[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.]
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:
[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; 10-23-2023 by L.L. No. 18-2023, effective 11-17-2023]
(1)
Gasoline-powered leaf blowers prohibited. Commencing May 15, 2024,
it is a violation of this subsection to use or cause another person
to use a gasoline-powered leaf blower in the Village of Mamaroneck.
(2)
The operation of leaf blowers in the Village of Mamaroneck is permitted
from October 1 through May 14 of each year. It is a violation of this
subsection to operate a leaf blower or cause another person to operate
a leaf blower in the Village of Mamaroneck from May 15 through September
30 of each year, on Sundays, or on 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, or, on those days
when leaf blowers are permitted to be used, to operate or cause another
person to operate a leaf blower before 8:00 a.m. or 6:00 p.m. on weekdays
and before 10:00 a.m. or after 4:00 p.m. on Saturdays, except that,
the Village Manager is authorized to permit the use of leaf blowers
between May 15 and September 30 of each year after significant storm
events and other emergencies for periods of not more than seven consecutive
days.
(3)
Only one leaf blower is permitted to be operated at any time on property
with an area of 5,000 square feet or less. No more than three leaf
blowers are permitted to be operated at any time on any property.
(4)
The use of leaf blowers is permitted on Village properties and public
school district properties at any time.
(5)
It is an affirmative defense to liability under this subsection that
the person operating the leaf blower was doing so at the direction
of another person.
[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.
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.
The following uses and activities shall be exempt
from noise level regulations:
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.
