[HISTORY: Adopted by the Board of Trustees
of the Village of Oyster Bay Cove 10-5-2005 by L.L. No. 6-2005.
Amendments noted where applicable.]
The Board of Trustees of the Village of Oyster
Bay Cove hereby finds and determines that the emission of noise of
a type and/or volume which is intolerable to a reasonable person is
detrimental to the public health, comfort, convenience, safety, peace
and repose, and general welfare of the inhabitants of the Village.
The restrictions contained in this chapter are determined to be necessary,
reasonable and appropriate regulations for the protection of the environment
of the Village, and for the safety, health and general welfare of
its inhabitants.
As used in this chapter, the following terms
shall have the meanings indicated:
Every vehicle, including farm equipment, capable of being
operated or driven upon a public highway and powered by a source other
than muscular power alone. The term "motor vehicle" also includes
a snowmobile, an off-highway motor vehicle, any other power-driven
vehicle or device, and any vehicle or device the operation of which
is regulated by the New York State Vehicle and Traffic Law.
A.
No person shall make, or cause to be made, any noise
of a type or volume, or both, which is intolerable or unreasonable
to a reasonable person.
B.
No person shall make, or cause to be made, or suffer
or permit any other person on the same premises to make any noise
which is of a type or volume, or both, which is intolerable or unreasonable
to a reasonable person.
A.
No person shall sound any horn, siren or other noisemaking
device or signal except to signal danger, or except as otherwise permitted
by law, nor shall any person repeat any such sounding for any longer
or more often than necessary for the purpose of giving warning.
B.
The provisions of this section shall not apply to
police, fire, ambulance or other emergency vehicles when being operated
in the course of or in response to any emergency or dangerous situation.
A.
No person shall use or permit the use or operation
of any sound amplifier or loudspeaker at a volume which would be intolerable
or unreasonable to a reasonable person.
B.
No person shall use or permit the use of any loudspeaker,
sound amplifier, radio, audio player or other sound-emitting device
in a manner or at a volume which permits the sound from such device
to be projected or audible beyond the boundary of the property on
which the device is located.
No person shall operate a motor vehicle, lawn
mower, leaf blower, chain saw, or other landscaping equipment, or
any internal-combustion engine, or any device or equipment powered
by an internal-combustion engine, without a muffler properly maintained
and used to reduce noise emitted from such device, vehicle or equipment
to a level which is tolerable and reasonable to a reasonable person.
A.
No person shall use or operate any tractor, earthmoving
machine, crane, machinery, or other equipment for soil excavation,
maintenance, construction, demolition, alteration or repair work,
or any other construction work, except between the hours of 8:00 a.m.
and 5:00 p.m. on Mondays through Fridays. The provisions of this subsection
shall not apply to interior alteration work or repair work done only
within an entirely enclosed building.
B.
Any such equipment shall be in good working order
and condition and shall be equipped with a muffler properly used and
maintained to reduce noise emitted by such equipment to a level which
is tolerable and reasonable to a reasonable person.
C.
In the event of an emergency, the Mayor, the Building Inspector, or the Village Chief of Police, or the designated representative of the Mayor, may grant an exemption from the provisions of Subsection A of this section. Such exemption should be in writing, but may be oral if the emergency is too urgent to allow sufficient time to prepare a written exemption. Where an exemption is granted orally, the person granting the exemption shall prepare a written report with respect to such exemption at the earliest reasonable opportunity. A copy of each written exemption and each oral report of an oral exemption shall be filed with the Village Clerk and the Chief of Police and given to the person to whom such exemption is granted. Each exemption granted pursuant to this subsection shall have a duration no longer than the emergency which is the basis for its issuance.
[Amended 5-17-2022 by L.L. No. 3-2022]
Landscaping equipment, including but not limited
to gas- and electric-powered leaf blowers and lawn mowers, chain saws
and power washing equipment, which emits a noise audible beyond the
boundary of the property upon which it is operated may be operated
in the Village as follows:
B.
In the
event of an emergency, the Mayor, the Building Inspector, or the Village
Chief of Police, or the designated representative of the Mayor, may
grant an exemption from the provisions of this section. Such exemption
should be in writing, but may be oral if the emergency is too urgent
to allow sufficient time to prepare a written exemption. Each exemption
granted pursuant to this subsection shall have a duration no longer
than the emergency which is the basis for its issuance.
No delivery or pickup by any service or delivery
vehicle, other than vehicles picking up garbage pursuant to contract
with the Village, shall be permitted before 8:00 a.m. or after 7:00
p.m. on any day, except where authorized by the Code Official.
Any person who causes the emission of any noise
in violation of any provision of this chapter, or who engages in any
conduct prohibited by this chapter, shall be guilty of a violation,
and shall be subject to punishment as may be provided by law. In addition
to the penalties provided for violations of this chapter, all available
civil remedies shall apply.
