[HISTORY: Adopted by the Board of Trustees of the Village
of New Hempstead 9-6-1984 by L.L.
No. 22-1984; amended in its entirety 2-26-2019 by L.L. No. 2-2019.
Subsequent amendments noted where applicable.]
The Board of the Village finds that unreasonable noise, as that
term(s) is/are defined herein, degrades the environment of the Village
to a degree which is harmful and detrimental to the public health,
safety and welfare of its inhabitants. Such noise interferes with
the comfortable enjoyment of life, property and recreation and with
the conduct and operation of business and industry. No one has the
right to create unreasonable noise as defined herein. Effective control
and elimination of unreasonable noise is essential to the furtherance
of the public health, safety and welfare of the village's inhabitants
and to the conduct of the normal pursuits of life, recreation, commerce
and industrial activity.
For the purpose of this chapter, the terms used herein are defined
as follows:
Village Board of Trustees.
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
Any occurrence or set of circumstances involving actual or
imminent physical trauma, danger to human life or property damage
which demands immediate action.
Any work or action necessary to deliver essential services,
including, but not limited to, repairing water, gas, electricity,
telephone and sewer facilities and public transportation, removing
fallen trees on public rights-of-way and abating life-threatening
conditions.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or similar place that is owned or controlled by a governmental entity.
Any real property or structures located thereon owned or
controlled by a governmental entity.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Any property used for human habitation.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
Any airborne sound or series of sounds of such level and duration
as to be or which tends to be injurious to human health, safety or
welfare or that would unreasonably interfere with the enjoyment of
life or property;
Any airborne sound or series of sounds that would endanger the
safety or health of or disturb a reasonable person of normal sensitivities
or endanger personal or real property; and/or
Any sound or series of sounds so unreasonably loud, noisy, offensive
or disruptive as to cause public inconvenience, annoyance or alarm.
Any carrier which is propelled or drawn on hand or water
by an engine or motor or other artificial or natural means of propulsion.
The Village of New Hempstead, Rockland County, New York.
A.
It shall be unlawful for any person to willfully make or continue
or cause to be made or continued any loud, unreasonable or unusual
noises which disturbs the peace and quiet of any neighborhood or which
causes discomfort or annoyance to any person residing in the area.
B.
The following acts are declared to be loud, unreasonable or unusual
noise in violation of this chapter.
(1)
The operation of any radio, electronic device or phonograph or the
use of any musical instrument in such a loud and unreasonable manner
or as to annoy or disturb the quiet, comfort or repose of the public.
(2)
The keeping of any animal or bird which, by making frequent or long-continued
noise, disturbs the comfort and repose of people in a residential
area.
(3)
The use of any automobile, motorcycle, trail bike, minibike, snowmobile,
bus, vehicle, boat, truck, all-terrain vehicle, motor-driven equipment
or motor-driven vehicle or other type of water or seagoing vessel
in such a manner as to create loud, unreasonable or unnatural grating,
rattling or other noise.
(4)
The blowing of any steam whistle attached to any stationary boiler
except to give notice of the time to begin and stop work or as a warning
of danger.
(5)
The discharge to the open air or the exhaust of any steam engine,
stationary internal-combustion engineer or motor vehicle engine, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(6)
The erection, excavation, demolition, alteration or repair of any
building other than between the hours of 7:00 a.m. and 7:00 p.m.,
prevailing time, weekdays and between the hours of 9:00 a.m. and 5:00
p.m., prevailing time, legal holidays, Saturdays and Sundays, except
in cases of urgent necessity in the interest of public safety as determined
by the Building Inspector or other applicable laws in the Code of
the Village.
(7)
The creation of any noise of unreasonable extent and duration 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 workings of such institutions, provided that conspicuous
signs are displayed in such streets indicating that the same is a
school, hospital or court street.
(8)
The creation of a loud and excessive noise in connection with the
loading or unloading of any vehicle or the opening and destruction
of bails, crates and containers in such a manner as to create an unreasonable
noise of unreasonable extent and duration.
(9)
The shouting and crying of peddlers, hawkers and vendors which unreasonably
disturbs the peace and quiet of the neighborhood.
(10)
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.
(11)
The sounding of any horn or signal device on any vehicle, motorcycle,
bus or other device except as a warning signal pursuant to the provision
of Subdivision 1 of § 375 of the Vehicle and Traffic Law
of the State of New York.
(12)
The use of any radio apparatus, loudspeaker, amplifier or other
electronic device attached thereto in such manner that the loudspeaker
shall cause the sound from such radio apparatus or amplifier to be
projected directly therefrom outside of any building or out-of-doors
or the use of any radio apparatus, loudspeaker or amplifier which
is in any way fastened to or connected with any outside wall or window
in any building or structure so that the sound therefrom is projected
outside of such outside wall or window. Nothing herein contained shall
be construed to prevent the operation of a radio apparatus or electronic
device used in a reasonable manner by any person within any building
or structure, provided that said radio apparatus or loudspeaker is
not so arranged that such loudspeaker shall project the sound therefrom
directly outside of any building or out-of-doors.
(13)
The creation of any noise, including yelling, shouting or hooting,
which causes public inconvenience or alarm or disturbs the public's
peace, comfort or tranquility.
(14)
Explosives, firearms and similar devices so as to create a noise
disturbance.
(15)
The operating or permitting the operation of any device that
creates vibration which is above the vibration perception threshold
of an individual beyond the property where the source is located.
For the purposes of this section, "vibration perception threshold"
means the minimum ground or structure-borne vibrational motion necessary
to cause a normal person to be aware of the vibration by such direct
means as, but not limited to, sensation by touch or visual observation
of moving objects.
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 lawn maintenance/landscaping between the hours
of 7:00 a.m. and 7:00 p.m., prevailing time, weekdays and between
the hours of 9:00 a.m. and 6:00 p.m., prevailing time, legal holidays,
Saturdays and Sundays.
D.
Sounds created by public utilities in carrying out operations of
their franchises during daylight hours, except for an emergency.
E.
Sounds connected with sporting events of any public or private school
or authorized carnival, fair, exhibition, parade or other such events
open to and requested by the public at large and allowed by permit
of the Board.
F.
Sounds on private property which do not carry beyond the boundary
lines of the property on which they are created.
G.
The use of loudspeakers in connection with voter registration projects
and, within 30 days prior to an election, the use of loudspeakers
in connection with election campaigns between 9:00 a.m. and 8:00 p.m.,
prevailing time.
H.
Between the hours of 7:00 a.m. and 9:00 p.m., sounds created in the
exercise of any trade, industry, business or employment, provided
that it is not conducted in such a manner as to create any unreasonable,
unnecessary or unusual noise of an unreasonable extent and duration.
I.
Sounds created by snowblowers or other snow-removal devices during
hours that necessitate removal of snow; provided, however, that the
operation of such devices is conducted in a reasonable manner and
for a reasonable extent of time.
Whoever violates this chapter shall be fined not more than $300
nor less than $100 for the first offense. Second and subsequent offenses
shall result in a mandatory fine of $300. Whoever violates any provision
of this chapter shall pay restitution to the Village in an amount
equal to all costs and expenses, including reasonable attorney's
fees, incurred by the village in the prosecution of this chapter.
Nothing contained herein shall be deemed or construed so as
to prevent the enforcement of any other remedy at law, concurrent
or otherwise, available to the Board or other law enforcement authority,
such as the governing Police Department, Village Building Inspector
and/or Code Officer/Enforcer, to avoid or prevent any violation or
attempted violation of this chapter, such as but not limited to an
injunction or restraining order.
This chapter is in addition to any other law, ordinance or regulation
affecting the subject matter herein and is not in limitation hereof.
If any section, part or provision of this chapter or the application
thereof to any person, property or circumstance is adjudged invalid
by any court of competent jurisdiction, such judgment shall be confined
in its operation to the section, part, provision or application directly
and expressly adjudged invalid and shall not affect or impair the
validity of the remainder of this chapter or the application thereof.
Any title enumerated under this chapter is for organization
purposes only and shall not be deemed part of the text of this chapter.
No provision of this chapter shall be construed to impair any
common law or statutory cause of action or legal remedy therefrom
of any person for injury or damage arising from any violation of this
chapter.
This chapter shall take effect immediately upon adoption, publication
and posting as required by law.
