[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.]
[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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
A.
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]]
[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."
B.
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.
C.
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.
[Amended 1-22-2013 by L.L. No. 2-2013]
A.
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.
B.
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.
C.
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.
