[HISTORY: Adopted by the Board of Trustees of the Village of Westbury 12-2-1999 by L.L. No. 3-1999. Amendments noted where applicable.]
The Board of Trustees of the Village of Westbury hereby declares its intent to prevent unreasonably loud and disturbing noises as they are deemed to be detrimental to the life, health, welfare and good order of the people of the Village of Westbury. By this enactment the Board of Trustees intends to promote the health, safety, morale and welfare of the people of the Village of Westbury and, in the exercise of its police powers in this regard, the Board of Trustees does hereby enact the following chapter. It is the intention of the Board of Trustees that this chapter be liberally construed so as to effectuate the purposes described in this section.
In this chapter, the following words or phrases shall have the meanings indicated:
- DOMESTIC ANIMAL
- An animal of any type or species which is owned, harbored or maintained by a person.
- NOISE DISTURBANCE
- That level of sound which, in each context described in § 168-3, either:
- A. Annoys or disturbs a reasonable person of normal auditory sensitivities;
- B. Is clearly audible outside the residential, real property boundary from which it originates; or
- C. Is loud, disturbing, unusual, unreasonable and unnecessary as well as audible outside the structure or the real property boundary from which it originates.
- An individual or a corporation.
- REAL PROPERTY BOUNDARY
- A line along the ground surface, and its vertical extension, which separates the real property owned or controlled by one person from that owned or controlled by another person, including intrabuilding real property divisions.
- RESIDENTIAL AREA
- An area designated for any residential use under Chapter 248, Zoning, of the Code of the Village of Westbury, or any area improved by a dwelling.
- An oscillatory motion of particles described by displacement, velocity or acceleration with respect to a given reference point.
- Any day Monday through Saturday which is not a state or federal legal holiday.
Each of the following is declared to constitute a violation of this section:
Amplified sound. The using, operating of or permitting to be used or operated any device for producing, reproducing or amplifying sound, including, but not limited to, a radio, tape player or television, in such a manner as to create a noise disturbance.
Horns and signaling devices. The sounding of any horn, signaling device or alarm (except as a danger warning, pursuant to § 375 of the Vehicle and Traffic Law of the State of New York) which results in a harsh or loud sound or repetitive sounds for any unreasonable or unnecessary period of time, so as to create a noise disturbance.
Shouting and yelling. Shouting, yelling, singing, calling, hooting or whistling so as to create a noise disturbance.
Engines. The operation, including the stationary idling, of any engine, including, but not limited to, an automobile, truck, motorcycle, motorbike, motorboat or minibike engine, so as to create a noise disturbance.
Heavy equipment. The operation of any pile driver, bulldozer, pneumatic hammer, grinder or other construction equipment which creates a noise disturbance, except between 7:00 a.m. and 8:00 p.m. on weekdays and except in cases of urgent necessity in the interest of public safety.
Construction. Any construction, excavation, demolition, alteration or repair which creates a noise disturbance, except between 7:00 a.m. and 8:00 p.m. on weekdays and except in cases of urgent necessity in the interest of public safety.
Domestic equipment. The operation of, or permitting to be operated, any power saw, drill, sander, router, lawn or garden device, leaf blower or snowblower, insect control device or domestic equipment so as to create a noise disturbance:
[Amended 6-5-2014 by L.L. No. 8-2014]
In no event shall domestic equipment be used by homeowners or tenants on Saturdays, Sundays and holidays, except between the hours of 8:00 a.m. and 6:00 p.m.
In no event shall domestic equipment be used by a contractor on Saturdays except between the hours of 8:00 a.m. and 6:00 p.m.
In no event shall domestic equipment be used by a contractor on Sundays or holidays.
Machinery. The operation of any machinery, equipment, pump, fan, air-conditioning apparatus or other mechanical device in such a manner as to create a noise disturbance.
Loading and unloading. The loading or unloading of any materials, equipment, garbage cans or the handling of bales, boxes, crates, containers or similar objects so as to create a noise disturbance.
Domestic animals. The howling, barking, squawking or other sounds of domestic animals which occurs so frequently or for such an unreasonable duration so as to create a noise disturbance.
Explosives, firearms and similar devices. The use or firing of explosives, firearms or similar devices so as to create a noise disturbance.
Vibration. The operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual beyond the property where the source is located. For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
The use of any sound-producing, sound-reproducing or sound-amplifying device, machinery, domestic equipment, heavy equipment or engine so as to cause the sound produced thereby to be audible outside the building or beyond the boundary of the real property where it originates, between the hours of 10:00 p.m. and 7:00 a.m. the following day shall be prima facie evidence of a violation of this chapter.
Barking, squawking, whining, neighing or any other domestic animal sound which is audible at a point beyond the real property boundary from which such sound emanates and which continues for over 30 minutes between the hours of 10:00 p.m. and 7:00 a.m. shall be prima facie evidence of a violation of this chapter.
Any person who violates any portion of this chapter or harbors or owns any animal which creates a violation of this chapter shall be guilty of a violation and, upon conviction, shall be punished by a fine not exceeding $500 or by imprisonment for a period not in excess of 15 days, or by both such fine and imprisonment.
The owner of any property and any person in control thereof when anything in violation of this chapter shall occur shall be guilty of a separate violation and, upon conviction thereof, shall be fined or imprisoned as herein provided.