The making and creating of disturbing, excessive
or offensive noises within the Village of Port Chester is a condition
which has persisted, and the level and frequency of such noises continues
to increase. These noise levels are a detriment to the public health,
comfort, convenience, safety and welfare of residents. The Board of
Trustees hereby finds and declares that every person is entitled to
an environment in which disturbing, excessive or offensive noise is
not detrimental to his or her life, health or enjoyment of property.
The law is to be construed liberally, but it is not intended to be
construed so as to discourage the enjoyment by residents of normal,
reasonable and usual activities.
[Amended 4-16-2001 by L.L. No. 7-2001; 10-5-2020 by L.L. No. 10-2020]
The provisions of this chapter shall not apply
to the following acts:
A. The emission of sound for the purpose of alerting
persons to the existence of an emergency.
B. Noise from municipal activities.
C. Noise from individually sponsored events where a permit
for public assembly or other relevant permission has been obtained
from the Village that includes a waiver of these requirements.
D. The operation or use of ay organ, bell or chimes by
a place of worship, provided that such operation or use does not occur
before the hours of 10:00 p.m. and 8:00 a.m.
E. Noise from the operation of a snowblower, plow or
other equipment or vehicle used to remove snow and/or ice.
[Added 3-21-2011 by L.L. No. 6-2011; amended 5-20-2020 by L.L. No. 5-2020]
A. The time limitations of §
224-2C(5) of this chapter may be waived by the Board of Trustees on the grounds of exceptional circumstances; provided, however, that no such waiver shall be granted unless the Board finds the following:
(1)
The subject property is located in the CD-5, CD-5W, CD-6, or
CD-6T District;
[Amended 1-19-2021 by L.L. No. 6-2021]
(2)
The party seeking the waiver will suffer a hardship unless the
waiver is granted;
(3)
The granting of a waiver will not cause a substantial or undue
adverse impact upon adjacent property or upon the public health, safety
and welfare;
(4)
The activity, operation, or noise will be temporary in duration;
and
(5)
There are no reasonable alternatives available to the party.
B. The Board of Trustees may enlarge or reduce the said time limitations
so as to grant the minimum waiver that is necessary. The Board shall
attach to such waiver all conditions deemed necessary to protect the
public health, safety or welfare. Failure to abide by all such conditions
shall be grounds for summary revocation of such grant of waiver.
C. Applications for a waiver shall be submitted to the Village Clerk
at least 10 days prior to a meeting of the Board of Trustees considering
the waiver, together with proof of:
(1)
Prior written notice on the property owners within 150 feet
of the property by presenting either a signed acknowledgment or a
return receipt of the certified mail; and
(2)
Posting of a sign, at least three feet by four feet in size,
prominently placed on the property at or about the front property
line.
[Amended 10-5-2020 by L.L. No. 10-2020]
A. Any person
who violates any provision of this chapter shall be subject to the
following penalties:
(1) For
the first conviction: a fine not less than $250 nor more than $500.
(2) For
the second conviction within one year of the first conviction: a fine
not less than $500 nor more than $750.
(3) For
the third or subsequent conviction within one year of the first conviction:
a fine not less than $750 nor more than $1,000.
B. With the
authorization of the Village Manager, the Village Attorney shall commence
the appropriate action or proceeding to prevent the continued violation
of this chapter.
If any word, phrase or part of this chapter
shall be declared unconstitutional, the same shall be severed and
separated from the remainder of this chapter, and said remainder shall
continue in full force and effect.