[HISTORY: Adopted by the Board of Trustees
of the Village of Upper Brookville 6-21-2021 by L.L. No. 1-2021[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law repealed former Ch. 144, Noise,
adopted as Art. 14 of the 1973 General Ordinance; as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Any animal permitted to be kept in the Village.
Any commercial gardener, landscaper, or other individual
involved in lawn or ground maintenance services as a business.
Any commercial arborist, gardener, landscaper, or other individual
involved in the pruning, removal, chipping or cutting of trees, or
tree branches that services as a business.
Any tractor, bulldozer, backhoe, earthmoving machine, cement
mixer, crane or other similar construction machinery.
Any powered leaf blower, mower, chain saw, grinder, chipper,
trimmer or other internal-combustion engine apparatus or landscaping
or tree service equipment used for lawn or ground maintenance and
tree work
Any radio or television set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing
or reproducing of sound.
Any vehicle capable of being operated or driven upon a public
highway which is propelled by any power other than muscular power,
except electrically driven mobility assistance devices operated or
driven by a person with a disability, fire and police vehicles, ambulances
and other emergency vehicles. Motor vehicle shall exclude farm-type
tractors and vehicles used exclusively for agricultural purposes,
or ground maintenance, other than for hire.
Any device of any design or manufacture that is designed
to create unreasonable noise or designed for the purpose of scaring,
frightening or disturbing a domestic animal or wildlife.
Any self-propelled vehicle with a combustion-driven engine
which is primarily used for off-highway operation or competition,
such as, but not limited to, go-cart, all-terrain vehicle, unlicensed
motorcycle, motorbike, snowmobile.
Any loud, unnecessary, unusual or annoying, continuous, repetitive,
intermittent or prolonged noise which annoys, destroys, injures or
endangers the comfort, repose, health, peace or safety of a reasonable
person of normal sensitivity. Factors to be considered in determining
whether a sound is an unreasonable noise may include, but are not
limited to, the following:
The Incorporated Village of Upper Brookville and all properties
within its boundaries.
No person shall make or cause to be made or continued, nor shall
any owner, lessee or occupant of any land in the Village permit to
be made or continued on his premises, any unreasonable noise within
the Village except as permitted in this Code relating to the regulation
of firearms.
Without limiting the provision of § 144-2, the following acts are expressly declared to be unreasonable noise in violation of this chapter:
A.
Horn and signaling device. The sounding of any horn or signaling
device on any boat, motor vehicle or recreational vehicle, except
as a danger or warning signal.
B.
Loudspeaker for advertising or broadcasting. The playing, using,
operating or permitting to be played, used or operated of any loudspeaker
on the public street, public waterway or other public places for the
purpose of advertising or broadcasting which is heard on private property,
unless a permit therefor shall have been issued by the Board of Trustees.
C.
Unnecessary amplification. The playing, using, operating or permitting
to be played, used or operated of any loudspeaker at a volume level
sufficient to cause the sound produced or reproduced to be audible
at a point 10 feet beyond the property boundary line of the property
from which the sound is produced or reproduced.
D.
Animal.
(1)
The keeping or allowing to be kept, of any animal outdoors which
causes unreasonable noise between the hours of 9:00 p.m. and 8:00
a.m. the following morning.
(2)
The keeping or allowing to be kept of any animal which creates or
causes unreasonable noise for a period exceeding 30 minutes in duration.
E.
Exhaust. The discharge of the exhaust of any internal-combustion
engine, without a muffler or other device which will effectively prevent
unreasonable noises emanating therefrom.
F.
Noise-making device. The using, operating, discharging, installing
or causing to be used, operated, discharged or installed of any noise-making
device.
G.
Alarm. A burglar alarm or other alarm system of any building, motor
vehicle, recreational vehicle or boat which is continuous and exceeds
15 minutes in duration.
H.
The making of improper noise or disturbance in the operation of a
motor vehicle.
I.
Offering for sale anything by shouting or outcrying upon the public
streets and sidewalks.
J.
Construction and construction equipment.
(1)
Construction. A property owner or contractor shall only be allowed
to perform, or permit or allow to be performed, any exterior alteration,
repair or maintenance to any building or structure in the Village
during the following days and time, excluding federal and New York
State holidays:
(2)
Construction equipment. A property owner or contractor shall only
be allowed to use or operate, or permit or allow to be used or operated,
any tractor, earthmoving equipment, crane, or other construction equipment
for soil excavation, maintenance, construction or demolition in the
Village on the following days and time, excluding federal and New
York State holidays:
(3)
The Mayor or Deputy Mayor may grant an exception from the above day
and time.
K.
Landscaping and tree services.
(1)
Landscaping. Landscaping services by a commercial landscaper, or
property owner, shall only be performed in the Village on the following
days and time, excluding federal and New York State holidays:
(a)
Permitted hours of operation for landscaping:
(2)
Tree services. Tree services performed by a commercial tree service
contractor or property owner on the following days and time, excluding
federal and New York State holidays:
(3)
The Mayor or Deputy Mayor may grant an exception from the above day
and time restrictions for landscaping and tree services.
L.
Tire. The intentional use and operation of a motor vehicle or recreational
vehicle in such a manner as to cause excessive squealing or other
excessive noise of the tires.
M.
Recreational vehicle. The continuous use or operation of any recreational
vehicle on private property owned by the vehicle operator or by written
permission of the property owner, issued in advance and in the possession
of the operator, for a period exceeding 30 minutes.
N.
Generator. The operation of a generator for periodic testing, maintenance
or emergency purposes shall not be prohibited under any provision
of this chapter.
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 municipally sponsored celebrations or events.
C.
Noise from individually sponsored events where a permit for public
assembly or other relevant permission has been obtained from the Mayor
or Deputy Mayor.
D.
The operation or use of any organ, radio, bell, chimes or other instrument,
apparatus or device by any church, synagogue or school licensed or
chartered by the State of New York, provided that such operation or
use does not occur between the hours of 10:00 p.m. and 8:00 a.m.
E.
Noise generated by the installation and maintenance of utilities.
A.
Upon receipt of a complaint, the Police Department, Building Inspector
or Village representative shall conduct an investigation to determine
if there is a probable violation of the provisions of this chapter.
For the first occurrence, in lieu of issuing an appearance ticket,
an appropriate warning may be issued to the violator to cease and
desist from continuing such noise.
B.
Any person who violates any provision of this chapter shall be guilty
of a violation punishable by a fine of $250 or a term of imprisonment
of not more than 15 days, or both.
