[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:
Any dog, cat, bird, chicken, rooster, cow, sheep, horse or any other
livestock or animal.
Any commercial gardener, landscaper, tree surgeon or other individual
involved in lawn or ground maintenance business.
Any tractor, bulldozer, backhoe, earthmoving machine, cement mixer,
crane or other similar construction machinery.
Any powered leaf blower, mower, chain saw, grinder, trimmer or other
internal-combustion engine apparatus or landscaping equipment used for lawn
or ground maintenance.
Any radio or television set, musical instrument, phonograph, loudspeaker,
sound amplifier or other machine or device for the producing or reproducing
of sound.
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.
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.
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.
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:
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.
