[HISTORY: Adopted by the Board of Trustees of the Village
of Wesley Hills 11-13-1984 by L.L. No. 11-1984. Amendments noted
where applicable.]
This chapter shall be cited and may be referred to hereinafter
as the "Noise Pollution Control Law of the Village of "Wesley Hills."
It is the intention of the Board of Trustees of the Village
of Wesley Hills by the adoption of this chapter to establish and impose
restrictions upon the creation of excessive, unnecessary or unusually
loud noise within the limits of the Village of Wesley Hills in pursuance
of and for the purpose of securing and promoting the public health,
comfort, convenience, safety, welfare, prosperity and the peace and
quiet of the Village of Wesley Hills and its inhabitants.
As used in this chapter, the following terms shall have the
meanings indicated:
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Any vehicle, such as but not limited to a passenger vehicle,
truck, truck-trailer, trailer or semitrailer, propelled or drawn by
mechanical power, and shall include motorcycles, snowmobiles, minibikes,
go-carts and any other vehicle which is self-propelled.
Any individual, association, partnership or corporation,
including any officer, employee, department, agency, or instrumentality
of the state or any political subdivision of a state.
An adjective referring to any sound that can be detected
by a person using his or her unaided hearing faculties. As an example,
if the sound source under investigation is a portable or personal
vehicular sound-amplification or reproduction device, the detection
of the rhythmic bass component of the music is sufficient to verify
plainly audible sound. It is not necessary for the listener to be
able to determine the title, specific words, or the artist performing
the song.
[Added 11-14-2006 by L.L. No. 6-2006]
Any street, avenue, boulevard, road, highway, sidewalk, alley,
or easement that is owned, leased, or controlled by a governmental
entity.
[Added 11-14-2006 by L.L. No. 6-2006]
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
[Added 11-14-2006 by L.L. No. 6-2006]
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.
A noise of a type or volume that a reasonable person of normal
sensitivities, under the circumstances, would not tolerate.
A.
No person, with intent to cause public inconvenience, annoyance or
alarm, or recklessly creating a risk thereof, shall make, or cause
or allow to be made, unreasonable noise.
B.
Noise level limits.
(1)
No person shall engage in any activity which results in or causes
the production of noise which exceeds, at any point on or beyond any
lot line, the maximum decibel level for the designated octave band
as set forth in the following table:
|
Octave Band
(cycles per second)
|
Sound-Pressure Level
(decibels)
| |
|---|---|---|
|
0 to 74
|
60
| |
|
75 to 149
|
52
| |
|
150 to 299
|
49
| |
|
300 to 599
|
44
| |
|
600 to 1,199
|
39
| |
|
1,200 to 2,399
|
36
| |
|
2,400 to 4,799
|
32
| |
|
4,800 to 20,000
|
29
|
(2)
For the purpose of measuring the intensity and frequencies of sound,
sound-level meters and octave filters shall be employed. Octave band
analyzers calibrated with pre-1960 octave bands (American Standards
Association Z24.10-1953, Octave Bank Filter Set) shall be used. Sounds
of short duration, which cannot be measured accurately with the sound-level
meter, shall be measured with an impact noise filter in order to determine
the peak value of the impact.
C.
No person shall keep, permit or maintain any animal under his control
which makes sounds which create a public nuisance or create unreasonable
noise across a residential real property boundary. The provisions
of this subsection shall apply with equal force to veterinarian facilities,
kennels, and animal shelters of any type.
D.
No person shall operate or permit to be operated any tools, machinery
or equipment used in construction, drilling or demolition work except
between the hours of 8:00 a.m. and 9:00 p.m. on Mondays through Fridays
and 10:00 a.m. and 6:00 p.m. on Saturdays, Sundays and legal holidays.
E.
No person shall operate or permit the operation of any mechanically
powered saw, sander, drill, grinder, lawn or garden tool, lawn mower
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.
F.
No person shall cause or permit to be caused the sounding of any
horn or other auditory signaling device on or in any motor vehicle
except to serve as a danger warning.
G.
No person shall repair, rebuild, modify or test any motor vehicle
in such a manner as to cause unreasonable noise across a residential
real property boundary.
H.
No person shall discharge into the open air the exhaust of any steam
engine, stationary internal-combustion engine, air-compressor equipment,
motor vehicle or other power device, which is not equipped with an
adequate muffler in constant operation and properly maintained to
prevent any unreasonable noise, and no such muffler or exhaust system
shall be modified or used with a cutoff, bypass or similar device
which causes said engines, vehicles or other power devices to create
unreasonable noise.
I.
No person shall operate or cause to be operated a sound reproduction
device that produces unreasonable noise across a real property boundary.
The operation of a sound reproduction device which produces noise
across a real property boundary between the hours of 10:00 p.m. and
8:00 a.m. of the following day shall be conclusively presumed to be
a violation of this subsection.
[Amended 11-14-2006 by L.L. No. 6-2006]
J.
Sound reproduction devices in public places.
(1)
No person shall operate or use or cause to be operated or used any
sound reproduction device in any public place in such a manner that
the sound emanating therefrom creates unreasonable noise across a
real property boundary.
(2)
This subsection shall not apply to any person participating in a
school band or in a parade, or sounds emanating from sporting, entertainment
or other public events where such devices are used.
K.
No person shall load 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 6:00 a.m. of the following day.
L.
No person shall operate or cause to be operated music or sound amplification
or reproduction equipment in such a manner that it is plainly audible
at a real property boundary between the hours of 10:00 p.m. and 8:00
a.m. of the following day.
[Added 11-14-2006 by L.L. No. 6-2006]
M.
No person shall operate or cause to be operated self-contained, portable,
handheld music or sound amplification or reproduction equipment on
a public space or public right-of-way in such a manner as to be plainly
audible at a distance of 50 feet in any direction from the operator
between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of
10:00 p.m. and 8:00 a.m. of the following day, sound from such equipment
shall not be plainly audible by any person other than the operator.
[Added 11-14-2006 by L.L. No. 6-2006]
The provisions of this chapter shall not apply to:
A.
The emission of sound for the purpose of alerting persons to the
existence of an emergency.
B.
The emission of sound in the performance of emergency work.
C.
The emission of sound in the performance of snowplowing and/or snowblowing
operations in connection with snow removal and snow clearing operations.
[Added 1-4-2011 by L.L. No. 1-2011]
This chapter shall be enforced by Police Department personnel
or the Mayor, Deputy Mayor, or Code Inspector of the Village of Wesley
Hills.
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
not to exceed $500 or a sentence of imprisonment not to exceed 15
days, or both. Each day's continued violation shall constitute
a separate violation.
B.
In addition to all other remedies provided for herein, the Board
of Trustees may also enforce obedience to this chapter by injunction
or by any other remedy available to it by virtue of the judicial process.
