[HISTORY: Adopted by the Council of the City of Rye 2-4-1942 as Art. 2 of Ch. 4 of the General Ordinances; amended 3-7-1962 by Ord. No. 1-1962. Other amendments noted where applicable.]
Subject to the provisions of this chapter, the creation of any unreasonably loud, disturbing and unnecessary noise is prohibited. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but any enumeration herein shall not be deemed to be exclusive:
The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort and repose of any person in the vicinity.
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any performance, show or sales or display of merchandise by the creation of noise.
The use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes unless a written permit is first obtained from the City Clerk.
The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine or motorboat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
The operation of any machinery, motor vehicle, equipment, pump, exhaust fan, attic fan, air-conditioning apparatus or similar mechanical device, television, radio or phonograph, the loading or unloading of any vehicle, or the use of any instrument in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of any person or persons in any dwelling, hotel or other type of residence, or in such a manner or with such volume as to create any noise in excess of the sound-pressure levels herein designated.
[Amended 8-21-1991 by L.L. No. 19-1991]
Except for noise emanating from the operation of motor vehicles, the permissible intensity of noise from any of the foregoing acts, whether such noise is intermittent, impulsive, sporadic or continuous, shall be limited as follows:
Maximum sound pressure [db(A)] shall be as follows:
[Amended 7-20-1994 by L.L. No. 1-1994; 4-2-2008 by L.L. No. 1-2008; 5-7-2008 by L.L. No. 3-2008]
Fifty-five db(A) for stationary sources and 70 db(A) for outdoor power tools.
Portable air compressors and their related equipment are limited to 76 db(A).
Lawn mowers, leaf blowers, and outdoor vacuum cleaners shall have a permitted intensity of 85 db(A); use of this equipment is prohibited between the hours of 8:00 p.m. and 8:00 a.m. on weekdays and between the hours of 6:00 p.m. and 10:00 a.m. on weekends and holidays. The permitted intensity and hours described in this subsection will apply to leaf blowers during months when the use of leaf blowers is permitted.
Air-conditioning units and pool filters are limited to 60 db(A).
[Amended 8-21-1991 by L.L. No. 19-1991]
Except for noise emanating from the operation of motor vehicles, the point at which the intensity of sound is to be measured shall be at a distance of 50 feet, air-conditioning units and pool filters at a distance of 10 feet.
Measurement shall be made using a meter capable of measuring decibels and of a type meeting ANSI S1.4-1971, Type 2 standard. The measurement is to be made using a free-field microphone directed at the noise source.
[Amended 8-21-1991 by L.L. No. 19-1991]
Noise emanating from the operation of motor vehicles shall not exceed sound-pressure levels described in § 386 of the Vehicle and Traffic Law.
Upon the trial of any action or proceeding arising out of acts committed by any person creating unreasonably loud, disturbing and unnecessary noise, the court may admit evidence of sound-pressure levels in decibels as shown by a sound-level meter, octave band analyzer and impact noise analyzer or similar device. For the purposes of this chapter, evidence that noise exceeded the maximum sound-pressure levels in decibels as provided in §§ 133-3 and 133-5 hereof may be admitted as prima facie evidence that the noise was unreasonably loud, disturbing and unnecessary.
[Added 6-16-1999 by L.L. No. 5-1999; 4-2-2008 by L.L. No. 1-2008; 5-7-2008 by L.L. No. 3-2008]
It is the policy of the City of Rye to minimize noise created by lawn maintenance equipment. The following rules are intended to help accomplish that goal. In addition to these restrictions, operators should exercise courtesy and take reasonable steps to minimize the noise creation at all times.
No person shall operate within the City of Rye any gasoline or electric leaf blower between May 1 and September 30 every year with the exception that this ban does not take effect until June 1, 2008. As used in this subsection, "leaf blower" shall be defined to include any device powered by a electricity, 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.
The head of the Rye Department of Public Works may permit the use of leaf blowers from May 1 to September 30 for a period of time not to exceed seven days after significant storm events or during other emergency situations circumstances.
Additional rules for any person operating any leaf blower between the dates of October 1 and April 30 are as follows:
This section shall not apply to the following entities and activities: municipal, schools, religious institutions, membership clubs, golf courses, hospital and retirement communities, cemeteries, and driveway/road paving and sealing activities, except that any leaf blower use shall be minimized to the maximum extent practicable in proximity to residences.
The use of power or leaf blowers to move leaves or yard debris to city streets, public property, storm drains or abutting lots is prohibited at all times.
Between January 1 and March 1 of 2009, the City Council shall place on its agenda for public comment a discussion of § 133-7 to evaluate the City's experience concerning the provisions of this section. Exempt entities in § 133-7D shall file a report with the City Manager by December 31, 2008 describing their efforts to reduce and minimize leaf blower use within their institutions.
[Added 6-18-2003 by L.L. No. 2-2003; amended 4-11-2007 by L.L. No. 2-2007; 5-7-2008 by L.L. No. 4-2008; 7-8-2015 by L.L. No. 6-2015]
Whenever used in this section, the following terms shall have the meanings indicated:
- MECHANICAL ROCK EXCAVATION
- Mechanical rock removal with the use of a mechanical hammer or similar device, but excluding drilling or boring of holes, and excluding the removal of man-made structures such as concrete steps or driveways.
- ROCK EXCAVATION PERMIT
- A permit issued for rock excavation on a subject property.
- SUBJECT PROPERTY
- The lot for which a mechanical rock excavation permit or blasting permit pursuant to Chapter 98 is issued.
- TESTING DAYS
- A day when a school is administering a state or federally mandated test or a day when the school is administering an advanced placement test, PSAT, SAT, ACT, final examinations or other similar tests, as long as the school or district posts on their web site at the beginning of each school year such dates and provides such information at the beginning of the school year to the Building Department.
- UNEXPECTED CIRCUMSTANCES
- Circumstances unforeseen by the property owner including mechanical failure of a machine, unexpected conditions or inclement weather.
No mechanical rock excavation or blasting may take place unless a permit is obtained. All permits shall identify the purpose for which the Rock Excavation Permit or blasting permit is being issued, the owner of the subject property, including any partners of any limited liability company, and the permitted duration of the mechanical rock excavation or blasting. The application for a mechanical rock excavation or blasting Permit shall include a certification by the property owner that the property owner has reasonably determined that any mechanical rock excavation can be completed within the period in Subsection B(1) below.
Mechanical rock excavation and blasting shall be restricted to 38 consecutive calendar days.
No mechanical rock excavation Permit or blasting permit shall be issued unless the applicant has a dust mitigation plan approved by the Building Department. Such dust mitigation plan shall incorporate the best dust control practices including, but not limited to, a water spray system (air suppression or surface wetting). All dust mitigation plans shall include measures to control water runoff as a result of any water spray program.
Trucks and other vehicles used to transport particulate matter shall be covered and any particulate matter kept on site shall be sufficiently wetted or stored to prevent particulate matter from becoming airborne.
Portable hand water sprinklers or hose sprinklers are acceptable means of wetting for dust control. The water sprays or jets shall be designed to break the water stream into small droplets or otherwise to provide effective wetting.
Suitable drainage means shall be provided for the removal of water and sludge which drains from the operation.
Soil or debris piles shall be moistened if dust is being emitted from the piles due to prevailing winds and not from a momentary gust. Adequately secured tarps, plastic or other material may be required by the Building Department to further reduce dust emissions.
Upon receiving a mechanical rock excavation permit or blasting permit, any individual who intends to engage in mechanical rock excavation or blasting on any property in the City of Rye shall register with the City at least seven calendar days prior to the commencement of such activities. Upon such notification, the subject property will be listed on the City of Rye website showing the earliest commencement date and when the thirty-eight-day period ceases. Such notice shall be displayed in a visible location at the subject property.
In addition to notifying the City as required above, the individual must also notify the neighbors by sending out a public notification prepared by the Building Department. The applicant shall prepare a notification list, using the most current City of Rye Tax Maps and Tax Assessment Roll, showing the Tax Map sheet, block and lot number, the owner's name and owner's mailing address for each property located wholly or partially within 500 feet of the subject property. If a property on the public notification list is also listed as a cooperative or an apartment, the notice shall only be mailed to the property owner of record. These mailing requirements must be performed in accordance with the following requirements:
The mailing shall be limited solely to the public notice provided by the City Building Department.
The notice shall be mailed to all property owners by regular United States mail at a post office or official depository of the Postal Service at least 10 days prior to the commencement of mechanical rock excavation or blasting.
The individual must provide a copy of the certificate of mailing to the City Building Department prior to the commencement of any mechanical rock excavation or blasting.
Construction work prohibited at certain hours and on certain days. No person shall engage in construction work earlier than 7:30 a.m. or later than 6:30 p.m., prevailing time, on weekdays; earlier than 10:00 a.m. or later than 5:00 p.m., prevailing time, on Saturdays; or at any hour on Sundays or any of the following holidays: New Year's Day, Presidents' Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Yom Kippur, Thanksgiving Day, Christmas Day and New Year's Day.
Notwithstanding any provision of § 133-8 to the contrary, an individual may perform construction work him/herself on property on which such individual then resides as follows:
Mechanical rock removal, including mechanical rock excavation, and blasting are prohibited at certain hours and on certain days. No person shall engage in mechanical rock removal, including mechanical rock excavation, as defined in Subsection A, or blasting operations using explosives as defined by § 98-40, within the City of Rye after the hour of 3:30 p.m. or before 9:00 a.m. on weekdays or at any time on Saturday and Sunday; or on any of the following holidays and time periods: New Year's Day, Presidents' Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Yom Kippur, Thanksgiving Day through Thanksgiving weekend and Christmas Day through New Year's Day except under authority of a special permit issued by the City Manager. In addition, mechanical rock removal, including mechanical rock excavation, and blasting will be prohibited within 500 feet of a school on testing days.
No person performing mechanical rock removal shall have more than two machines and two hammers operating on the subject property at the same time. Rock crushing shall not be permitted on the subject property.
A property owner who has properly applied for and received a permit for mechanical rock excavation or blasting, and has otherwise complied with the provisions of this chapter, may apply to the City Manager for an additional, one-time seven-calendar-day waiver in addition to the 38 days above, subject to all the other restrictions contained herein, to be granted at the discretion of the City Manager on a reasonable basis under a totality of the circumstances presented. If the waiver is granted, the additional seven-day period will be set by the City Manager, and the period will be listed on the City website.
A property owner who has properly applied for and received a permit for mechanical rock excavation or blasting, and has otherwise complied with the provisions of this chapter, may apply to the City Manager for an additional, one-time seven-consecutive-calendar-day waiver in addition to the 38 days above, subject to all the other restrictions contained herein. The property owner shall have the burden of demonstrating to the City Manager that a waiver is warranted due to unexpected circumstances. The City Manager, at his sole discretion, can require documentation supporting unexpected circumstances, including a certification that the unexpected circumstances prevented the completion of mechanical rock excavation or blasting during this period. If the waiver is granted the period will be listed on the City website.
Editor's Note: This local law also renumbered former §§ 133-8 and 133-9 as 133-9 and 133-10, respectively.
[Added 6-16-1999 by L.L. No. 5-1999; amended 4-11-2007 by L.L. No. 2-2007; 5-7-2008 by L.L. No. 4-2008; 7-8-2015 by L.L. No. 6-2015]
In the event an activity is not being performed in accordance with this chapter, the owner of the property or the owner's agent or the person performing such violation shall be notified to suspend all work, and any such persons shall forthwith stop such work and suspend all activities. Any person who violates any provision of this chapter shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both, except that violations under § 133-8, Permit required; construction work, mechanical rock excavation and blasting restrictions, shall be treated as individual violations and for each and every such violation and noncompliance, respectively, thereof, shall be punished upon such first conviction by a fine of not more than $1,000, an order to suspend construction work, mechanical rock removal and/or mechanical rock removal and/or excavation and/or blasting on the site for a period of not more than 72 hours, or by imprisonment not exceeding 15 days, or any combination of such fine, suspension, and imprisonment, and each day that such violation shall continue shall be construed as a separate offense. Upon any subsequent conviction for the same offense such person shall be subject to a fine of not more than $2,000, or an order to suspend construction work, mechanical rock removal and/or excavation and/or blasting on the site for a period of not more than 72 hours, or by imprisonment not exceeding 15 days, or any combination of such fine, suspension and imprisonment. The imposition of one penalty for any violation shall not excuse or remedy such violations.
[Added 8-21-1991 by Ord. No. 19-1991; amended 6-16-1999 by L.L. No. 5-1999; 7-8-2015 by L.L. No. 6-2015]
The following activities and agencies are exempt from the requirements of this chapter:
The actions of governmental agencies, including the Rye City School District and the Rye Neck Union Free School District, shall be specifically exempt from the requirements of this chapter.
Removal of rock for the sole purpose of the installation of gas or electrical service, and the installation of water, sewer service or storm water drainage, shall be exempt from § 133-8B and D above. Any property owner seeking to utilize this exemption must certify in writing that the rock removal is solely for this purpose, and must provide at least 24 hours' notice to the City of same. The property owner must provide new certification and notice if the removal lasts more than three days. Upon such notice(s), the activity will be listed on the City website.