[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills 9-12-1983 by L.L. No. 1-1983 as Ch. 151 of the 1983
Code. Amendments noted where applicable.]
[Amended 1-21-1997 by L.L. No. 3-1997]
Whereas excessive sound is a serious hazard to the public health,
welfare, safety and the quality of life and whereas a substantial
body of science and technology exists by which excessive sound may
be substantially abated and whereas the people have a right to and
should be ensured an environment free from excessive sound, now, therefore,
it is the policy of the Village of East Hills to prevent excessive
sound that may jeopardize the health, welfare or safety of the citizens
or degrade the quality of life.
[Added 1-21-1997 by L.L. No. 3-1997]
As used in this chapter, the following terms shall have the
meanings indicated:
The practical unit of measurement for sound-pressure level;
the number of "decibels" of a measured sound is equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated "dB."
Any sounds of such level and duration as to be or tend to
be injurious to human health or welfare or which would unreasonably
interfere with the enjoyment of life or property throughout the Village
of East Hills or in any portions thereof, but excludes all aspects
of the employer-employee relationship concerning health and safety
hazards within the confines of a place of employment such as fall
within the purview of county, state or federal occupational safety
regulations.
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another or the vertical
and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit
building.
The sound-pressure level measured in decibels with a sound-level
meter set for A-weighting; "sound level" is expressed in dBA.
An instrument used to measure sound level, which conforms
to Type 1 or Type 2 standards as specified by ANSI Specification S1.4-1971.
[Added 1-21-1997 by L.L. No. 3-1997]
No person shall cause, suffer, allow or permit the operation
of any source of sound on a particular category of property or any
public space or right-of-way in such a manner as to create a sound
level that exceeds the particular sound-level limits set forth in
Table I when measured at or within the real property line of the receiving
property.
|
Table I
Maximum Permissible Sound Levels by Receiving
Property Category
| ||||
|---|---|---|---|---|
|
Receiving Property Category
| ||||
|
Residential
| ||||
|
Sound Source Property Category
|
7:00 a.m. to 10:00 p.m.
(dBA)
|
10:00 p.m. to 7:00 a.m.
(dBA)
|
Commercial
(all times)
(dBA)
|
Industrial
(all times)
(dBA)
|
|
Residential
|
55
|
50
|
65
|
75
|
|
Commercial or public spaces or rights-of-way
|
65
|
50
|
65
|
75
|
|
Industrial
|
65
|
50
|
65
|
75
|
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive, namely:
A.
Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle, bus, truck or other vehicle
on any street or public place of the Village, except as a danger warning;
the creation by means of any such signaling device of any unreasonably
loud or harsh sound; and the sounding of any such device for an unnecessary
and unreasonable period of time; the use of any signaling device,
except one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any such
signaling device when traffic is for any reason held up.
B.
Radios, etc. The using, operating or permitting to be played, used
or operated any radio receiving set, musical instrument, stereo, portable
radio or tape or CD player or other machine or device for the producing
or reproducing of sound in such manner as to disturb the peace, quiet
and comfort of the neighboring inhabitants or at any time with louder
volume than is necessary for convenient hearing for the person or
persons who are in the room, vehicle, chamber or yard in which such
machine or device is operated and who are voluntary listeners thereto.
The operation of any such set, instrument, stereo, radio or device
between the hours of 12:00 midnight and 8:00 a.m. in such manner as
to be plainly audible at a distance of 50 feet from the building,
structure or vehicle in which it is located shall be prima facie evidence
of a violation of this section.
[Amended 1-21-1997 by L.L. No. 3-1997]
C.
Loudspeakers and amplifiers for advertising. The using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, loudspeaker, sound amplifier, stereo, portable
radio or tape or CD player or other machine or device for the producing
or reproducing of sound upon the public streets for the purpose of
electioneering or commercial advertising or attracting the attention
of the public to any building or structure.
[Amended 1-21-1997 by L.L. No. 3-1997]
D.
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or
singing on any public streets at any time or place so as to annoy
or disturb the quiet, comfort or repose of persons in any office or
in any store, dwelling or other type of residence or of any persons
in the vicinity.
E.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motor vehicle, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
F.
Defect in vehicle or load. The use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
G.
Loading, unloading or opening boxes. The creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
H.
Construction or repairing of buildings. The erection (including excavation),
demolition, alteration or repair of any building other than between
the hours of 8:00 a.m. and 5:00 p.m. on weekdays, and not on Saturdays,
Sundays or legal holidays, so as to create loud or unnecessary noise,
except in case of urgent necessity in the interest of public health
and safety, and then only with a permit from the Village Clerk, which
permit may be granted for a period not to exceed three days or less
while the emergency continues and which permit may be renewed for
periods of up to three days while the emergency continues.
[Amended 1-21-1997 by L.L. No. 3-1997]
I.
Domestic tools and equipment; vehicle repair.
[Added 1-21-1997 by L.L. No. 3-1997]
(1)
Notwithstanding any of the restrictions set forth in this or any
other chapter of the Code, no person shall or no owner or occupant
of any premises shall operate or permit to be operated or use or cause
to be operated any hand tool or power tool or equipment, including
but not limited to saws, hammers, sanders, drills, grinders, lawn
or garden tools, mowers, tractors, chain saws, leaf blowers or gatherers
or similar devices or wood chippers of any kind, or cause or permit
vehicle repair or engine tune-up activities so as to create noise
in excess of the following limits. This prohibition includes equipment
used by lawn care or landscape services.
(2)
Noise levels from domestic tools and equipment and vehicle repair
as described in this section shall not exceed 65 decibels at or within
any real property line of a residential property during the hours
of 8:00 a.m. to sundown, Monday through Friday, except holidays, and
9:00 a.m. to sundown, Saturday, Sunday and holidays. At all other
times, such noise levels shall not exceed 45 decibels on any other
property used for residential purposes within any residential zoning
district.
J.
Hawkers; peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood.
K.
Bulldozer, crane, excavating machines, etc. The operation, other
than between the hours of 8:00 a.m. and 5:00 p.m. on weekdays, of
any bulldozer, crane, excavating machine, pile driver, steam shovel,
pneumatic hammer, derrick, steam or electric hoist or other appliance,
the use of which is attended by loud and unusual noise.
L.
Garden equipment.
[Amended 10-21-1985 by L.L. No. 4-1985; 5-3-1993 by L.L. No. 3-1993]
(1)
No "gardener," as defined in § 107-2, shall operate any power or manual lawn mower or any other gardening equipment of any kind except as follows:
(2)
The foregoing days and hours apply to residents of the Village on
property which is either owned or continuously leased by them except
that on Sunday said equipment may be operated, by residents only,
between the hours of 10:00 a.m. and 5:00 p.m.
(3)
When garden equipment has, as an integral part, a motor, blower, fan or saw, the operation of which involves a motor or the expulsion of operating gases or fluids, the noise emanating therefrom shall be muffled to a level which should not be offensive, and such device shall be equipped with a muffler sufficient to deaden such noise to such sound level which is at or below the decibel level set forth in Subsection I of this section.
[Amended 1-21-1997 by L.L. No. 3-1997]
The following uses and activities shall be exempt from noise
prohibition:
A.
Noises of safety signals and warning devices in an emergency.
B.
Noises resulting from any authorized emergency vehicle when responding
to an emergency call or action in time of emergency.
C.
Noises resulting from the operation of garbage or sanitation equipment
and public or private snow-removal equipment during or after snowstorms.
Noise standards as defined in Chapter 271, Zoning, are not affected by this chapter.
