[Adopted 7-7-1992 by L.L. No. 7-1992[1]]
It is hereby declared to be the policy of the
Incorporated Village of Hempstead to prevent excessive, unnecessary,
unreasonable or unusually loud noise which may jeopardize the well-being,
public health, comfort, convenience, safety and welfare of its citizens
and the peace and quiet of the Incorporated Village of Hempstead and
its inhabitants. The provisions and prohibitions hereinafter contained
and enacted are for the above-mentioned purpose.
As used in this article, the following terms
shall have the meanings indicated:
The sound-pressure level in decibels as measured on a sound
level meter using the A-weighting network and designated as db(A).
[Added 8-3-2010 by L.L. No. 21-2010]
A unit for measuring the pressure level of a sound. For the
purpose of this article, the standard reference pressure stated herein
will be used to assure a consistent and standard reference for measuring
sound. The sound pressure level measured in decibels is equal to 20
times the logarithm to the base ten of the ratio of the effective
pressure of the sound measured to the reference pressure, such reference
pressure being 20 micropascals (20 micronewtons per square meter).
This is equivalent to 20 log10 PRMS 20 Micro-N/M2.
[Added 8-3-2010 by L.L. No. 21-2010]
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Any machine, mechanism or equipment which is intended to
or which actually produces sound or vibrations.
[Added 8-3-2010 by L.L. No. 21-2010]
A sound wave whose instantaneous sound pressure varies essentially
as a simple sinusoidal function of time (American National Standards
Institute terminology).
[Added 8-3-2010 by L.L. No. 21-2010]
Any alarm activation or signal requiring or resulting in
a response from the Village police and fire department that is caused
either through mistake, mechanical failure, improper installation,
lack of prudent maintenance or through any negligence. "False alarm"
shall also mean any activation of an alarm system which indicates
a crime or situation other than that which it was designated to indicate
or, in the case of fire alarm systems, any condition not resulting
from fire or a potential hazard.
[Added 5-6-2014 by L.L. No. 4-2014]
A function periodic in time which is the reciprocal of the
period.
[Added 8-3-2010 by L.L. No. 21-2010]
A sound of short duration, usually less than one second,
and of high intensity, with an abrupt onset and rapid decay (American
National Standards Institute terminology; Examples include an explosion
or discharge of a firearm).
[Added 8-3-2010 by L.L. No. 21-2010]
The A-weighted sound level, measured with slow response,
that is exceeded 10% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
[Added 8-3-2010 by L.L. No. 21-2010]
The A-weighted sound level, measured with slow response,
that is exceeded 90% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
[Added 8-3-2010 by L.L. No. 21-2010]
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans; or 85 dB(A) as measured with a sound level meter; or 85
dB in any 1/3 octave band having a center frequency between 63 and
500 hertz inclusive (ANSI bands Nos. 18 through 27, inclusive).
[Amended 8-3-2010 by L.L. No. 21-2010]
Any sound which either endangers or injures the safety or
health of humans or animals or annoys or disturbs a reasonable person
of normal sensitivity or endangers or damages property or 85 dB(A)
as measured with a sound level meter; or 85 dB in any 1/3 octave band
having a center frequency between 63 and 500 hertz inclusive (ANSI
bands Nos. 18 through 27, inclusive; same as "unreasonable noise."
[Amended 8-3-2010 by L.L. No. 21-2010]
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by another person,
but not including intrabuilding real property divisions.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of "sound" may include any characteristic of the sound being described.
The weighted pressure level, measured by the use of a metering
characteristic and the weighting A, B and C (American National Standards
Institute terminology). For purposes of enforcing and interpreting
the provisions of this article, unless a different frequency weighting
is indicated, the A-weighting slow response shall apply.
[Added 8-3-2010 by L.L. No. 21-2010]
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighting networks for the measurement of sound
levels (American National Standards Institute terminology).
[Added 8-3-2010 by L.L. No. 21-2010]
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any musical instrument, radio, television, tape recorder, phonograph
or any other sound-amplifying equipment.
[Added 8-3-2010 by L.L. No. 21-2010]
Any activity or device that produces sound.
[Added 8-3-2010 by L.L. No. 21-2010]
Any sound which either endangers or injures the safety or
health of humans or animals or annoys or disturbs a reasonable person
of normal sensitivity or endangers or damages property; or 85 dB(A)
as measured with a sound level meter; or 85 dB in any 1/3 octave band
having a center frequency between 63 and 500 hertz inclusive (ANSI
bands Nos. 18 through 27, inclusive), same as "noise disturbance.”
[Amended 8-3-2010 by L.L. No. 21-2010]
A.
It shall be unlawful for any person to unreasonably
make, continue or cause to be made or continued any unreasonable noise
or noise disturbance.
Any conduct contributing toward participation
in any of the following activities is declared to be unlawful:
A.
The sounding of any horn or signal device on any automobile,
motorcycle, truck, bus or other vehicle, except as a warning signal
pursuant to the provisions of the Vehicle and Traffic Law of the State
of New York.
B.
Operating, playing or permitting the operation or
playing of any radio, television, phonograph, drum, musical instrument,
sound amplifier, sound-reproduction device or similar device which
produces, reproduces or amplifies sound in such a manner as to create
a noise disturbance across a real property boundary which produces
a level of music, talking or other sound which, as measured in accordance
with American National Standards (ANSI) S1.6-1984 (R1997), inside
any adjacent or neighboring building or any adjacent or neighboring
residential unit, is in excess of either:
[Amended 8-3-2010 by L.L. No. 21-2010]
D.
The use, loading or unloading of any automobile, motorcycle
or other vehicle in such a manner as to create a noise disturbance
across a residential real property boundary.
E.
The blowing of any steam whistle attached to any stationary
boiler, except to give notice of the time to begin or stop work or
as a warning of danger.
F.
The discharge into the open air of the exhaust of
any steam engine, stationary internal-combustion engine or motor vehicle,
except through a muffler or other sound-dissipative device which effectively
will prevent loud or explosive noises therefrom.
G.
The erection, including excavating, demolition, alteration
or repair, of any building other than between the hours of 7:00 a.m.
and 6:00 p.m., except in a case of urgent necessity in the interest
of public safety, and then only with a permit issued by the Superintendent
of the Building Department, which permit may be renewed for a period
of three days or less while the emergency continues.
H.
Creating or causing the creation of any sound on any
street or public property adjacent to any school, institution of learning
or court while the institution or court is in session, or adjacent
to any hospital, which unreasonably interferes with the workings of
the institution, court or hospital, provided that conspicuous signs
are displayed in the area indicating that it is a school, hospital
or court area.
I.
Loading, unloading, opening, closing or other handling
of boxes, crates or other containers in such a manner so as to create
unreasonable noise.
J.
Offering for sale or selling anything by shouting
or outcry or making any other types of shouting or outcry within a
residential area, thus creating unreasonable noise across a residential
real property boundary.
K.
The use of any loudspeaker or amplifier device such
that the sound therefrom creates unreasonable noise across a real
property boundary.
L.
Operation of radios, sound and public-address systems,
etc.
(1)
It shall be unlawful for any person to operate or
permit to be operated any radio, radio loudspeaker apparatus, sound
system, talking machine, public-address system or other similar device
in such a manner that the sound therefrom is directed to and may be
heard by the public.
(2)
Nonmobile public-address systems may be operated when
a permit therefor is obtained from the Board of Trustees, subject
to such restrictions as the Board of Trustees may impose. In no event
shall the audio power output of such system exceed 150 watts.
(3)
Exceptions.
(a)
Bells, chimes or carillons. Nothing herein contained
shall preclude or prohibit the use of loudspeakers or other amplifying
devices to broadcast the sound of bells, chimes, carillons or replicas
thereof by a church or any religious organization.
(b)
Outdoor entertainment; use by common carriers.
Nothing herein contained shall preclude or prohibit the reasonable
use of loudspeakers, amplifiers or other broadcasting devices in any
outdoor sports arena, stadium or public park during the progress of
a game, exhibition or other program conducted in compliance with the
law or at a railroad or bus station in connection with the operation
of a common carrier in advising the public as to the arrival and departure
of public conveyances and similar information.
(c)
Religious and seasonal music. Nothing herein
contained shall preclude or prohibit the reasonable use of loudspeakers
in business-zoned areas of the Village solely to broadcast religious
and seasonal music from December 16 to January 1, inclusive, between
the hours of 9:00 a.m. and 9:00 p.m.
M.
Operating or permitting the operation of any mechanically
powered saw, sander, drill, grinder, lawn or garden tool, snowblower
or similar device which creates an unreasonable noise across a real
property boundary other than between the hours of 7:00 a.m. and 9:00
p.m. on any day.
N.
The operation of any machinery, equipment, pump, fan,
exhaust fan, attic fan, air-conditioning apparatus or similar mechanical
device which exceeds the following limits:
[Amended 8-3-2010 by L.L. No. 21-2010]
(1)
At a residential property line between 9:00 a.m. and 10:00 p.m. and
at a nonresidential property at any time:
(a)
Continuous airborne sound which has a sound level in excess
of 65 dBA; or
(b)
Impulsive sound in air which has a peak sound pressure level
in excess of 850 decibels; or
(c)
Continuous airborne sound that has an octave band sound pressure
level, in decibels, which exceeds the values listed below in one or
more octave bands:
|
Octave Band Center Frequency (Hz)
|
Octave Band Sound Pressure Level (dB)
| |
|---|---|---|
|
31.5
|
96
| |
|
63
|
82
| |
|
125
|
74
| |
|
250
|
67
| |
|
500
|
63
| |
|
1,000
|
60
| |
|
2,000
|
57
| |
|
4,000
|
55
| |
|
8,000
|
53
|
(2)
At a residential property line between 10:00 p.m. and 9:00 a.m.:
(a)
Continuous airborne sound which has a sound level in excess
of 50 dBA; or
(b)
Impulsive sound in air which has a peak sound pressure level
in excess of 70 decibels; or
(c)
Continuous airborne sound that has an octave band sound pressure
level, in decibels, which exceeds the values listed below in one or
more octave bands:
|
Octave Band Center Frequency (Hz)
|
Octave Band Sound Pressure Level (dB)
| |
|---|---|---|
|
31.5
|
86
| |
|
63
|
71
| |
|
125
|
61
| |
|
250
|
53
| |
|
500
|
48
| |
|
1,000
|
45
| |
|
2,000
|
42
| |
|
4,000
|
40
| |
|
8,000
|
38
|
O.
Alarm devices.
(1)
No person shall use, operate, install or maintain
any alarm device which automatically transmits taped telephone alarms
to the Village of Hempstead Police Department or Village of Hempstead
Fire Department unless said alarm system conforms to the provisions
of Local Law No. 9 of 1979 of the Nassau County Administrative Code
adopted on July 23, 1979, by the Nassau County Board of Supervisors.
(2)
The transmission of false alarms by any alarm device
which are actually received by the Village of Hempstead Police Department
or Village of Hempstead Fire Department and which exceed three in
number during any calendar year is prohibited.
[Amended 7-5-2017 by L.L.
No. 4-2017]
(3)
The installation, maintenance or use of any audible
burglar alarm or fire alarm that is not provided with a device that
will automatically shut off such alarm after 30 minutes of continuous
sound, recycling without intent, is prohibited.
(4)
Allowing or permitting such burglar alarm or fire
alarm to emit sound audible beyond the real property boundaries of
the user of said alarm for a continuous period of more than 30 minutes,
whether or not said alarm has been equipped with the automatic shutoff
device hereinabove required, is prohibited.
