[HISTORY: Adopted by the Board of Trustees 5-3-2004 by L.L. No. 1-2004. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL
Any dog, cat, bird, chicken, rooster, cow, sheep, horse or any other livestock or animal.
COMMERCIAL LANDSCAPER
Any commercial gardener, landscaper, tree surgeon or other individual involved in lawn or ground maintenance business.
CONSTRUCTION MACHINERY
Any tractor, bulldozer, backhoe, earthmoving machine, cement mixer, crane or other similar construction machinery.
LANDSCAPING EQUIPMENT
Any powered leaf blower, mower, chain saw, grinder, trimmer or other internal-combustion engine apparatus or landscaping equipment used for lawn or ground maintenance.
LOUDSPEAKER
Any radio or television set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound.
MOTOR VEHICLE
Any vehicle capable of being operated or driven upon a public highway which is propelled by any power other than muscular power, except electrically driven mobility assistance devices operated or driven by a person with a disability, fire and police vehicles, ambulances and other emergency vehicles. "Motor vehicle" shall exclude farm-type tractors and vehicles used exclusively for agricultural purposes, or ground maintenance, other than for hire.
NOISEMAKING DEVICE
Any device of any design or manufacture that is designed to create unreasonable noise or designed for the purpose of scaring, frightening or disturbing a domestic animal or wildlife.
RECREATIONAL VEHICLE
Any self-propelled vehicle which is primarily for off-highway operation or competitions and only incidentally operated on a public highway, such as, but not limited to, a go-cart, all-terrain vehicle, unlicensed motorcycle, motorbike or snowmobile.
UNREASONABLE NOISE
Any loud, unnecessary, unusual or annoying, intermittent or prolonged noise which annoys, destroys, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivity. Factors to be considered in determining whether a sound is an unreasonable noise may include, but are not limited to, the following:
A. 
The volume, intensity and nature of the noise.
B. 
The volume and intensity of the background noise, if any.
C. 
The time of day and duration of the noise.
VILLAGE
The Incorporated Village of Plandome Heights and all territory within its boundaries.
No person shall make or cause to be made or continued, nor shall any owner, lessee or occupant of any land in the Village permit to be made or continued on his premises, any unreasonable noise within the Village.
Without limiting the provision of § 78-2, the following acts are expressly declared to be unreasonable noise in violation of this chapter:
A. 
Horn and signaling device. The sounding of any horn or signaling device on any boat, motor vehicle or recreational vehicle, except as a danger or warning signal.
B. 
Loudspeaker for advertising or broadcasting. The playing, using or operating, or permitting to be played, used or operated, of any loudspeaker on the public street, public waterway or other public places for the purpose of advertising or broadcasting which is heard on private property, unless a permit therefor shall have been issued by the Board of Trustees.
C. 
Unnecessary amplification. The playing, using or operating, or permitting to be played, used or operated, of any loudspeaker at a volume level sufficient to cause the sound produced or reproduced to be audible at a point 10 feet beyond the property boundary line of the property from which the sound is produced or reproduced.
D. 
Animal.
(1) 
The keeping or allowing to be kept of any animal outdoors between the hours of 9:00 p.m. and 8:00 a.m. of the following morning which causes unreasonable noise.
(2) 
The keeping or allowing to be kept of any animal which creates or causes unreasonable noise at any time that is continuous for a period exceeding 30 minutes in duration.
E. 
Exhaust. The discharge of the exhaust of any internal-combustion engine, without a muffler or other device which will effectively prevent unreasonable noises emanating therefrom.
F. 
Noisemaking device. The using, operating, discharging, installing or causing to be used, operated, discharged or installed of any noisemaking device.
G. 
Construction and operation of construction machinery. The construction, demolition, alteration or repair of any building and the operation of construction machinery at any time on Sunday and federal holidays, and for all other days contrary to the provisions of Chapter 72, Landscaping and Construction Contractors, except pursuant to a permit issued by the Building Inspector or the Mayor in an emergency situation. Nothing herein shall be construed to prohibit minor alteration to a building which is entirely enclosed. The operation of a generator for emergency purposes shall not be prohibited under any provision of this chapter.
H. 
Commercial landscaper. The use of any landscaping equipment by commercial landscapers at any time on Sunday and federal holidays, and for all other days contrary to the provisions of Chapter 72, Landscaping and Construction Contractors, unless pursuant to a permit issued by the Mayor.
I. 
Alarm. A burglar alarm or other alarm system of any building, motor vehicle, recreational vehicle or boat which is continuous and exceeds 15 minutes in duration.
J. 
Tire. The intentional use and operation of a motor vehicle or recreational vehicle in such a manner as to cause excessive squealing or other excessive noise of the tires.
K. 
Recreational vehicle.
(1) 
The continuous use or operation of any recreational vehicle on private or public property for a period exceeding 30 minutes.
(2) 
The use or operation of any recreational vehicle on private or public property at any time on Sunday and Federal legal holidays, and for all other days between the hours of 6:00 p.m. and 8:00 a.m. the following morning, unless pursuant to a permit issued by the Board of Trustees.
L. 
Noise standards.
(1) 
No person shall create, emit or issue, nor cause or suffer to be created, emitted or issued, any noises or sounds on property from which such noises or sounds may be heard on the property of another, as may unreasonably annoy, disturb or otherwise disrupt the quiet, comfort or repose of persons in any dwelling or place of temporary or permanent residence within the Village. The violation hereof shall constitute a nuisance.
(2) 
No person shall create or cause to be emitted any noise which, when measured at any or beyond any lot line of the property on which such noise is being generated in a residential district, exceeds the following standards:
(a) 
From 8:00 a.m. to 6:00 p.m.:
[1] 
Airborne sounds in excess of 65 dBA's; or
[2] 
Airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed in 1 or more octave bands:
Octave Band Center
Frequency
(Hz)
Octave Band Sound
Pressure Level
(dB)
31.5
78
63
73
125
67
250
60
500
55
1,000
51
2,000
46
4,000
43
8,000
40
(b) 
From 6:00 p.m. to 8:00 a.m.:
[1] 
Airborne sound which has a sound level in excess of 50 dBA's; or
[2] 
Airborne sound which has an octave band sound pressure level which exceeds the values listed below in 1 or more octave bands:
Octave Band Center
Frequency
(Hz)
Octave Band Sound
Pressure Level
(dB)
31.5
75
63
70
125
64
250
57
500
52
1,000
49
2,000
43
4,000
40
8,000
37
(3) 
No person shall create or cause to be emitted any noise which, when measured at or beyond any lot line of the property on which such noise is being generated in a commercial district, exceeds the following standards:
(a) 
From 8:00 a.m. to 6:00 p.m.:
[1] 
Airborne noise in excess of 70 dBA's; or
[2] 
Airborne sound which has an octave band sound pressure level in decibels which exceeds the value listed below in 1 or more bands:
Octave Band Center
Frequency
(Hz)
Octave Band Sound
Pressure Level
(dB)
31.5
85
63
80
125
74
250
67
500
62
1,000
58
2,000
53
4,000
50
8,000
47
(b) 
From 6:00 p.m. to 8:00 a.m.:
[1] 
Airborne noise in excess of 55 dBA's; or
[2] 
Airborne sound which has an octave band sound pressure level in decibels which exceeds the value listed below in 1 or more bands:
Octave Band Center
Frequency
(Hz)
Octave Band Sound
Pressure Level
(dB)
31.5
78
63
73
125
67
250
60
500
55
1,000
51
2,000
46
4,000
43
8,000
40
Upon receipt of a complaint, the Police Department, Building Inspector or Village representative shall conduct an investigation to determine if there is a probable violation of the provisions of this chapter. For the first occurrence, in lieu of issuing an appearance ticket, an appropriate warning may be issued to the violator to cease and desist from continuing such noise.