[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.
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.
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]