[HISTORY: Adopted by the Board of Trustees
of the Village of Elmsford 6-7-2004 by L.L. No. 4-2004. Amendments noted where
applicable.]
This chapter shall be deemed an exercise of
the police power of the State of New York and of the Village of Elmsford
for the protection of the economic and social welfare, health arid
peace of the people of the Village of Elmsford, and all its provisions
shall he construed for the accomplishment of that purpose.
It shall he unlawful for any person to make,
continue, or cause to be made or continued any loud, unnecessary or
unusual noise or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of others,
within the Village of Elmsford, New York.
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but said enumeration shall not be deemed to be exclusive:
A.
The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle except as a warning signal pursuant
to the provisions of the Vehicle and Traffic Law of the State of New
York.
B.
The using, playing or operating of, or permitting
to be played, used or operated, any receiving or playing radio, television,
tape player, compact disc player, musical instrument, or other machine
or device for the producing or reproducing of sound, in such manner
or volume as to disturb the peace, quiet and comfort of the neighboring
inhabitants or occupants, or at any time with louder volume than is
necessary for convenient, normal hearing by the person or persons
who are in the room or enclosure or place in which such equipment
or device is operated, and who are involuntary listeners thereto.
The operation of any such set, instrument, phonograph, machine or
device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner
as to he distinctly audible to persons with normal hearing at a distance
of 50 feet from the room or building or structure in which it is located
shall be prima facie evidence of a violation of this section.
C.
The playing, using or operating of, or permitting
to be played, used or operated, any radio, television, tape player,
compact disc player, musical instrument, phonograph, loud speaker,
sound amplifier or any other machine or device or equipment for the
producing or reproducing of voices or sound, which is directed to
or cast or audible upon the public streets, for the purpose of commercial
or business advertising or attracting the attention of the public
or persons passing by to any abutting or nearby building or structure
or place of any commercial or public operation conducted therein or
thereon.
D.
Yelling, shouting, hooting, whistling or singing on
the public streets, parks or places, or a place of business or other
establishment open to the public, particularly between the hours of
11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or
disturb the quiet, comfort, repose, health or peace of persons in
any place of work or in any dwelling, hotel or other residence, or
of any person in the vicinity of such acts.
E.
The keeping or harboring of any animal which barks, whines or makes
any other noise continuously for a period of 10 minutes or more at
a volume which can be heard anywhere beyond the owner's premises.
For the purpose of this subsection, "continuously" shall mean constant,
without any period of silence that exceeds 30 seconds.
[Amended 9-6-2017 by L.L. No.
4-2017]
F.
The blowing of any whistle attached to any stationary
boiler, except to give notice of the time to begin or stop work or
as a warning of danger.
G.
The discharge into the open air of the exhaust of
any steam engine, stationary internal-combustion engine, air compressor
or motor vehicle engine, except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
H.
The operation of power lawnmowers, rakers or leaf
blowers, or other motor driven lawn or garden equipment, not including
snow removal equipment, between the hours of 8:00 p.m. and 8:00 a.m.,
prevailing time, Monday through Friday, and 8:00 p.m. and 9:00 a.m.,
prevailing time, on Saturdays, Sundays and any federal holidays.
I.
Construction work, including the causing or committing to be caused
of unnecessary noise during the erection, excavation, demolition,
alteration or repair of any building or structure, subject to the
following:
[Amended 9-6-2017 by L.L. No.
4-2017]
(1)
Work by anyone using machinery, including but not limited to rock
breaking, pile driving, riveting, power sandblasting and chain sawing,
shall commence no earlier than 8:00 a.m. and end no later than 7:00
p.m., Monday through Friday, and commence no earlier than 10:00 a.m.
and end no later than 6:00 p.m. on Saturdays. No such work shall be
performed on Sundays or holidays. Where such work emits continuous
sounds, audible from a distance of 300 feet or more from the work
site, such work must cease for 30 minutes within every three hours
of operation to provide respite to the surrounding community.
(2)
Homeowners may, if performing their own work (without the aid of
a subcontractor or employee) of erection, excavation, demolition,
alteration or repair of any building or structure on their own premises,
do so between 8:00 a.m. and 8:00 p.m., Monday through Friday, and
10:00 a.m. to 8:00 p.m., Saturdays, Sundays and holidays.
K.
The discharge of firearms, where permitted by law,
between the hours of 6:00 p.m. and 10:00 a.m., prevailing time.
L.
Permitting the sounding of any vehicle, home or business
alarm device to continue unabated after response from the appropriate
security/municipal authority.
Any person violating any provision of this chapter
shall, upon conviction, be punished by a fine of not less than $100
nor more than $250. Each day that a violation shall continue shall
constitute a separate offense.
