It shall be unlawful for any person to make
or cause to be made any loud, unnecessary or unusual noise or any
noise which either annoys, disturbs, injures or endangers the comfort,
repose, health, peace or safety of others within the Village of North
Haven.
[Amended 8-4-1986 by L.L. No. 7-1986; 11-16-2021 by L.L. No.
9-2021]
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter:
A. Horns, signaling devices, etc.: the sounding of any horn or signaling
device on any automobile, motorcycle 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.
B. Radios, speakers, outdoor televisions, etc.: the using or operating,
or permitting to be played, used or operated, of any radio, musical
instrument, speaker, outdoor television, 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 the neighboring inhabitants
or at any time with louder volume than is necessary for convenient
hearing for the person or persons who are in the room, vehicle or
place where such machine or device is operated and who are voluntary
listeners thereto. The operation of such radio, speaker, instrument,
phonograph, machine or device between the hours of 11:00 p.m. and
7:00 a.m. in such a manner as to be plainly audible to neighbors shall
be prima facie evidence of a violation of this section.
C. Loudspeakers, amplifiers for advertising: the using or 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 cast 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 or singing on
the public streets, particularly between the hours of 11:00 p.m. and
7:00 a.m. or at any time or place so as to annoy or disturb the quiet,
comfort or repose of persons in any dwelling 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. 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. This does not apply to
tractors, lawnmowers and power saws when used between the hours of
7:00 a.m. and 7:00 p.m.
G. Defect on motor vehicle or load: the use of any motor, automobile,
motorcycle or vehicle so out of repair, so loaded or in such a manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
H. The use of landscaping and tree trimming equipment, including but
not limited to lawnmowers, tractors, leaf blowers, trimmers, chippers
and chainsaws, shall be permitted only between the hours of 7:00 a.m.
and 7:00 p.m. weekdays, and Saturdays between the hours of 8:00 a.m.
and 5:00 p.m. The use of landscaping equipment by homeowners, including
lawnmowers, leaf blowers and trimmers, shall be permitted between
the hours of 8:00 a.m. and 5:00 p.m. on Sundays. Commercial use of
landscaping or tree trimming equipment, as described above, by contractors
shall be prohibited on Sundays and state and federal holidays. The
use of snowblowers is exempt from this section. Effective May 1, 2022,
the use of gas-powered leaf blowers by residents, contractors, professional
landscapers, gardeners and/or caretakers will be prohibited between
May 1 and October 31. Use of gas-powered leaf blowers will be allowed
between November 1 through April 30. Approved hours of use are stated
above in this section. They will also be allowed for cleanup after
major storms.
I. Outboard motorboats, pile drivers, hammers, etc.: the operation between
the hours of 8:00 p.m. and 7:00 a.m. of any outboard motorboat within
the Village or of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other appliance, the use of which
is attended by loud or unusual noise.
J. Construction/renovation of buildings: the construction, renovation,
repair or alteration (including excavation, demolition) of any building
other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays
(Monday through Friday) shall be prohibited. Construction, renovation,
alteration and repair by contractors shall be prohibited on weekends
(Saturday and Sunday) and state and federal holidays. Homeowners are
permitted to perform repair work, which does not require a building
permit, on Saturdays between the hours of 8:00 a.m. and 5:00 p.m.
The Building Inspector shall be empowered to permit the repair, construction,
alteration and renovation of a residential or accessory structure
at any hour or any day if the Inspector determines that the public
health or safety is endangered. The Building Inspector shall issue
an emergency building permit which will expire three days from its
issuance.
K. The use
or operation of the following types of motorized recreational vehicles,
whether registered or unregistered, shall be prohibited within the
Village of North Haven as the noise they emanate disturbs the peace,
tranquility, health and safety of the Village: off-road-type recreational
vehicles, including but not limited to vehicles commonly referred
to as dirt bikes, mini-bikes, go cart, side-by-sides, gasoline-powered
motorized scooters, gasoline-powered golf carts (except in connection
with property maintenance and then only between the hours of 8:00
a.m. to 5:00 p.m.), snow mobiles (except during a declared snow emergency),
all-terrain vehicles (except in connection with property maintenance
and then only between the hours of 8:00 a.m. to 5:00 p.m.), dune buggies,
utility terrain vehicles (except in connection with property maintenance
and then only between the hours of 8:00 a.m. to 5:00 p.m.), any vehicle
propelled by a two-stroke or four-stroke engine.
[Added 7-19-2022 by L.L. No. 6-2022]
The provisions of this chapter shall not apply
to any apparatus related to, or to any emergency or other vehicles
responding to, an emergency or as the result of an emergency and lawfully
and/or necessarily engaged in connection therewith in the public interest.
[Amended 8-4-1986 by L.L. No. 7-1986; 11-16-2021 by L.L. No.
9-2021; 7-19-2022 by L.L. No. 6-2022]
A. Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
B. Any person or entity committing an offense against §
112-2J of this chapter shall first be given a warning by the Building Inspector; upon a second violation, the Building Inspector shall issue a stop-work order for seven days; upon a third violation, the Building Inspector shall issue a stop-work order for a period of 14 days; upon a fourth violation, the building permit shall be revoked and a summons issued which shall be punishable by a fine of up to $1,500. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.