[Amended 12-9-1997 by Ord. No. 272-1997]
A. Any act in violation of any of the provisions of this article is deemed to be in violation of Subsection
B of this section without in any way limiting the generality of the provisions of Subsection
B of this section.
B. No person shall make, continue or cause or permit
to be made, verbally or mechanically, any unreasonable noise. Standards
to be considered in determining whether unreasonable noise exists
include, but are not limited to the following:
(2) The intensity of the noise.
(3) Whether the nature of the noise is usual or unusual.
(4) Whether the origin of the noise is natural or unnatural.
(5) The volume and intensity of the background noise,
if any.
(6) The proximity of the noise to residential sleeping
facilities or private residences.
(7) The nature and the zoning district of the area within
which the noise emanate.
(8) The time of day or night the noise occurs.
(9) The time duration of the noise.
(10) Whether the sound source is temporary.
(11) Whether the noise is continuous or impulsive.
(12) The presence of discrete tones.
The following acts and the causing thereof are
declared to be in violation of this chapter:
A. Sound-reproduction devices.
(1) No person shall operate or use or cause to be operated
a sound-reproduction device that produces unreasonable noise.
[Amended 9-16-1998 by Ord. No. 234-1998]
(2) No person shall operate or use or cause to be operated
any sound-reproduction device for commercial or business advertising
purposes or for the purpose of attracting attention to any performance,
show or sale or display of merchandise, in connection with any commercial
operation, in front or outside of any building, place or premises
abutting on or adjacent to a public street, park or place, or in or
upon any vehicle operated, standing or being in or on any public street,
park or place. Nothing in this section is intended to prohibit incidental
sounds emanating from sporting, entertainment or other public events.
(3) No person shall operate or use any sound-reproduction
device in any public place, such as public auditoriums, halls and
mass transit vehicles, in such a manner that the sound emanating is
audible to other persons.
B. Sound signal devices. No person shall operate or cause
to be operated any sound signal device, including but not limited
to any claxon, horn, whistle, bell, gong, drum or siren, so as to
create unreasonable noise, except:
[Amended 9-16-1998 by Ord. No. 234-1998]
(1) As required by the Vehicle and Traffic Law of the
State of New York.
(2) To give notice of the time to stop and start work.
C. Emergency warning device. No person shall operate
or cause to be operated any emergency warning device, except:
(1) To give notice as a warning of an emergency.
(2) On an authorized vehicle when such vehicle is engaged
in emergency operations.
(3) When such device is under test.
D. Burglar alarms. No person shall operate or cause to
be operated a continuous or intermittent audible burglar alarm or
any continuous or intermittent motor vehicle burglar alarm unless
such continuous or intermittent alarm shall be capable of automatically
terminating within 15 minutes after such continuous or intermittent
alarm is first activated. Any member of the Police Department of New
Rochelle shall have the authority to take such steps as may be necessary
to disconnect such alarm at any time when such alarm is operating.
(It is recommended that a phone number be displayed in order to contact
the owner.)
[Amended 6-25-1991 by Ord. No. 155-1991]
E. Animals. No person shall permit or allow any animal
under his/her control to bark, whine, howl or make any other noise
continuously for a period of 10 minutes or more at a volume which
can be heard anywhere beyond the residential, commercial or industrial
location from which such noise emanates. For the purposes of this
subsection, "continuously" shall mean constant, with few, if any,
brief breaks or periods of silence.
[Amended 9-16-1998 by Ord. No. 234-1998]
F. Containers and construction material. No person shall
load, unload, handle, transport, open, close or destroy any containers
or construction material in such a manner as to create unreasonable
noise.
[Amended 9-16-1998 by Ord. No. 234-1998]
G. Domestic power tools and equipment.
[Amended 9-14-1988 by Ord. No. 262-1988; 12-13-1994 by Ord. No. 291-1994]
(1) No person shall operate or permit to be operated any
powered tool or equipment, including but not limited to saws, sanders,
drills or similar devices, outdoors in a residentially zoned district
except during the following times:
[Amended 4-20-2021 by Ord. No. 2021-47]
(a) On weekdays (excluding state legal holidays) between 8:00 a.m. and
7:00 p.m.
(b) On Saturdays, Sundays and state legal holidays between 10:00 a.m.
and 5:00 p.m.
(2) Notwithstanding any other provision of this Chapter
213, between April 15 and October 15 inclusive of each calendar year, power-driven garden tools, including but not limited to lawn mowers, lawn tractors and hedge trimmers, shall not be operated in the City of New Rochelle, except at the following times:
[Amended 1-17-1995 by Ord. No. 24-1995]
(a)
On weekdays between 8:00 a.m. and 5:00 p.m.,
except grass may be cut with an internal combustion engine lawn mower
by an occupant of the premises where it is being cut on weekdays between
the hours of 5:00 p.m. and 8:00 p.m.
(b)
On Saturdays between 10:00 a.m. and 5:00 p.m.
(c)
On Sundays between 10:00 a.m. and 5:00 p.m.
(3) Notwithstanding any other provision of this Chapter
213, leaf blowers, as defined in this chapter, shall not be operated at all between June 1 and September 30 of each calendar year. From October 1 to May 31 of each calendar year, leaf blowers may be operated in the City of New Rochelle at the following times:
(a)
On weekdays between 8:00 a.m. and 5:00 p.m.
(b)
On Saturdays between 10:00 a.m. and 5:00 p.m.
(c)
On Sundays between 10:00 a.m. and 5:00 p.m.
H. Modification of noise control devices. No person shall
operate or permit to be operated any device that has been modified
so as to cause the sound emitted to be greater than that emitted by
such device as originally manufactured.
I. No person shall cause or permit the operation of any
device, vehicle, construction equipment or lawn maintenance equipment,
including but not limited to any diesel engine, internal combustion
engine or turbine engine, without a properly functioning muffler.
[Added 3-15-1994 by Ord. No. 64-1994]
J. Severability. If any section, subdivision, sentence,
clause, phrase or portion of this section is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provisions, and
such holding shall not affect the validity of the remaining portions
thereof.
[Added 12-13-1994 by Ord. No. 291-1994]