[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bellerose 12-13-1976 by L.L. No. 16-1976. Amendments noted where applicable.]
Explosives — See Ch. 101.
Nuisances — See Ch. 147.
Peace and good order — See Ch. 157.
Noise from vehicles — See Ch. 204.
It is hereby declared to be Village policy to prevent any unreasonable noise detrimental to the public welfare. The prohibitory clauses of this chapter shall not apply to mechanisms or devices used in home and real property maintenance. The following examples are inclusive but not exclusive: lawn mowers, hedge clippers, power saws, snowblowers and Rototillers. However, such machines shall not be excluded from the prohibitory provisions of this chapter on Saturdays and Sundays or the prohibitory provisions of § 144-2A, D, F and G on any day.
[Added 5-20-2002 by L.L. No. 1-2002]
As used in this chapter, the following terms shall have the meanings indicated:
- UNREASONABLE NOISE
- A sound of a type and/or volume that a reasonable person under the circumstances would not tolerate or which disturbs, inconveniences, injures or endangers the comfort, repose, peace, health, safety or welfare of a reasonable person, the neighborhood, the community or the public.
[Amended 5-20-2002 by L.L. No. 1-2002]
A person is guilty of causing a public disturbance when he either recklessly or with intent causes public inconvenience, annoyance or alarm or creates a risk thereof by:
Continuously sounding any horn or signal device on any automobile, motorcycle or other vehicle except as a warning pursuant to the provisions of the Vehicle and Traffic Law of the State of New York.
Making, permitting or controlling an unreasonable noise.
Operating any radio, television, computer, musical instrument, phonograph, disc player, cassette player or other device or electronic device:
In such a manner so as to produce sound which disturbs the peace, quiet or comfort, repose, health, safety or welfare of the public or otherwise causes unreasonable noise; or
In such a manner which is audible through walls between units or apartments within the same or contiguous buildings or from another property or from the street or otherwise causes unreasonable noise.
Keeping any animal which causes frequent or long, unreasonable, continued noise or sound.
Using any motor vehicle so out of repair, so modified or so adapted as to create loud and unreasonable grating, grinding, rattling, or other noise.
Discharging or permitting the discharge into the open air of the exhaust of any motor vehicle, steam engine, stationary internal combustion engine or other apparatus, except through a muffler or other device which would effectively prevent loud, explosive or unreasonable noise from emitting therefrom.
The erection, including excavating, demolition, alteration or repair, of any building, other than between 7:00 a.m. and 6:00 p.m. on Monday through Friday, except in the case of urgent necessity in the interest of public safety and then only with a permit from the Building Inspector, which permit may be renewed for a period of three days or less while the emergency continues.
The creation of loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers.
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any performance, show or sale or display of merchandise by the creation of noise.
The use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes.
The use of any radio apparatus, talking machine, loudspeaker or amplifier attached thereto in such a manner that the loudspeaker shall cause the sound from such radio apparatus or talking machine to be projected therefrom outside of any building or out of doors; or the use of any radio apparatus, talking machine, loudspeaker or amplifier which is in any way fastened to or connected with any outside wall or window. Nothing herein contained shall be construed to prevent the operation of a radio apparatus or talking machine used in a reasonable manner by any person within any building or structure, provided that the said radio apparatus, talking machine or loudspeaker shall not project the sound therefrom outside of any building or out of doors.
The operation of any machinery, equipment, pump, exhaust fan, attic fan, air-conditioning apparatus or similar mechanical device in such manner as to disturb the comfort or repose of any person in the vicinity.
[Added 1-28-2008 by L.L. No. 1-2008]
No person, entity or managing agent thereof shall permit the emptying of any garbage dumpster or other commercial container between the hours of 9:00 p.m. and 7:00 a.m.
[Amended 1-28-2008 by L.L. No. 1-2008]
The Village Clerk may issue, upon approval of the Board of Trustees, a special permit to allow noise above the permitted level if a public service announcement is to be made by a nonprofit public-service organization upon the payment of a special permit fee to be established by resolution of the Board of Trustees, or to the Village government concerning a special event of unusual interest.
[Amended 1-28-2008 by L.L. No. 1-2008]
Any person or entity committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation of the Penal Law of the State of New York, punishable by a fine not exceeding $250 for the first offense, nor exceeding the sum of $500 for the second offense, and up to $1,000 for subsequent offenses, or by both such fine and imprisonment. The continuation of an offense for each day (24 hours) shall be deemed a distinct and separate violation.