[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 7-11-2023 by L.L. No. 10-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 205, Noise, adopted 2-27-1976 by L.L. No. 1-1976, as amended.
It is hereby found and declared that:
A. 
The making, creation or maintenance of loud, unnatural or unusual noises which are prolonged and unnatural in their time, place and use affect and are a detriment to the public health, comfort, convenience, safety and welfare of the residents of the Village of Scarsdale.
B. 
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are for the purpose of securing and promoting the public health, comfort, convenience, safety and welfare, and the peace and quiet of the Village of Scarsdale and its inhabitants.
As used in this chapter, the following terms shall have the meanings as indicated:
AFFECTED PERSON
Any person who has lodged a noise complaint with the Building Department or Police Department that he or she is the receptor of noise on property within the Village, and said affected person has an interest in the property as an owner, tenant, or employee. A noise complaint must be made in writing or verbally to an authorized Noise Control Officer.
AMBIENT SOUND
The sound level at a given location that exists as a result of the combined contribution in that location of all sound sources, excluding the contribution of the source or sources under investigation for potential violation of this chapter and excluding the contribution of extraneous sound sources. Ambient sounds are differentiated from extraneous sounds by the fact that ambient sounds are being emitted the majority of the time although they may not be continuous. Examples of ambient sounds may include steady traffic of properly muffled vehicles, summer insects in the distance, pedestrians talking, and adjacent commercial/industrial operations or mechanical equipment.
COMMERCIAL ESTABLISHMENT
Any premises, property or facility involving traffic in goods or furnishing of services for sale or profit, including but not limited to:
A. 
Banking or other financial institutions.
B. 
Dining establishments.
C. 
Establishments providing retail services.
D. 
Establishments providing wholesale services.
E. 
Establishments for recreation and entertainment, including the serving of alcohol.
F. 
Golf course and membership clubs.
G. 
Office buildings.
H. 
Transportation.
COMMON WALL BUILDING
Any building wherein there are two or more dwelling units.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration, blasting or similar action, but excluding demolition of buildings or structures.
CONTINUOUS SOUND
Sound with a duration of one second or longer measured by the slow response of a sound level meter. Impulsive sounds that are rapidly repetitive and occur over a period of time with a duration of one second or longer shall be measured as continuous sound.
DEMOLITION
Any dismantling, intentional destruction or removal of buildings or structures.
ELECTRIC OR BATTERY-POWERED BLOWER
Any stand-on, mounted, walk-behind, portable, handheld, or backpack-style device that is powered by electricity or battery which is used to produce a stream of air for the purpose of blowing, moving or distributing leaves, grass clippings, dust, dirt trimmings from trees or shrubs and/or any other litter or debris.
EMERGENCY WORK
Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone or sewer facilities or public transportation facilities, removing fallen trees on public rights-of-way or abating life-threatening conditions.
EXTRANEOUS SOUND
Any sound that is intense and intermittent and is neither ambient sound nor sound attributable to a source or sources under investigation for a potential violation of this chapter. Such sound includes but is not limited to sirens of emergency vehicles, unusually loud motor vehicle exhaust or braking, people shouting or talking next to the sound level meter, animal vocalizations, aircraft or trains passing, car door slams, etc. When conducting compliance measurements, such extraneous sound sources may be noted but their sound levels are excluded.
GASOLINE-POWERED BLOWER
Any stand-on, mounted, walk-behind, portable, handheld, or backpack-style device that is powered by a gasoline, diesel or similar fuel engine which is used to produce a stream of air for the purpose of blowing, moving or distributing leaves, grass clippings, dust, dirt, trimmings from trees and/or shrubs, or any other litter or debris.
IMPULSIVE SOUND
Any sound with a rapid onset and rapid decay having a duration of less than one second.
LEGAL HOLIDAYS
A public holiday established by state or federal law.
MOTOR VEHICLE
Any vehicle that is propelled or drawn on land by an engine or motor.
MOTORIZED EQUIPMENT
Any power equipment utilizing an electric or internal-combustion engine.
MUFFLER
A sound-dissipative device or system for abating the sounds of escaping gasses of an internal-combustion engine.
MULTIUSE PROPERTY
A building which is both commercial (usually on the ground floor) and residential property located above, behind, below or adjacent thereto.
NOISE CONTROL ADMINISTRATOR
The Code Enforcement Officer, the Building Inspector of the Village of Scarsdale and/or the Village of Scarsdale Police Department.
NOISE DISTURBANCE
Any sound that:
A. 
Endangers the safety or health of any person;
B. 
Disturbs a reasonable person of normal sensitivities; or
C. 
Endangers personal or real property.
OUTDOOR SOUND
Sound or noise originating or emanating from outside a building or structure.
PERSON
Any individual, corporation, company, association, society, firm, partnership or joint-stock company.
PLAINLY AUDIBLE
Any sound that can be detected by a Noise Control Administrator using their unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a sound production device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The investigator need not determine the title, specific words, or the artist performing the song.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or parking lot used by members of the general public.
PUBLIC SPACE
Any real property or structures therein that are either owned, leased or controlled by a governmental entity. Public space includes, but is not limited to, parks, sports fields or lots.
REAL PROPERTY LINE
Either:
A. 
The vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property or establishment;
B. 
The vertical and horizontal boundaries of a dwelling unit that is part of a common wall building; or
C. 
On a multiuse property as defined herein, the vertical or horizontal boundaries between the two portions of the property on which different categories of activity are being performed (e.g., if the multiuse property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area, or if there is an outdoor sound source such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit).
SIGNIFICANT STORM EVENT
Includes, but is not limited to: hurricanes, rain fall greater than 0.5 inch of rain within a twenty-four-hour period, average sustained wind speeds exceeding 20 miles per hour over a twenty-four-hour period, declaration of a state of emergency due to inclement weather from the federal government, State of New York, County of Westchester, or Village of Scarsdale, and any other reasonable circumstances in which the Superintendent of Public Works determines.
SOUND PRODUCTION DEVICE
Any device whose primary function is the production of sound, including, but not limited to, any musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment.
It shall be unlawful for any person to make, continue, cause or allow any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities, or which causes injury to animal life or damage to property or business. The general standards to be considered in determining whether such noise disturbance exists include, but are not limited to, the following:
A. 
The intensity of the noise under investigation for violation of this chapter.
B. 
Whether the nature of the noise is usual or unusual.
C. 
Whether the origin of the noise is natural or unnatural.
D. 
The volume and intensity of the ambient noise, if any.
E. 
The proximity of the noise to parks or other public places, hospitals, nursing homes, day-care centers or schools, and houses of worship.
F. 
The nature and the zoning district of the area within which the noise emanates.
G. 
Whether the noise trespasses into a residential dwelling and infringes on the ability of an affected person to repose or sleep, or trespasses into a commercial establishment and infringes on the ability of an affected person to conduct normal business activities.
H. 
The time of day or night the noise occurs.
I. 
The duration of the noise.
J. 
Whether the sound source is temporary.
K. 
Whether the noise is continuous or impulsive.
L. 
The presence of discrete tones.
M. 
Whether the emission of the noise is purposeful or unnecessary and serves no legitimate purpose.
In addition to the general prohibitions set forth in § 205-3, the following specific acts are hereby regulated as follows:
A. 
Sound production devices, commercial or residential. Operating, playing or permitting the operation or playing of any sound production device in such a manner as to create a noise disturbance at or within the real property line of the parcel of land in which the affected person is located is prohibited. Prima facie evidence of a violation of this subsection and the creation of a noise disturbance shall include, but not be limited to, the operation of such a device in such a manner that it is plainly audible inside the dwelling of an affected person with all windows and doors closed.
B. 
Loudspeakers and public-address systems mounted or placed outdoors. Using or operating any loudspeaker, public-address system or similar device at any commercial establishment or industrial facility in such a manner that it is plainly audible inside the dwelling of an affected person with all windows and doors closed is prohibited, unless it is for the purposes of safety.
C. 
Self-contained, portable, nonvehicular music or sound production devices. Using or operating any self-contained, portable, nonvehicular music or sound production device in any public space or public right-of-way in such a manner as to be plainly audible at a distance of 25 feet in any direction from the operator is prohibited.
D. 
Animals.
(1) 
It shall be unlawful for any property owner or tenant to allow any domesticated or caged animal to create a sound across a real property line which creates a noise disturbance or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the noise disturbance when ordered to do so by a Noise Control Administrator. Prima facie evidence of a violation of this subsection shall include, but not be limited to:
(a) 
Vocalizing (howling, yelping, barking, squawking, etc.) for five minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or
(b) 
Vocalizing for 10 minutes intermittently, defined as an average of two vocalizations or more per minute in that period.
(2) 
It is an affirmative defense under this subsection that the animal was intentionally provoked to bark or make any other noise.
E. 
Motor vehicles. The registered owner of the vehicle shall be in violation of this subsection if present when the violation occurs. If the owner of the vehicle is not present, the violation will be served upon the person in charge or control of the vehicle, or anyone who assists in the production of the sound that is found to be in violation.
(1) 
Operating or permitting the operation of any motor vehicle, or any auxiliary equipment attached to such a vehicle out of repair or in such a condition as to create a noise disturbance.
(2) 
No motor vehicle may be operated without a properly functioning muffler on a public right-of-way. The operation of a vehicle which is unmuffled or is equipped with straight pipes is a violation of this chapter.
(3) 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at a distance of 25 feet in any direction from the operator.
(4) 
The horn or signaling device on any motor vehicle may not be operated, except when used as a danger or traffic warning signal, and such operation must terminate when the danger has passed.
(5) 
An exterior alarm of a motor vehicle must not audibly sound for more than five minutes continuously or 10 minutes intermittently.
(6) 
It shall be unlawful to operate a motor vehicle in such a manner as to cause excessive squealing or other excessive noise of the tires.
F. 
Construction, repair and demolition. Operating or permitting the operation of any tool or equipment used in construction, repair, demolition or excavation, including, but not limited to, hammering, ditch digging, rock removal, scraping, unloading and vehicle backup signaling, shall only be permitted between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, and between the hours of 10:00 a.m. and 5:00 p.m. on Saturday but shall not be permitted at any time on Sundays or legal holidays unless such operation of any tool or equipment is used for emergency work. This subsection shall not apply to road maintenance/improvement on preexisting roads or preventative maintenance on the sewer mains and pipes on which daytime construction would prove disruptive to traffic flow. All motorized equipment used in construction and demolition activity shall be operated with a muffler.
G. 
Stone and tile cutting. Operating or permitting the operation of any tool or equipment used in stone and/or tile cutting operations shall only be permitted between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, and between the hours of 10:00 a.m. and 5:00 p.m. on Saturday but shall not be permitted at any time on Sundays or legal holidays. All stone and tile cutting must cease for a one-hour period within every three hours of operation to provide respite to the surrounding community. The Building Department may impose appropriate conditions designed to mitigate any potential impacts, including, but not limited to, the installation of sound barriers, sound walls, portable sound screens, or sound curtains.
H. 
Blasting. Blasting is prohibited between the hours of 4:00 p.m. and 8:00 a.m., Monday through Friday, or at any time on Saturdays, Sundays, and legal holidays and is further regulated by Chapter 163 of the Village Code, Fireworks and Explosives.
I. 
Gasoline-powered blowers. It shall be unlawful for any person, firm, corporation, or other entity to operate a gasoline-powered blower in the Village during the period from January 1 through September 30.
(1) 
The use of gasoline-powered blowers shall be permitted in the Village from October 1 through December 31, Tuesday through Friday during the hours of 8:00 a.m. and 6:00 p.m., which includes the Village Fall Leaf Collection Program season. The use of gasoline-powered blowers shall not be permitted on legal holidays at any time of year.
(2) 
The Superintendent of Public Works, in his or her discretion, may permit the use of gasoline-powered blowers during the period from January 1 through September 30 for a period of time not to exceed seven days after significant storm events or during other emergency circumstances. The permitting of gasoline-powered blowers, as described herein, shall be announced on the Village website. The Superintendent of Public Works may extend the seven-day period by issuing an official notification if, in their sole discretion, such additional time is deemed necessary.
(3) 
Electric or battery-powered blowers are not subject to the restrictions set forth in this Subsection I. The use of all electric or battery-powered blowers shall be permitted pursuant to Subsection J of this section.
(4) 
This Subsection I shall not apply to golf courses conducting their normal groundskeeping operations or utility companies performing emergency repairs, nor shall this Subsection I apply to municipal or school operations.
J. 
Power tools. Unless exempted under another provision of this chapter, operating power tools used for landscaping and yard maintenance, excluding the operation of power tools necessary for emergency work, shall not be permitted before 8:00 a.m. or after 6:00 p.m., Monday through Friday, and before 10:00 a.m. or after 5:00 p.m. on Saturdays, Sundays, and legal holidays. All motorized equipment used in these activities shall be operated with a muffler.
K. 
Standby or portable generators. The operation of a standby or portable generator is exempt from the limits in this chapter when there is a power outage. The regular testing/exercising of a generator must be conducted on weekdays (Monday through Friday) between the hours of 8:00 a.m. and 6:00 p.m. and for the minimum duration suggested by the manufacturer. Such testing/exercising of a generator shall not be conducted on any legal holiday. During such testing, the sound level limit shall be no more than 70 dBA measured at the real property line of the parcel of land in which the affected person is located. No person shall at any time operate a generator before 8:00 a.m. or after 6:00 p.m., Monday through Friday, and before 10:00 a.m. or after 5:00 p.m. on Saturdays or at any time on Sundays and legal holidays, unless there is a power outage. Generators used on a permitted construction site may not exceed 65 dBA measured at the real property line of the parcel of land in which the affected person is located.
L. 
Mechanical equipment. It shall be unlawful for any person in the operation of any air-conditioning equipment or part thereof or any other type of mechanical equipment or apparatus installed on or connected to a structure to make, continue or cause to be made any noise disturbance. The sound level limit for all mechanical equipment shall be 60 dBA measured at the real property line of the parcel of land in which the affected person is located.
M. 
Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in such a manner as to cause a frequent, repetitive or continuous noise disturbance across the real property line of the parcel of land in which the affected person is located is prohibited and is also prohibited before 8:00 a.m. or after 6:00 p.m., Monday through Friday, and before 10:00 a.m. or after 5:00 p.m. on Saturdays or at any time on Sundays and legal holidays.
The following sounds are exempt from the regulations of this chapter:
A. 
Sounds from power tools used for landscaping, lawn mowers and garden equipment, excluding gasoline blowers, when operated between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, and between the hours of 10:00 a.m. and 5:00 p.m. on Saturdays, Sundays, and legal holidays. All motorized equipment used in these activities shall be operated with a muffler.
B. 
Sounds produced in conjunction with any military or civic parade.
C. 
Sound from a snowblower, snow thrower, electric snow shovel or snowplow used for the purpose of snow removal between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, and between the hours of 10:00 a.m. and 5:00 p.m. on Saturdays, Sundays, and legal holidays.
D. 
Sound from an exterior burglar alarm of any building, provided that such alarm shall terminate within 15 minutes after it has been activated.
E. 
Sound used for the purposes of alerting a person of an emergency.
F. 
Sound from the performance of emergency work.
G. 
Sound from a municipally sponsored event.
H. 
National Warning System (NAWAS); systems used to warn the community of attack or imminent public danger such as flooding, explosion or hurricane.
I. 
Sounds from municipal-sponsored projects, work or repairs as ordered by the Village Manager, or his or her designee, including public or private garbage pickup.
J. 
Motor vehicles on public roadways otherwise in compliance with § 205-5E.
K. 
The unamplified human voice is exempt from the sound restrictions of this chapter; however, it may be determined that an individual is creating a noise disturbance pursuant to § 205-3.
L. 
Surface carriers engaged in commerce by railroad.
M. 
Noise of aircraft flight operations.
N. 
Sounds generated by, or associated with, organized sporting events of any public or private school or generated by, or associated with, any sport or recreational activity sponsored or permitted by the Village.
O. 
Golf courses when conducting normal groundskeeping operations, except that all other noise which is plainly audible shall be subject to the provisions of this chapter.
The Code Enforcement Officer, the Building Inspector of the Village of Scarsdale and/or the Village Police Department is hereby empowered and authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter.
Violation of this chapter shall be punishable as follows:
A. 
By a fine no less than $250 for the first violation.
B. 
For a second offense occurring within one year of the first offense, a fine no less than $500.
C. 
For a third or further offense occurring within one year of the first offense, a fine no less than $1,000.
D. 
Each day that a violation of this chapter exists may constitute a separate violation. If the sound source found to be in violation is a sound production device, each separate hour in which a violation of this chapter exists may constitute a separate violation. The owner of the property and/or the owner of the commercial establishment from which sound is emitted and the person causing the generation of the sound may be separately liable for a violation of this chapter.