[HISTORY: Adopted by the Town Board of the
Town of Pound Ridge 2-3-2005 by L.L. No. 1-2005; amended in its entirety 2-9-2012 by L.L. No.
1-2012. Subsequent amendments noted where applicable.]
The title to the chapter shall be known as the "Town of Pound
Ridge Noise Control Law."
It is hereby declared to be the policy of the Town of Pound
Ridge to safeguard the rights of its residents within the privacy
of their homes to be free from intrusive and unwanted sounds. Problems
concerning disturbance of peace and quiet by noise from various activities
are best solved by thoughtful discussions and cooperative agreements
between neighbors or other affected parties. However, to resolve remaining
problems of noise which is disturbing to others, it is the policy
of the Town of Pound Ridge to establish standards, enforcement procedures
and penalties.
The Building Department of the Town of Pound Ridge.
Any work or activity associated with the normal exterior
maintenance or repair of a property, performed by a third-party contractor,
that is not regulated by the Town of Pound Ridge Building Department.
Anyone engaged in a commercial activity.
New Year's Day, Dr. Martin Luther King Birthday, Presidents
Day, Columbus Day, Veterans Day, Memorial Day, Juneteenth, Independence
Day, Labor Day, Yom Kippur, Thanksgiving Day and Christmas Day.
[Amended 12-13-2022 by L.L. No. 4-2022]
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, whether
portable and carried, or walked behind, or attached to a tractor or
similar machine.
[Added 12-13-2022 by L.L. No. 4-2022]
Any work or activity associated with the normal exterior
maintenance or repair of a property, performed by an individual homeowner
and family, that is not regulated by the Pound Ridge Building Department.
Any sworn member of the Town of Pound Ridge Police Department,
any member of the New York State Police, or any other official who
possesses the powers of a police officer, as defined in the Criminal
Procedure Law, whose geographic area of employment includes the Town
of Pound Ridge, Westchester County, New York.
[Amended 12-13-2022 by L.L. No. 4-2022]
A.
During
the hours of 6:00 p.m. to 8:00 a.m., Monday through Saturday; from
6:00 p.m. on Saturday until 8:00 a.m. on Monday; and on all holidays
(as defined herein), it shall be unlawful for a commercial operator
to:
(1)
Operate,
cause to be operated, or permit the operation of a leaf blower, chain
saw, lawnmower or other gardening or landscaping equipment which is
powered by electricity, rechargeable battery or combustion engine.
(2)
Operate,
cause to be operated or permit the operation of any equipment, machinery,
tool or any other device used in construction, building, grading,
blasting, excavation, or tree removal that makes a noise or sound
which is audible beyond the property line on which it is located.
B.
It
shall be unlawful for a commercial operator to operate, cause to be
operated, or permit the operation of an internal combustion leaf blower
between May 15 and October 15.
It shall additionally be unlawful for the owner, lessee or person
having possession and control of any property to:
B.
Engage in or to conduct themselves in such a manner so as to disturb
the peace of the neighborhood. A specific prohibition is continuous
noise in excess of 45 dBa at the property line for 30 minutes or more
between the hours of 11:00 p.m. and 7:00 a.m.[1]
[1]
Editor's Note: Former Subsection C, regarding engaging in
continuous conduct that causes noise, which immediately followed,
was repealed 12-13-2022 by L.L. No. 4-2022.
A.
The
use of snowblowers, chain saws, generators, and other domestic tools
and equipment is exempted from the limits of this chapter when they
are being used to clear driveways, streets or walkways during and
within 24 hours after the cessation of a power outage, weather event
or similar emergencies.
B.
Nothing
in this chapter shall be construed to prevent the production of music
in connection with any military or civic parade, funeral procession,
or religious service.
C.
This
chapter shall not be construed to prohibit the use of any organ, bell,
chimes, or any other similar instrument or device by any church, synagogue
or school on or within its own premises in connection with religious
rites or ceremonies of such church or synagogue or in connection with
a school education program.
D.
Sounds
created by any governmental agency by the use of public warning devices
are exempted from the limitations of this chapter.
E.
Sounds
created by public utilities in carrying out the operations of their
franchise are exempted from the limitations of this chapter.
F.
Sounds
connected with activities and equipment of the Town of Pound Ridge
are exempt from the limitations of this chapter, with the exception
of internal combustion leaf blowers.
[Amended 12-13-2022 by L.L. No. 4-2022]
G.
Sounds
created by contractors in the performance of public duties and operating
under government direction are exempt from the limitations of this
chapter.
H.
The restrictions and limitations set forth in § 75-4 shall not apply:
[Added 12-13-2022 by L.L. No. 4-2022]
(1)
To any
operating eighteen-hole golf courses in the Town of Pound Ridge.
(2)
During
times of emergency as determined by executive order of the Town Supervisor,
provided the use of such equipment which is noncompliant with this
chapter is deemed necessary by the Supervisor or other emergency response
official to address the emergency adequately and expeditiously.
(3)
Additionally,
the Supervisor or his or her designee, may, in his or her discretion
and upon application, grant a temporary permit to allow the operation
of one or more gas-powered leaf blowers to accommodate a special circumstance.
By way of illustration, a "special circumstance" includes, among other
things, the remediation of an abandoned or neglected property, the
cleanup of streets and roadways following a severe storm or any emergency
situation which presents an immediate danger to public health and
safety.
A.
The
Town Board of the Town of Pound Ridge is hereby authorized, by resolution,
to suspend any of the provisions of this chapter in connection with
any holiday celebration or upon any occasion of special public interest
for such time and upon such conditions as shall be prescribed by the
Town Board.
B.
Where
there are practical difficulties or unnecessary hardships in the way
of carrying out the strict letter of this chapter, the Town Board,
based on information provided after review by the Planning Board and/or
Zoning Board and/or Building Inspector, shall have the power to grant
a temporary variance to the owners of properties with nonresidential
use. The granting of this variance will be in harmony with the general
purposes and intent of this chapter, will not be injurious to the
community or any neighborhood or otherwise detrimental to public health
and safety. The owner of said property must demonstrate good and sufficient
cause for the granting of such variance. The Town Board will retain
continuing jurisdiction over said variance and shall have the power
to review, modify, rehear, reverse or annul, for good cause, any order,
resolution, decision, or determination made with respect to such variance.
C.
Special
permits granted by the Town Board that include provisions regulating
construction or maintenance operations shall supersede this chapter.
The provisions of this chapter shall be enforced by the Police
Department of the Town of Pound Ridge or any other police official
as defined in this chapter.
A.
Any
violation of any provisions of this chapter by any person, firm or
corporation shall be an offense and shall be punishable as follows:
(1)
First offense conviction: issuance of a warning citation.
(2)
For a second offense within one year of the issuance of a warning
citation: a fine of no less than $100 and not exceeding $250.
(3)
For a third offense within one year of a prior conviction or any
subsequent convictions within one year of a prior conviction: a fine
of not less than $250 and not exceeding $1,000.
B.
The
foregoing provisions for enforcement of the regulations of this chapter
are not exclusive but are in addition to any and all laws applicable
thereto.
The provisions of this chapter are not intended to interfere
with or supersede those regulations, requirements, restrictions or
conditions of other permits or ordinances in the Town of Pound Ridge.
These include:
