[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bellerose 12-13-1976 by L.L. No. 16-1976.[1] Amendments noted where applicable.]
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:
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:
A.
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.
B.
Making, permitting or controlling an unreasonable
noise.
C.
Operating any radio, television, computer, musical
instrument, phonograph, disc player, cassette player or other device
or electronic device:
(1)
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
(2)
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.
D.
Keeping any animal which causes frequent or long,
unreasonable, continued noise or sound.
E.
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.
F.
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.
G.
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.
H.
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.
J.
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.
K.
The use of mechanical loudspeakers or amplifiers on
trucks or other moving vehicles for advertising or other purposes.
L.
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.
M.
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[1]]
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.
