[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Editor's Note: This local law also repealed former Ch. 205,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:
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.
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.
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
Banking or other financial institutions.
Dining establishments.
Establishments providing retail services.
Establishments providing wholesale services.
Establishments for recreation and entertainment, including the
serving of alcohol.
Golf course and membership clubs.
Office buildings.
Transportation.
Any building wherein there are two or more dwelling units.
Any site preparation, assembly, erection, repair, alteration,
blasting or similar action, but excluding demolition of buildings
or structures.
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.
Any dismantling, intentional destruction or removal of buildings
or structures.
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.
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.
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.
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.
Any sound with a rapid onset and rapid decay having a duration
of less than one second.
A public holiday established by state or federal law.
Any vehicle that is propelled or drawn on land by an engine
or motor.
Any power equipment utilizing an electric or internal-combustion
engine.
A sound-dissipative device or system for abating the sounds
of escaping gasses of an internal-combustion engine.
A building which is both commercial (usually on the ground
floor) and residential property located above, behind, below or adjacent
thereto.
The Code Enforcement Officer, the Building Inspector of the
Village of Scarsdale and/or the Village of Scarsdale Police Department.
Any sound that:
Sound or noise originating or emanating from outside a building
or structure.
Any individual, corporation, company, association, society,
firm, partnership or joint-stock company.
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.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or parking lot used by members of the general public.
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.
Either:
The vertical boundary that separates one parcel of property
(i.e., lot and block) from another residential or commercial property
or establishment;
The vertical and horizontal boundaries of a dwelling unit that
is part of a common wall building; or
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).
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.
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.
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.
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.
