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Village of Scarsdale, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 2-27-1976 by L.L. No. 1-1976; amended in its entirety 5-24-1983 by L.L. No. 4-1983. Amendments noted where applicable.]
Alarms — See Ch. 107.
Fireworks and explosives — See Ch. 163.
Peace and good order — See Ch. 230.
Trees, brush, grass and weeds — See Ch. 281.
[Amended 3-14-1989 by L.L. No. 6-1989; 11-26-2013 by L.L. No. 8-2013]
It shall be unlawful for any person to make, continue or cause to be made or continued any of the following acts producing audible sound which are hereby declared to be loud, disturbing and unnecessary noise in violation of this chapter:
Horns, signaling devices, etc.: the sounding of any horn or signaling device on any automobile, motorcycle or other vehicle, other than an emergency vehicle, on any street or public place, except as a danger or burglar 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 any 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 of any such signaling device when traffic is for any reason held up.
Radios, televisions, electronic sound reproduction devices, etc.: the using, operating or permitting to be played, used or operated any radio receiving set, musical instrument or instruments, phonograph 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 voluntary listeners thereto. The operating of any such set, instrument, phonograph, machine or device between the hours of 12:00 midnight and 7:00 a.m. in such manner as to be plainly audible on adjacent properties shall be prima facie evidence of a violation of this section.
Loudspeakers, amplifiers for advertising: the using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public street for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
Yelling, shouting, etc.: yelling, shouting, hooting, whistling or singing on the public streets or any public place, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in the vicinity.
Animals: the keeping or harboring of any animal which, by causing frequent or loud continued noise, shall disturb the comfort or repose of any persons in the vicinity.
Deliveries and pickups: the making of deliveries of supplies or merchandise or collection of garbage or refuse from any store or other place of business between the hours of 11:00 p.m. and 6:30 a.m. on weekdays, and 11:00 p.m. and 8:00 a.m. on weekends, except in the case of an emergency.
Blowers: the operation of any noise-creating blower or power fan or any internal-combustion engine, the operation of which causes noise due to the detonation of operating gases or fluids or the expulsion of air, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler, baffling device or effective noise-absorbent material sufficient to deaden such noise.
[Amended 1-8-1985 by L.L. No. 1-1985; 6-26-1990 by L.L. No. 3-1990; 6-14-1994 by L.L. No. 4-1994; 1-14-2003 by L.L. No. 3-2003]
It shall be unlawful for any person, firm, corporation or other entity to operate any engine-driven power tool or motorized equipment or to conduct noise-making construction activity, including, but not limited to, hammering, ditch digging, scraping, unloading and vehicle backup signaling, after the hour of 9:00 p.m. and before the hour of 8:00 a.m. on any weekday and before 10:00 a.m. and after 5:00 p.m. on Saturdays, Sundays and Legal holidays. These restrictions do not apply to a governmentally recognized emergency.
[Amended 11-10-2015 by L.L. No. 9-2015[1]]
Editor's Note: This local law also changed the title of this section from "Outdoor power tools" to "Outdoor power tools and construction activity."
No person, firm, corporation or other entity shall use a gasoline-powered blower in the Village during the period from June 1 through September 30 of each year.
Promulgation of additional rules and regulations. The Village Manager is authorized to promulgate rules, regulations and standards applicable to the operation of the above power tools and equipment in an effort to control such noise and lessen the effect of that noise on the quality of life in the Village. Such rules shall not become effective until approved by the Village Board of Trustees.
This section shall not apply to golf course operations or utility companies performing emergency repairs, and Subsection A shall not apply to municipal or school operations. The Village Manager may waive enforcement of Subsection B in the wake of a storm or other emergency situation.
[Amended 1-22-2013 by L.L. No. 2-2013]
It shall be unlawful for any person in the operation of any air-conditioning equipment or part thereof or any other type of mechanical equipment or apparatus installed on or connected to a structure, other than a permanent standby generator, as defined in § 310-2 of Chapter 310, Zoning, to make, continue or cause to be made excessive noise so as to cause annoyance, inconvenience or detriment to the public or to any person or persons. Noise shall be considered excessive if the sound level from the air-conditioning unit or any other type of mechanical equipment or apparatus installed on or connected to a structure, other than a permanent standby generator, exceeds 55 decibels as measured on the A scale of a General Radio Company Type 1565-A level meter or American National Standards Institute, Inc., approved equivalent, when the meter is located at a point not nearer than the property line nearest to such air-conditioning unit, mechanical equipment or apparatus.
Permanent standby generators shall not exceed 70 decibels on the A scale as measured 23 feet from the unit, in maintenance operation as stated by the manufacturer’s specification, which shall be submitted with the building permit application, and as provided by § 310-7S, except that permanent standby generators placed in the side yard in the A3, A4, and A5 zoning districts shall not exceed 66 decibels on the A scale as measured 23 feet from the unit.
If, as a result of a test initiated by the property owner or by order of the Village, the air-conditioning equipment, mechanical equipment or apparatus installed on or attached to premises, including permanent standby generators, is found to violate the terms of this chapter, the operation of said equipment or apparatus shall be discontinued immediately and not resumed unless proper corrections have been made and approved by the Building Inspector.
[Added 3-14-1989 by L.L. No. 6-1989]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.