Village of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 5-14-1973, effective 5-23-1973(Sec. 8 of Ch. 4 of the Unified Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 88.
Blasting — See Ch. 120.
It is found and declared that the making and creation of excessive, unnecessary or unusually loud noises within the limits of the Village of Mamaroneck is a condition which has existed for some time, and the extent and volume of such noises is increasing; the making, creation or maintenance of such excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the Village of Mamaroneck; and the necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy. It is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Village of Mamaroneck and its inhabitants.
It shall be unlawful for any person to make, continue or cause to be made or continued any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the village.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:
A. 
Horns, signaling devices etc.: the sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the village, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is, for any reason, held up.
B. 
Radios, phonographs, etc.: the using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of involuntary listeners thereto or at any time with louder volume than is necessary for convenient hearing for the person or persons who are located where such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at a distance of one hundred (100) feet from the place in which it is located shall be prima facie evidence of a violation of this chapter.
[Amended 7-27-1981 by L.L. No. 5-1981, effective 8-3-1981]
C. 
Loudspeakers and amplifiers for advertising: the using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is placed upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
D. 
Yelling, shouting, etc.: yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 8:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity.
E. 
Animals, birds, etc.: the keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.
F. 
Steam whistles: the blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper village authorities.
G. 
Exhausts: the discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
H. 
Defect in vehicle or load: the use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
I. 
Loading, unloading or opening boxes: the creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
J. 
Construction or repairing of buildings: the erection, construction or reconstruction of buildings or major repairs to buildings, the excavation, clearing, filling or grading of land or the placement or removal of earth, stone or building material of any kind, whether or not the work involved the use of machinery or power tools, such that the sound therefrom creates unreasonable noise across a residential real property boundary, other than between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three (3) days while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues. If the Building Inspector should determine that the public health and safety will not be impaired by such erection or excavation outside the hours set forth above and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done, during any hours which he deems the same to be reasonable, upon application being made at the time the permit for the work is awarded or during the progress of the work. No such activity shall be permitted on Sundays or on any of the following holidays: New Year's Day, Martin Luther King's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Yom Kippur, Thanksgiving and Christmas.
[Amended 5-8-1989 by L.L. No. 6-1989, effective 5-12-1989]
K. 
Schools, courts, churches and hospitals: the creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use or adjacent to any hospital, which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
L. 
Hawkers and peddlers: the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
M. 
Drums: the use of any drum or other instrument or device for the purpose of attracting attention, by creation of noise, to any performance, show or sale.
N. 
Metal rails, pillars and columns and transportation thereof: the transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, trays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
O. 
Pile drivers, hammers, etc: the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other such appliance, the use of which is attended by loud or unusual noise, other than between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday. No such activity shall be permitted on Saturdays, Sundays or on any of the following holidays: New Year's Day, Martin Luther King's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Yom Kippur, Thanksgiving and Christmas.
[Amended 5-8-1989 by L.L. No. 6-1989, effective 5-12-1989]
P. 
Blowers: the operation of any noise-creating blower or power fan or any internal combustion engine the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
Q. 
Tractors, lawn mowers, etc.: the operation between the hours of 8:30 p.m. and 8:00 a.m. of any tractors, lawn mowers or other machinery powered by an internal combustion engine, not including leaf blowers.
[Amended 4-24-1995 by L.L. No. 6-1995, effective 5-1-1995]
R. 
Leaf blowers: The operation of leaf blowers is prohibited between May 15 and September 30. From October 1 through May 14, when the use of leaf blowers is permitted, use of leaf blowers is permitted only between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and between the hours of 10:00 a.m. and 4:00 p.m. on Saturday. No such activity shall be permitted on Sunday or on any of the following holidays: New Year’s Day, Martin Luther King’s Birthday, Presidents’ Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Yom Kippur, Rosh Hashanah, Thanksgiving and Christmas. No more than one leaf blower may be operated at any time on property with an area of 5,000 square feet or less. No more than three leaf blowers shall be operated at any time on any property. From May 15 to September 30 after significant storm events or during other emergency circumstances, the Supervisor of the Mamaroneck Department of Public Works will determine whether the use of leaf blowers by the general public shall be permitted; in that case, the period of time for such use shall not exceed seven days. The provisions hereof shall not be deemed to prevent the use of leaf blowers on municipal or public school district owned property by municipal or school district staff at any time. Any violation issued under this Subsection R shall be issued to the property owner or the owner of the business undertaking the leafblowing operations, at the discretion of the enforcement officer issuing the violation.
[Added 4-24-1995 by L.L. No. 6-1995, effective 5-1-1995;[1] amended 7-28-2008 by L.L. No. 6-2008, effective 5-1-2009; 9-22-2014 by L.L. No. 16-2014, effective 10-30-2014]
[1]
Editor's Note: This local law also provided for the redesignation of former Subsection R as Subsection S.
S. 
Demolition of buildings: demolition of buildings, whether or not the work involved the use of machinery or power tools, such that the sound therefrom creates unreasonable noise across a residential real property boundary, other than between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three (3) days while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues. If the Building Inspector should determine that the public health and safety will not be impaired by such demolition outside the hours set forth above and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done during any hours which he deems same to be reasonable, upon application being made at the time the permit for the work is awarded or during the progress of the work. No such activity shall be permitted on Saturdays, Sundays or on any of the following holidays: New Year's Day, Martin Luther King's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Yom Kippur, Thanksgiving and Christmas.
[Added 5-8-1989 by L.L. No. 6-1989, effective 5-12-1989]
The standards which shall be considered in determining whether a violation of § 254-2 exists shall include but shall not be limited to the following:
A. 
The volume of the noise.
B. 
The intensity of the noise.
C. 
Whether the nature of the noise is usual or unusual.
D. 
Whether the origin of the noise is natural or unnatural.
E. 
The volume and intensity of the background noise, if any.
F. 
The proximity of the noise to residential sleeping facilities.
G. 
The nature and zoning of the area within which the noise emanates.
H. 
The density of inhabitation of the area within which the noise emanates.
I. 
The time of the day or night the noise occurs.
J. 
The duration of the noise.
K. 
Whether the noise is recurrent, intermittent or constant.
L. 
Whether the noise is produced by a commercial or noncommercial activity.
[Added 2-8-1993 by L.L. No. 1-1993,[1] effective 2-16-1993]
A. 
Except for noise emanating from the operation of motor vehicles, the permissible intensity of noise from the foregoing acts between the hours from 8:00 a.m. to 10:00 p.m. and from 10:00 p.m. to 8:00 a.m., respectively, whether such noise is intermittent, impulsive, sporadic or continuous, is as follows:
Maximum Sound Pressure Level in Decibels
("A" Scale Reading of Standard Calibrated Sound Meter)
Instrument Calibration Frequency in Cycles Per Second (Hz)
8:00 a.m. to 10:00 p.m.
10:00 p.m. to 8:00 a.m.
100
70
62
B. 
The intensity of sound shall be measured at a point no closer than sixty (60) feet to the noise source, as best that point can be estimated by the operator of the sound-measuring device without the use of any distance-measuring equipment.
[1]
Editor's Note: This local law also provided for the renumbering of former §§ 254-5 through 254-8 as §§ 254-6 through 254-9, respectively.
The following uses and activities shall be exempt from noise level regulations:
A. 
Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency.
B. 
Noises emanating from municipal vehicles, such as snow plows, garbage trucks, emergency road trucks and other municipal vehicles.
Applications for a permit for relief from the noise level designated in this chapter on the basis of undue hardship may be made to the Village Manager or his duly authorized representative.
A. 
Any permit granted by the Village Manager hereunder shall contain all conditions upon which said permit has been granted and shall specify a reasonable time that the permit shall be effective.
B. 
The Village Manager or his duly authorized representative may grant the relief as applied for if he finds that additional time is necessary for the applicant to alter or modify his activity or operation to comply with this chapter or that the activity, operation or noise source will be of temporary duration and cannot be done in a manner that would comply with other sections of this chapter and that no other reasonable alternative is available to the applicant.
C. 
The Village Manager may prescribe any conditions or requirements he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.
[Amended 7-28-2008 by L.L. No. 6-2008, effective 5-1-2009]
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction for a first offense thereof, shall be punishable by a fine in an amount not exceeding $250, for the second offense within one year, by a fine not to exceed $500, and for any subsequent offense within one year from the date of the first offense, by a fine not exceeding $1,000. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.