This chapter shall be known as the "Village of Briarcliff Manor
Noise Control Law."
It is hereby declared to be the policy of the Village of Briarcliff
Manor to safeguard the right of its residents within the privacy of
their homes and property to be free from intrusive unwanted sounds.
Problems concerning disturbance of peace and quiet by noise from various
activities are best solved by thoughtful discussions and cooperative
agreements between affected parties. However, to resolve remaining
problems of noise, which is disturbing to others, it is the policy
of the Village of Briarcliff Manor to establish standards, enforcement
procedures and penalties.
As used in this chapter, the following terms and phrases shall
mean:
DECIBEL (dB)
A unit for measuring the volume of sound, equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to a standard pressure of 20 micronewtons per square
meter.
HOLIDAYS
New Year's Day; Dr. Martin Luther King, Jr., Birthday;
Lincoln's Birthday; Columbus Day; Election Day; Veterans'
Day; Washington's Birthday; Easter; Memorial Day; Independence
Day; Labor Day; Yom Kippur; Thanksgiving Day; and Christmas.
MUSICAL DEVICE
Any radio, television tape/CD/DVD player, musical instrument
or instruments, amplifier, karaoke machine, or other machine or device
for the production or reproduction of sound.
OFF-ROAD MOTOR VEHICLES
Motorized vehicles, whether licensed or unlicensed, including
but not limited to snowmobiles, motorcycles, motorized bicycles, mopeds,
minicycles, minibicycles or minibikes, trail bicycles or trail bikes,
go-carts, all-terrain vehicles and all motor vehicles normally manufactured
for use or operation off public highways.
SOUND LEVEL
The sound-pressure level measured in decibels with a sound-level
meter set to a weighting expressed in dB(A).
SOUND-LEVEL METER
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under ANSI Specification S1.4-1971 or
the latest approved revision thereof.
ZONING DISTRICT
Any zone as defined in the Zoning Ordinance of the Village of Briarcliff Manor.
The provisions of this chapter shall in no case remove, or render
less restrictive, limitations on noise generation or other conditions
imposed for specific properties by actions of the Briarcliff Manor
Zoning Board of Appeals or by actions of the Briarcliff Manor Planning
Board or required under other applicable laws or regulations.
The provisions of this chapter shall be enforced by the Police
Department of the Village of Briarcliff Manor, a Code Enforcement
Officer, or other officials designated by the Village Board. A noise
disturbance, or other violation of this chapter, may be substantiated
by any of the following:
A. Sworn affidavits from two or more unrelated persons who reside in
different residences and who are in general agreement as to the times
and durations of the noise; or
B. Direct observation by an officer or official tasked with enforcement
of this chapter; or
C. A noise in excess of the maximum permissible sound levels, as measured by a sound level device, as set forth in §
146-4B herein.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder of this chapter, but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the litigation in which such judgment shall have been
rendered.
Existing Chapter
146, §§
146-1 through
146-5, of the Briarcliff Manor Code is hereby repealed and is hereby replaced with the Local Law No. 6 of 2019, also entitled herein as the "Village of Briarcliff Manor Noise Control Law."
This chapter shall take effect immediately upon filing in the
office of the Secretary of State of New York.