[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:
An animal of any type or species which is owned, harbored
or maintained by a person.
That level of sound which, in each context described in § 168-3, either:
Annoys or disturbs a reasonable person of normal
auditory sensitivities;
Is clearly audible outside the residential,
real property boundary from which it originates; or
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.
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.
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:
A.
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.
B.
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.
C.
Shouting and yelling. Shouting, yelling, singing,
calling, hooting or whistling so as to create a noise disturbance.
D.
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.
E.
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.
F.
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.
G.
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]
(1)
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.
(2)
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.
(3)
In
no event shall domestic equipment be used by a contractor on Sundays
or holidays.
H.
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.
I.
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.
J.
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.
K.
Explosives, firearms and similar devices. The use
or firing of explosives, firearms or similar devices so as to create
a noise disturbance.
L.
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.
A.
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.
B.
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.
A.
Any person
who violates § 163-3E, F, G(2), G(3) or K shall be guilty
of a violation and, upon conviction, shall be punished by a fine of
not less than $250 nor more than $500 or by imprisonment for a period
not in excess of 15 days, or by both such fine and imprisonment. Where
the person who violates this chapter has been previously convicted
of one violation of the chapter within five years last preceding the
date of such violation and is subsequently convicted thereof, such
violation shall be punishable by a fine of not less than $500 nor
more than $1,000 or by imprisonment not exceeding 15 days, or both
such fine and imprisonment. Where the person who violates this chapter
has been previously convicted of two or more violations of the chapter
within five years last preceding the date of such violation and is
subsequently convicted thereof, such violation shall be punishable
by a fine of not less than $1,000 nor more than $2,500 or by imprisonment
not exceeding 15 days, or both such fine and imprisonment.
[Added 9-1-2022 by L.L. No. 5-2022[1]]
B.
Any person who violates any other subsection 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.
Where the person who violates this chapter has been previously convicted
of one or more violations of the chapter within five years last preceding
the date of such violation and is subsequently convicted thereof,
such violation shall be punishable by a fine of not less than $250
nor more than $1,000 or by imprisonment not exceeding 15 days, or
both such fine and imprisonment.
[Amended 3-4-2021 by L.L. No. 4-2021; 9-1-2022 by L.L. No. 5-2022]
C.
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.
