No person or business entity shall make, continue, allow, permit,
cause or maintain any noise disturbance by any means within the Town
of Huntington. The following factors shall be considered in determining
the existence of a noise disturbance: the volume of the noise; the
time of day or night the noise occurs; the duration of the noise;
the proximity to a neighboring residential property that the noise
occurs.
The following acts, among others, are declared to be noise disturbances
in violation of this chapter, but said enumeration shall not be deemed
to be exclusive, namely:
(A)Â
Radios, stereos, musical instruments, MP3 players, television sets
and other similar devices. It shall be unlawful to operate, use, or
play, or to cause, allow or permit another to operate or use any radio,
stereo, television set, musical instrument, MP3 player or other device
for producing, reproducing, or transmitting sound in such manner as
to disturb the peace, quiet and comfort of the surrounding community;
the use and enjoyment of surrounding properties; or, at any time,
of louder volume than is necessary or is unreasonably loud for the
convenient hearing of those in the room, vehicle, chamber or area
in which such device is operated. The operation of any such set, instrument,
apparatus or device between the hours of 11:00 p.m. and 7:00 a.m.
in such a manner as to be plainly audible at a distance of fifty (50)
feet from the building, structure, vehicle or area where such device
is located shall be prima facie evidence of a violation of this section.
(B)Â
Horns and signaling devices. The sounding of any horn
or signaling device on any automobile, motorcycle, streetcar or other
vehicle on any street or public place of the Town of Huntington except
as a danger warning; the creation by means of any such signaling device
of any unreasonably loud or harsh sound; the sounding of any such
device for an unreasonable period of time; the use of any signaling
device except the one operated by hand or electricity; the use of
any horn, whistle or other device operated by engine or exhaust; and
the use of any such signaling device when traffic is for any reason
held up.
(C)Â
Yelling and shouting. Yelling, shouting, hooting,
whistling or singing on any public street, sidewalk, business premises
open to the public, office or any public property, when intentionally
done to create or recklessly creating a risk of public annoyance,
alarm or inconvenience.
(D)Â
Animals and birds. The keeping of any one (1) or more
animals or birds whose noise, by virtue of loudness, duration, frequency
or intensity, causes public inconvenience, annoyance or alarm; or
creates noise disturbance.
(1)Â
Any animal or bird noise occurring between 10:00 p.m.
and 8:00 a.m., and plainly audible at a distance fifty (50) feet from
the place of origination of the noise, shall be prima facie evidence
of a violation of this chapter.
(2)Â
Any animal or bird noise occurring for any continuous
period of five (5) minutes or more, or an aggregate of fifteen (15)
minutes or more in any eight-hour period, when such noise is plainly
audible inside any portion of a dwelling, residence, office or apartment
other than the place where the noise originated, shall be prima facie
evidence of a violation of this chapter.
(E)Â
Exhausts. The discharge into the open air of the exhaust
of any internal-combustion engine, motorboat or motor vehicle except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(F)Â
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such a manner
as to create loud and grating, grinding, rattling or other noise disturbance.
(G)Â
Pile drivers and hammers. The operation between the
hours of 10:00 p.m. and 7:00 a.m. of any pile driver, pneumatic hammer,
derrick, electric hoist or other appliance, the use of which is creates
a noise disturbance.
(H)Â
Loading and unloading. The creation of a loud disturbance
in connection with the loading or unloading of any vehicle, boat,
barge or train or the opening and destruction of bales, boxes, crates
and containers.
(I)Â
I. Construction or repairing of buildings. 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. Weekdays
shall not include Saturday, Sunday or legal holidays.
(1)Â
Permits for the construction or repairing of buildings on Saturdays
between the hours of 9:00 a.m. and 5:00 p.m. may be issued at the
discretion of the Director of Engineering, or the Director's designee,
upon consideration of the following factors: character of the area,
urgency of the work to be performed, nature of the construction, and
whether the work will be performed indoors or outdoors. Such factors
as well as the number of Saturdays requested to perform authorized
work shall be set forth on the application. Applications submitted
for permits authorizing the construction or repairing of buildings
on a Saturday shall be accompanied by the fees set forth in Chapter
87-23(H).
(2)Â
The Director of the Department of Engineering Services may also
issue a permit for work outside of the hours between 7:00 a.m. and
6:00 p.m. on weekdays in the case of an emergency. In the case of
an emergency a permit may be granted for a period not to exceed three
(3) days while the emergency continues and which permit may be renewed
for periods of three (3) days or less while the emergency continues.
(3)Â
Nothing in this section shall prevent or prohibit a property
owner from performing minor maintenance or repair of any building
on his property if the work being performed does not require a building
permit.
(J)Â
Schools, courts, religious institutions, hospitals.
The creation of any noise disturbance on any street adjacent to any
school, institution of learning, religious institution or court while
the same is in use, or adjacent to any hospital, which unreasonably
interferes with the workings of such institution or which disturbs
or unduly annoys patients in the hospital, provided that conspicuous
signs are displayed in such streets indicating that the same is a
school, hospital or court street.
(L)Â
Drums and other instruments. The use of any drum or other instrument
or device for the purpose of attracting attention by creation of noise
at any performance, show or event.
(M)Â
Transportation of metal rails, pillars and columns.
The transportation of rails, pillars or columns of iron, steel or
other material over and along streets and other public places upon
carts, drays, cars, trucks or in any other manner, so loaded as to
cause loud noises or as to disturb the peace and quiet of such streets
or other public places.
(N)Â
Gas-Powered Leaf Blowers.
(1)Â
The
operation of any gas-powered leaf blower device during the following
days and times shall be deemed a noise disturbance:
(a)Â
Monday through Friday prior to 8:00 a.m. or after 6:00 p.m.; or
(b)Â
Saturdays between Memorial Day and Labor Day; and on Saturdays prior
to 9:00 a.m. or after 5:00 p.m. during the remainder of the calendar
year; or
(c)Â
Sunday or holidays.
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Notwithstanding the above, a gas-powered leaf blower device
may be used on Saturdays, Sundays or holidays between 9:00 a.m. and
5:00 p.m. as set forth below and not be deemed a noise disturbance:
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(1)
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use by property owners; or
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(2)
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use by governmental entities; or
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(3)
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use by commercial landscapers performing commercial landscaping
services at cemeteries, golf courses, government properties, and public
school-owned properties, or in commercial and industrial zones.
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(2)Â
A
gas-powered leaf blower device shall only be operated for two (2)
hours of use per property on weekdays, and if permitted as set forth
above, one (1) hour of use per property on Saturdays, Sundays or holidays.
These time restrictions shall not apply to spring clean-ups (March
15th through April 30th each calendar year) or fall clean-ups (November
1st through December 20th each calendar year).
(3)Â
In
the event of an emergency as determined by the Director of Public
Safety, or the Director's designee, the restrictions set forth herein
may be suspended.
(O)Â
Loudspeakers. The operation of any loudspeakers or speaker systems
or any device for the production, amplification, intensification or
reproduction of sound, in a manner that creates annoyance, alarm,
inconvenience or noise disturbance.
(P)Â
Recreational
Vehicles.
[Added 9-14-2021 by L.L. No. 48-2021]
(1)Â
The
operation of any recreational vehicle on private, residentially-zoned
property during the following days and times shall be deemed a noise
disturbance:
(2)Â
Exemption:
The provisions of this chapter shall not apply to the operation of
any recreational vehicle on private, residentially-zoned property
while engaged in snow removal activities.
Unless otherwise stated in this chapter, the use of any sound
device, machinery, equipment, or engine so as to cause the sound produced
thereby to be audible outside the building or beyond the property
lines of where it originates between the hours of 11:00 p.m. and 7:00
a.m. the following day shall be prima facie evidence of a violation
of this chapter.
