[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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
A.
Maximum sound pressure [db(A)] shall be as follows:
(1)
Fifty-five db(A) for stationary sources and 70 db(A)
for outdoor power tools.
(2)
Portable air compressors and their related equipment
are limited to 76 db(A).
(3)
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.
(4)
Air-conditioning units and pool filters are limited
to 60 db(A).
(5)
Except for micro-wireless facilities, aboveground and below-ground
stationary utilities or communication facilities are limited to 45
db(A).
[Added 1-9-2019 by L.L.
No. 1-2019]
[1]
Editor's Note: This local law provided that
it become effective 6-1-2008.
[Amended 8-21-1991 by L.L. No. 19-1991]
A.
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, except that noise from:
[Amended 1-9-2019 by L.L.
No. 1-2019]
(1)
Air-conditioning units and pool filters at a distance of 10 feet.
(2)
Stationary utility or communications facilities located underground shall be measured three feet from the source of the noise. Stationary utility or communications facilities located on a utility pole or within a pole or other stealth facility shall be measured 12 feet from the sources of the noise or the nearest property line, whichever is closer. For any non-right-of-way stationary utility or communications facility shall be measured at the point that meets vertically from the nearest property line and horizontally from the equipment. For any such facilities, the measurements should include noise from that facility and all other stationary utility or communications facilities proximately associated with the stationary utility or communications facility or its Supporting Structure as defined in Chapter 196. Micro-wireless facilities located shall be measured at the source.
B.
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.
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.[2] In addition to these restrictions, operators should exercise
courtesy and take reasonable steps to minimize the noise creation
at all times.
A.
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.
B.
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.
C.
Additional rules for any person operating any leaf
blower between the dates of October 1 and April 30 are as follows:
D.
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.
E.
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.
F.
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[1]; 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; 5-27-2020 by L.L. No. 6-2020; 12-21-2022 by L.L. No. 10-2022]
A.
No person shall engage in construction work earlier
than 8:00 a.m. or later than 6:00 p.m. 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 holidays, Rosh Hashanah or Yom Kippur.
[Amended 6-14-2023 by L.L. No. 9-2023]
[1]
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; 12-21-2022 by L.L. No. 10-2022]
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, Construction work prohibited at certain hours and on certain days, 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 mechanical rock excavation 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 mechanical rock excavation 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:
A.
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.[1]
[1]
Editor's Note: Former Subsection B, regarding removal of rock
for the installation of certain utilities, which immediately followed
this subsection, was repealed 12-21-2022 by L.L. No. 10-2022.
