[Adopted 10-10-1962]
As used in this article, the following terms
shall have the meanings indicated:
The unit of total light output from a light source.
[Added 4-16-2007 by L.L. No. 2-2007]
Any street open to the public for its full width from property
line to property line, including the sidewalk area whether or not
installed.
Any property available to, or open to use by, all or a majority
of the property owners or residents of the Village of Atlantic Beach.
No person shall do, perform, suffer, cause or
permit any of the following acts or things within the corporate limits
of the Village of Atlantic Beach:
A.
Place any garbage, refuse, cuttings or other waste
materials upon any public highway or public place except when securely
closed in a container or securely tied and solely for the purpose
of removal thereof by a public or private collector.
B.
Cause or permit garbage, refuse or other waste materials
to be scattered or blown from the custody or property of such persons
to any public highway or public place.
C.
Throw or place any garbage, refuse or other waste
materials in the waters of Reynolds Channel, Far Rockaway Bay or the
Atlantic Ocean or upon the property of another without the permission
of the owners of such property.
D.
Permit any sewerage, drainage or ventilating system
to operate, or fail to properly operate, in such manner as to cause
odor or condition injurious to the health, comfort and safety of any
person or persons.
E.
Permit any air-conditioning, cooling, ventilating,
heating, incinerating system or machine to operate in such manner
as to interfere with the peace, quiet, comfort or rest of any other
person or persons.
F.
Spit or expectorate upon or within any public highway,
public place, common hallway of apartment or within that portion of
any commercial or business establishment open to or used by the public
in general.
G.
Permit dry grass, weeds, cuttings, paper, rags, boxes,
waste or combustible materials to accumulate, collect or remain on
premises under his care or control which are likely to cause a fire
or create a condition injurious to the health, comfort or safety of
any person or persons.
H.
Raise, keep or slaughter any fowl, poultry, horses,
cattle or other livestock.
I.
Permit any heating, air-conditioning or incinerating
equipment or unit to operate in a manner as to cause smoke, soot,
ashes or dust to such an extent as to adversely affect the health,
comfort or safety of another person or persons.
J.
Install, construct or maintain on any house, pole,
or wire, any lamp, electric bulb, spot light or any lighting device
in excess of 1170 lumens, indoor or outdoor, which throws, extends
or shines light rays beyond the property lines of the owner or lessee
of the house, or any other structure, pole or wire, so as to interfere
with the peace, quiet, comfort, sleep or rest of any other person
or persons, or adversely affect the health of any person or persons.
[Added 12-11-1989 by L.L. No. 3-1989; amended 4-16-2007 by L.L. No. 2-2007]
K.
Residential
properties.
[Added 5-10-2021 by L.L. No. 3-2021]
(1)
No
person shall cause or permit to be caused by any means noise which
causes the noise level to exceed 65 dB (other than the premises from
which the noise emanates) to be heard beyond the boundaries of property
owned or leased that would annoy, injure or endanger the comfort,
repose, health, peace or safety of other persons.
(2)
No
person shall maintain or operate any radio, record player, tape recorder,
musical devices or instruments or other device designed for the creation
or broadcast or emission of music or other sounds at such a level
that the noise emitter therefrom shall unreasonably disturb, annoy,
alarm or interfere with the comfort or repose of any person not on
the premises on which such device is located.
L.
Nonresidential
properties.
[Added 5-10-2021 by L.L. No. 3-2021]
(1)
The
use of any sound-reproduction device outside of a structure whereby
the sound emitted from such device is audible on property being used
for residential purposes from the real property boundary line of the
property from which said noise emanates.
(2)
The
use or operation of any sound-reproduction device inside a structure
so as to result in the sound, or any part thereof, emitted from such
device to be projected therefrom outside the structure whereby the
sound emitted from such device is audible on property being used for
residential purposes from the real property boundary line of the property
from which the noise emanates.
[Added 5-10-2021 by L.L. No. 3-2021]
A.
Noises
caused by concerts or events sponsored or permitted by the Village.
B.
Noise
caused when a permit has been issued for any of the following:
(1)
A
block party between the hours of 11:00 a.m. and 10:00 p.m.
(2)
Noise
emanating from commercial establishments sponsoring concerts or bands
where a permit allowing noise exceeding 65 dB has been issued by the
Village, and provided that such noise shall not exceed more than three
hours in total duration between the hours of:
[Amended 11-14-1973; 2-9-1998 by L.L. No. 1-1998]
Any person or corporation who shall violate
any of the provisions of this article, or fail to comply therewith,
or with any of the requirements thereof, or who shall build or alter
or use any building or land in violation of any detailed statement
or plan submitted and approved hereunder, shall be guilty of a misdemeanor,
punishable by a fine not exceed $500 or imprisonment for a period
not to exceed 15 days, or both. Each day's continued violation shall
constitute a separate additional violation. The owner or owners or
lessee of any building or premises, or part thereof, where anything
in violation of this article shall be placed, or shall exist, and
any architect, builder, contractor, agent, person or corporation employed
in connection therewith, and who have assisted in the commission of
any such violation, shall each be guilty of a separate offense and
upon conviction thereof, shall be fined as herein provided.
