Village of Great Neck, NY Article I Prohibited Noises

[Adopted as Ch. 130, Art. I of the 1976 Code]

§ 391-1 Declaration of policy.

[Amended 8-6-2002 by L.L. No. 13-2002]

It is hereby declared to be the policy of the Board of Trustees of this Village to prevent any unreasonable, loud, disturbing and unnecessary noise. Noise of such character, intensity and duration as to be detrimental to the life or health of any reasonable person of normal sensitivities or contrary to the public welfare is prohibited.

§ 391-2 Prohibited noises enumerated.

The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, but any enumeration herein shall not be deemed to be exclusive:

A. The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle except as a warning signal pursuant to the provisions of § 15 of the Vehicle and Traffic Law of the State of New York.[1]

[1] Editor's Note: See now § 375 of the Vehicle and Traffic Law.

B. The operation of any radio or phonograph or use of any musical instrument in such a manner or with such volume, particularly between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of reasonable person of normal sensitivities in any dwelling, hotel or other type of residence.

[Amended 8-6-2002 by L.L. No. 13-2002]

C. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort and repose of reasonable person of normal sensitivities in the vicinity.

[Amended 8-6-2002 by L.L. No. 13-2002]

D. The use of any automobile, motorcycle, streetcar or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

E. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger.

F. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

G. The erection, including excavating, demolition, alteration or repair, of any building other than between the hours of 8:00 a.m. and 7:00 p.m. on weekdays, (i.e., Mondays through Fridays, excluding holidays) and 9:00 a.m. and 7:00 p.m. on Saturdays and holidays, except in 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.

[Amended 10-5-1993 by L.L. No. 5-1993]

H. The creation of any excessive noise on any public street adjacent to any school, institution of learning or court while the same is in session, or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution, provided that conspicuous signs are displayed in such public streets indicating that the same is a school, hospital or court public street.

[Amended 2-4-2003 by L.L. No. 2-2003]

I. 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.

J. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of a reasonable person of normal sensitivities.

[Amended 8-6-2002 by L.L. No. 13-2002]

K. 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.

L. The use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes.

M. The use of any apparatus which produces a level of music, talking or other sound which, as measured, in accordance with American National Standards (ANSI) S1.6-1984 (R1997), inside any adjacent or neighboring building or any adjacent or neighboring residential unit, is in excess of either:

[Amended 1-18-2000 by L.L. No. 2-2000]

(1) 45 dB(A) as measured with a sound level meter; or

(2) 45 dB in any 1/3 octave band having a center frequency between 63 and 500 hertz inclusive (ANSI bands Nos. 18 through 27, inclusive).

N. The operation of any machinery, equipment, pump, fan, exhaust fan, attic fan, air-conditioning apparatus or similar mechanical device in such manner as to create a sound which exceeds the following limits:

[Amended 2-1-2000 by L.L. No. 2-2000; 5-3-2005 by L.L. No. 4-2005]

(1) At a residential property line between 9:00 a.m. and 10:00 p.m. and at a nonresidential property at any time:

(a) Continuous airborne sound which has a sound level in excess of 65 dBA;

(b) Continuous airborne sound that has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands:

	Octave Band Center Frequency (Hz)	Octave Band Sound Pressure Level (dB)
	31.5	96
	63	82
	125	74
	250	67
	500	63
	1,000	60
	2,000	57
	4,000	55
	8,000	53

(c) Or, impulsive sound in air which has a peak sound pressure level in excess of 80 decibels.

(2) At a residential property line between 10:00 p.m. and 9:00 a.m.:

(a) Continuous airborne sound which has a sound level in excess of 50 dBA; or

(b) Continuous airborne sound that has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands:

	Octave Band Center Frequency (Hz)	Octave Band Sound Pressure Level (dB)
	31.5	86
	63	71
	125	61
	250	53
	500	48
	1,000	45
	2,000	42
	4,000	40
	8,000	38

(c) Or, impulsive sound in air which has a peak sound pressure level in excess of 70 decibels.

O. The operation of a lawn mower or any other gardening equipment which is powered by an internal-combustion engine or by an electrical motor other than between the hours of 8:00 a.m. and 7:00 p.m. on weekdays (i.e., Mondays through Fridays, excluding holidays) and 9:00 a.m. and 7:00 p.m. on Saturdays, Sundays and holidays.

[Added 10-5-1993 by L.L. No. 5-1993]

P. The operation of any leaf blower during the period from June 15 through and including September 15. As used in this subsection, "leaf blower" shall be defined to include any device powered by a gasoline, diesel or similar fuel engine which is used, designed or operated to produce a current of air for the purpose of pushing, propelling or blowing leaves, dirt, gardening and grass clippings and cuttings, refuse or debris.

[Added 4-18-2000 by L.L. No. 7-2000]

Q. The operation of any electric generator, as defined in § 575-170.3 of this Code, except as required to provide electricity to a dwelling when the electricity then being furnished to that dwelling by an off-site utility company has been temporarily disrupted for reasons other than nonpayment, between the hours of 5:00 p.m. and 9:00 a.m. or for more than 30 minutes in any seven-day period. In any prosecution for a violation of this Subsection Q, it shall be an affirmative defense that, at the time or times at issue, the operation of the electric generator was required to provide electricity to a dwelling when the electricity then being furnished to that dwelling by an off-site utility company had been temporarily disrupted for reasons other than nonpayment.

[Added 10-18-2011 by L.L. No. 7-2011]

R. Any loud and unnecessary noise of such character, intensity, or duration, whether vocal, mechanical, or otherwise, on any day between 11:00 p.m. and 8:00 a.m., and, additionally, on Saturdays, Sundays, and holidays between 8:00 a.m. and 9:00 a.m., that annoys or disturbs the quiet, comfort, or repose of a reasonable person of normal sensitivities in any dwelling, hotel, or other type of residence.

[Added 12-18-2012 by L.L. No. 1-2013]

S. Any other noise of such character, intensity, and duration as to be detrimental to the life or health of any reasonable person of normal sensitivities or contrary to the public welfare is prohibited.

[Added 12-18-2012 by L.L. No. 1-2013]