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.
PERSON
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.
VIBRATION
An oscillatory motion of particles described by displacement,
velocity or acceleration with respect to a given reference point.
WEEKDAY
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.