this section shall be considered a separate and distinct prohibited noise, and the enumeration herein shall not be deemed to be exclusive:
A. 
The playing or operation of any instrument(s), band, phonograph, machine or other device producing sound or music in such manner as to be plainly audible at the curbline, directly perpendicular to the storefront line of the building or establishment being measured for a violation:
(1) 
Between the hours of 12:00 midnight and 7:00 a.m. on Monday, Tuesday, Wednesday and Thursday; or
(2) 
Between the hours of 2:00 a.m. and 7:00 a.m. on Friday, Saturday and Sunday.
B. 
The playing or operation of any instrument(s), band, phonograph, machine or other device producing sound or music in such manner as to be plainly audible through a common interior partition wall of the building or establishment being measured for a violation and any adjacent building:
(1) 
Between the hours of 12:00 midnight and 7:00 a.m. on Monday, Tuesday, Wednesday and Thursday; or
(2) 
Between the hours of 2:00 a.m. and 7:00 a.m. on Friday, Saturday and Sunday.
C. 
The failure to comply with any condition of a site-specific permit for outdoor dining/sidewalk cafe issued by the Nyack Building Department to the extent that such condition requires windows or doors to be closed at the time that cafe tables are to be removed from the sidewalk of the business, building or establishment holding the permit.
D. 
In any residential zoning district, the operation of any radio receiving set, television set, musical instrument(s), tape recorder, phonograph or other sound device or apparatus in such a manner as to disturb the peace, health, tranquility, comfort and repose of a reasonable person of normal sensibilities at a distance of 50 feet or more from the place, building, structure or vehicle in which it is located. Such a disturbance shall be prima facie evidence of a violation of this section.
E. 
The operation of any tools, machinery or equipment used in construction or repair of any building, except in case of emergency in the interest of public safety, other than:
(1) 
Between the hours of 8:00 a.m. and 6:00 p.m. on Mondays through Fridays; and
(2) 
Between the hours of 9:00 a.m. to 6:00 p.m. on Saturdays, Sundays and legal holidays.
F. 
The operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool (including but not limited to leaf blowers), lawnmower or similar device used outdoors in residential areas between the hours of 9:00 p.m. and 8:00 a.m. of the following day.
G. 
The repair, rebuilding, modifying or testing of any motor vehicle in such a manner as to cause unreasonable noise across a residential real property boundary.
H. 
The keeping or maintaining of any animal which, by causing frequent or long-continued noise, shall create a public nuisance or create unreasonable noise across a residential real property boundary.
I. 
The use of any automobile, motorcycle, bus or vehicle so out of repair, so loaded or in such manner as to create loud and unreasonable grating, grinding, rattling or other noise.
J. 
The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
K. 
The creation of loud, excessive and unreasonable noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
L. 
The loading of any garbage or trash on a compactor truck or any other truck whereby the loading, unloading or handling of boxes, crates, equipment or other objects is conducted between the hours of 9:00 p.m. and 7:00 a.m. of the following day.
M. 
The sounding of any horn or signal device on any vehicle, motorcycle, bus or other device except as a danger warning signal.
N. 
The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
O. 
Yelling and shouting on the public streets at any time or at any place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity.
P. 
The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same is in session or adjacent to any hospital which unreasonably interferes with the working of such institutions, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
Q. 
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any sale or display of merchandise by the creation of noise.
R. 
Except as otherwise permitted in this chapter, any source of sound in excess of the sound level limits set forth herein shall constitute a violation of this chapter. For purposes of determining sound levels from any source of sound, sound level measurements shall be made at a point on the receiving property nearest where the sound source at issue generates the highest sound level.
(1) 
For all sources of sound measured from any property:
(a) 
Nighttime hours (from 10:00 p.m. to 7:00 a.m.): 75 dBA.
(b) 
Daytime hours (from 7:00 a.m. to 10:00 p.m.): 90 dBA.
(2) 
For all sources of sound within a multifamily residential structure transmitting through a common interior partition (wall, floor or ceiling) from one dwelling unit to another:
(a) 
Nighttime hours: 45 dBA.
(b) 
Daytime hours: 60 dBA.
(3) 
Sound level measurements shall be made with a precision sound level meter (Type 1 or 2) set to A-weighting, and "fast" response. "Slow or fast" response may be used for continual sources of sound. For repetitive, impulsive sound, the one-second rms maximum level (Lmax) shall be used. For continuous sound, use the average level or Leq. In multifamily residential structures, the microphone shall be placed no closer than 3 1/2 feet to the wall through which the source of sound at issue is transmitting. The microphone shall also be placed five feet above the floor regardless of whether the source of sound at issue transmits through the floor, ceiling or wall.
(4) 
Corrections for character of sound. In the event the alleged offensive noise contains a steady, audible tone, such as a whine, screech, beating, pulsating, throbbing or hum, the standards set forth in Subsection R(1) and R(2) shall be reduced by five dB.
S. 
The operation, at any time, of a gasoline-powered leaf blower. The operation of an electric-powered or battery-powered leaf blower; except on the following days and during the following times when an electric-powered or battery-powered leaf blower may be operated: 8:00 a.m. until 7:00 p.m. on weekdays, 9:00 a.m. until 5:00 p.m. on Saturdays, and 12:00 noon until 5:00 p.m. on Sundays and on federal and New York State governmentally observed holidays and on days on which school is closed by the Nyack Union Free School District for a holiday, religious holy day or day of observance.
[Amended 10-23-2025 by L.L. No. 10-2025; 1-8-2026 by L.L. No. 1-2026]
The following sounds shall not be deemed to be a violation of this chapter:
A. 
Sounds created by church bells or chimes.
B. 
Sounds created by any government agency by the use of public warning devices.
C. 
Sounds created by lawnmowers in use between the hours of 8:00 a.m. and 9:00 p.m.
D. 
Sounds created by public utilities in carrying out the operations of their franchises.
E. 
Sounds connected with sporting events of any public or private school or authorized carnival, fair, exhibition, parade, outdoor concert, etc., allowed by permit of the Village Board.
F. 
Religious and seasonal music from December 16 through January 1.
G. 
Sounds created by gasoline-powered leaf blowers that are being operated (i) on a property lot that is at minimum of ten acres in size, (ii) during the seasonal time periods of April 1 through May 15, or October 8 through November 21, (iii) on, and during, the following days of week and times of day only: 9:00 a.m. through 4:00 p.m. on weekdays; except on Federal and New York State governmentally observed holidays and on days on which school is closed by the Nyack Union Free School District for a holiday, religious holy day or day of observance (“holidays”), on which holidays the sounds created by the operation of gasoline-powered leaf blowers shall not be permitted. This Subsection G shall be automatically repealed, and shall no longer be in effect, as of December 31, 2028 (“Sunset Date”), without the need for any further action by the Village Board of Trustees or any other Village governmental body.
This chapter may be enforced by Police Department personnel of the Towns of Orangetown and Clarkstown, Building Inspector of the Village of Nyack, Village of Nyack Parking Enforcement Aide, or by any code enforcement official employed by the Village of Nyack. In addition to all other remedies provided for herein, the Board of Trustees may also enforce obedience to this chapter by injunction sought pursuant to Village Law § 20-2006 or other applicable statute, or by any other remedy available to it by virtue of the judicial process.
A. 
Any person who shall refuse or neglect to comply with any section or provision of this chapter shall be guilty of a violation. Each and every violation of this chapter shall be punishable by a fine as follows:
(1) 
Not to exceed $500 on a first offense.
(2) 
Not to exceed $1,500 on a second offense.
(3) 
Not to exceed $2,500 on a third offense.
B. 
Each day's continued violation shall constitute a separate violation.
C. 
The submission of written proof (in a form acceptable to the Village Attorney) of the installation, or proposed installation, of sound attenuation materials in a premises being prosecuted for a violation of § 238-4A or 238-4B of this chapter may be grounds for an adjournment in contemplation of dismissal of the prosecution, provided such sound attenuation materials are designed to achieve compliance with the Code, and will be installed within sixty (60) days of the date of the alleged violation.