City of New Rochelle, NY Article II Unreasonable Noise [1]

[1] Editor's Note: Ordinance No. 234-1998, adopted 9-16-1998, provided for changing the title of Article II from "Unnecessary Noise" to "Unreasonable Noise."

§ 213-4 General prohibitions.

[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:

(1) The volume of the noise.

(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.

§ 213-5 Specific prohibitions.

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[1]]

[1] Editor's Note: This ordinance also repealed former Subsections F, Shouting; H, Squealing tires, and I, Exhausts, and renumbered former Subsection G as F and former Subsections J, K, L and M as G, H, I and J, respectively.

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]