[HISTORY: Adopted by the Board of Trustees of the Village of Northport 4-18-1989 by L.L. No. 2-1989 (Ch. 46 of the 1966 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 9.
Barking dogs — See Ch. 93, § 93-4A.
Fees — Ch. 147.
Peace and good order — See Ch. 211.
Noise by peddlers — See Ch. 215.
Operation of recreational vehicles — See Ch. 232.
Idling of motor vehicles — See Ch. 289.
Vessel mufflers — See Ch. 302.
Zoning — See Ch. 306.
A. 
It is the policy of the Board of Trustees of the Incorporated Village of Northport to maintain the peace and quiet of the village. Unnecessary noise is determined by the Board of Trustees to be a hazard to the public health, safety and welfare and to the quality of life of the residential areas of the village. It is further declared that the provisions hereinafter set forth are in pursuance of and for the purpose of preserving, protecting and promoting the public health, safety and welfare and peace and quiet for the residents of the village.
B. 
It is the finding of the Board of Trustees that unnecessary noise degrades the environment of the village to a degree which:
(1) 
Is harmful and detrimental to the health, safety and welfare of its inhabitants.
(2) 
Interferes with the comfortable enjoyment of life, property and recreation and with the conduct of business and industry.
(3) 
Causes nuisances.
A. 
All definitions used in this chapter, where applicable, shall conform to the terminology of the American National Standards Institute. A copy of the American National Standards Institute's definitions shall be procured by the Village Clerk and shall be available at the Village Clerk's office for public inspection.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
AIRBORNE SOUND
Sound that reaches the point of interest by propagation through the air. Approved sound-measuring equipment shall meet ANSI SI.4 1971 standards as described under the definition of "dB(A)" below.
AIR COMPRESSOR
A device which draws in air or gas, compresses it and delivers it at a higher pressure.
AIR-CONDITIONING AND AIR-HANDLING DEVICE
Any device that is designed to be used or is actually used to cool, move or condition air, including but not limited to air conditioners, cooling towers, fans and blowers.
AMBIENT NOISE
The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far.
A-WEIGHTED SOUND LEVEL
The sound-pressure level in decibels as measured on a sound-level meter using the A-weighing network. The level so read is designated "dB(A)."
CONSTRUCTION
Any activity necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, premises, parks, utility lines or other property, including but not limited to related activities, such as land clearing, grading, earthmoving, excavating, blasting, filling and landscaping.
CONSTRUCTION DEVICE
Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes.
CONSTRUCTION SITE
Any location, including land and water, where construction takes place.
CONTINUOUS SOUND
Any sound that is not an impulsive sound.
dB
The abbreviation of decibel.
dB(A)
The A-weighted sound level in decibels, as measured by a general-purpose sound meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network.
DECIBEL
The unit for measuring the volume of a sound, based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. The sound-pressure level measured in decibels is equal to 20 times the logarithm to the base 10 of the ratio of the effective pressure of the sound measured.
DEVICE
Any machine, mechanism or equipment which is intended to or which actually produces sound or vibrations.
DISCRETE TONE
A sound wave whose instantaneous sound pressure varies essentially as a simple sinusoidal function of time.
EMERGENCY OPERATION
(1) 
The operation or parking of an authorized emergency vehicle when such vehicle is engaged in transporting a sick or injured person, responding to or working or assisting at the scene of an accident, disaster, public call, alarm of fire or any other emergency.
(2) 
The work or activity that is necessary to prevent or recover from an emergency, including but not limited to work to repair electric, gas, water, sewerage and/or telephone services.
EXHAUST SYSTEM
A system which removes and transports air or gas from a device.
FREQUENCY
A function period in time which is the reciprocal of the period and which is measured by the number of oscillations or cycles per second, expressed in hertz (Hz).
HOMEOWNERS' LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
All engine- or motor-powered garden or maintenance tools intended for repetitive use in residential areas, capable of being used by a homeowner. Examples are lawn mowers, garden tools, riding tractors, snowblowers, power shovels and snowplows.
Hz
The abbreviation for hertz, and is equivalent to cycles per second.
IMPULSIVE SOUND
A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid delay. Examples include an explosion or discharge of a firearm.
L10
The A-weighted sound level measured with slow response that is exceeded 10% of the time in any one-hour interval. The measurement time interval need not be one hour, provided that the measurement results are representative of a one-hour interval.
L90
The A-weighted sound level measured with slow response that is exceeded 90% of the time in any one-hour interval. The measurement time interval need not be one hour, provided that the measurement results are representative of a one-hour interval.
MAXIMUM GROSS WEIGHT
The weight of the vehicle unladen, plus the weight of the maximum load to be carried by such vehicle during the registration period or the maximum gross weight for which the vehicle is registered, whichever is greater.
MOTOR VEHICLE
Every vehicle operated or driven upon a public highway, which is propelled by any power other than muscular power.
MUFFLER
A device for abating the sound of escaping gases of an internal combustion engine or other sound source.
NOISE-SENSITIVE ZONE
An area adjacent to a site, including but not limited to any authorized school, church, house of worship, senior citizen center, day-care center, hospital or nursing home, which requires specific noise limitations.
PAVING BREAKER
Any powered construction device that is designed to be used or is actually used to cut or trench pavement subbase, macadam, gravel, concrete or hard ground.
PERSON
Includes the singular and plural and also any natural person, firm, corporation, political subdivision, government agency, association, club, partnership, society or any other form of association or organization or any legal entity whatsoever.
PUBLIC HIGHWAY
Any highway, road, street, avenue, public place, public driveway or any other public way.
[1]
REFUSE-COLLECTING VEHICLE
Any motor vehicle designed to compact and transport refuse.
SOUND
An oscillation in pressure, stress, particle displacement or other physical parameter in a medium with internal forces (American National Standards Institute terminology).
SOUND LEVEL
The weighted pressure level, measured by the use of a metering characteristic and the weighing A, B and C (American National Standards Institute terminology). For purposes of enforcing and interpreting the provisions of this chapter, unless a different frequency weighing is indicated, the A-weighing slow response shall apply.
SOUND-LEVEL METER
An instrument, including a microphone, an amplifier, an output meter and frequency-weighing networks for the measurement of sound levels (American National Standards Institute terminology).
SOUND-REPRODUCTION DEVICE
Any device that is designed to be used or is actually used for the production or reproduction of sound, including but not limited to any musical instrument, radio, television, recorder, phonograph or any other sound-amplifying equipment.
SOUND SOURCE
Any activity or device that produces sound.
SOUND TRUCK
Any vehicle having mounted thereon or attached thereto sound-amplifying equipment.
[1]
Editor's Note: The definition of "recreational vehicle," which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 232, Recreational Vehicles.
Any act in violation of any of the other provisions of this chapter is also deemed to be in violation of § 200-4 of this chapter. Nothing in this chapter shall be deemed to prohibit the prosecution and conviction of a person on two or more charges which may constitute violations of different sections of this chapter arising out of a single act, occasion or set of circumstances. However, no more than a single penalty may be imposed for each separate and distinct offense. Furthermore, each day (twenty-four-hour period) of violation of any provision of this chapter shall constitute a separate offense.
No person shall make, continue or cause or permit to be made, verbally or mechanically, any unreasonable noise. An "unreasonable noise" shall mean any excessive or unusually loud sound or any sound which creates public inconvenience, annoyance, alarm or disturbance and which is publicly offensive or recklessly creates a risk of the foregoing. Standards to be considered in determining whether unreasonable noise exists in a particular situation include the following:
A. 
The volume of the noise.
B. 
The intensity of the noise.
C. 
Whether the nature of the noise is usual or unusual in the context of ordinary human experience.
D. 
Whether the origin of the noise is natural or unnatural in the context of ordinary human experience.
E. 
The volume and intensity of the background noise, if any.
F. 
The proximity of the noise to residential sleeping facilities.
G. 
The nature and the zoning district of the area from within which the noise emanates.
H. 
The time of day or night the noise occurs.
I. 
The time duration of the noise.
J. 
Whether the sound source is temporary.
K. 
Whether the noise is continuous or impulsive.
L. 
The presence of discrete tones.
The following acts and the causing thereof are declared to be in violation of this chapter:
A. 
Sound-reproduction devices.
(1) 
No person shall operate, use or cause or permit to be operated a sound-reproduction device that produces unreasonable noise.
(2) 
No person shall operate or cause or permit to be operated any sound-reproduction device for commercial or business advertising purposes or for the purpose of attracting attention to any performance, show or sale or display of merchandise in connection with any commercial operation, including but not limited to the sale of radios, televisions, phonographs, tape recorders, phonograph records or tapes, in front or outside of any building, place or premises, or in or through any aperture of such building, place or premises, abutting on or adjacent to a public street, park or place or in or upon any vehicle operated, standing or being in or on any public street, park or place where the sound therefrom may be heard upon any public street, park or place or from any stand, platform or other structure or from any airplane or other device used for flying over the Incorporated Village of Northport or on a boat or on the waters within the jurisdiction of the Incorporated Village of Northport or anywhere on public streets, parks or places. Nothing in this subsection is intended to prohibit sounds emanating from sporting, entertainment or other public events where such devices are used.
(3) 
No person shall operate, use or cause or permit to be operated or used any sound-reproduction device in any public place in such a manner that the sound emanating therefrom creates unreasonable noise across a real property boundary, subject to the following exceptions:
(a) 
Bells, chimes or carillons. Nothing herein contained shall preclude or prohibit the use of loudspeakers or other sound-amplifying devices to broadcast the sound of bells, chimes or carillons or replicas thereof by a church or other house of worship.
(b) 
Religious and seasonal music. Nothing herein contained shall preclude or prohibit the reasonable use of loudspeakers in business-zoned areas of the village solely to broadcast religious and seasonal music from December 16 through January 1 of the following year, between the hours of 9:00 a.m. and 9:00 p.m.
B. 
Sound-signal devices. No person shall operate or cause to be operated any sound-signal device, including but not limited to any klaxon, horn, whistle, bell, gong, drum or siren, so as to create unreasonable noise, except where authorized by the Vehicle and Traffic Law of the State of New York.
C. 
Emergency-warning device. No person shall operate or cause to be operated any emergency-warning device, except:
(1) 
To give notice as a warning of any emergency;
(2) 
On an authorized vehicle when such vehicle is engaged in emergency operations; or
(3) 
When such device is under test.
D. 
Burglar alarms. No person shall operate or cause to be operated any audible burglar alarm or any motor vehicle burglar alarm unless such alarm shall be capable of automatically terminating operation within 15 minutes after such alarm is first activated.
E. 
Motorboats.
(1) 
No person shall operate or cause or permit to be operated any engine-powered motorboat in any channel, harbor, bay or other waterway within 1,500 feet of the jurisdictional limits of the Incorporated Village of Northport at any time, at any speed or under any condition of load, acceleration or deceleration or in any manner whatsoever so as to exceed a sound level of 80 db(A)s when measured at any shoreline within the village.
(2) 
This provision shall not apply to races or regattas conducted under permit issued by the Village Clerk or the Mayor and Board of Trustees of the Incorporated Village of Northport pursuant to the Code of the Village of Northport or other applicable law; and notwithstanding the provisions of Subsection B hereof, it shall not apply to the use of a horn or whistle or other signaling or warning device when the same is used for the purpose of signaling another vessel(s) or for the purpose of warning another vessel(s) of the presence of the vessel emitting the signal or warning.
F. 
Shouting. No person shall shout, yell, call, hoot, whistle or sing on public streets or in public places in such a manner as to create unreasonable noise.
G. 
Containers and construction material. No person shall load, unload, handle, transport, open, close or destroy any containers or construction material in such a manner as to create unreasonable noise.
H. 
Squealing tires. No person shall operate a vehicle in such a manner as to cause unreasonable noise by spinning or squealing the tires of such vehicle.
I. 
Exhausts. No person shall cause or permit the discharge into the open air of exhaust of any device, including but not limited to any steam engine, diesel engine, internal-combustion engine or turbine engine, so as to create unreasonable noise.
J. 
Homeowners' light residential outdoor equipment. No person shall operate or cause or permit to be operated any powered tool or equipment, including but not limited to saws, sanders, drills, grinders, lawn or garden tools, mowers, tractors, leaf blowers or gatherers or similar devices, when used outdoors in a residentially zoned district during the hour of 9:00 p.m. and 8:00 a.m. of the following day. Between the hours of 8:00 am. and 9:00 p.m., no person shall operate, cause or permit to be operated any of the aforementioned tools or equipment in such a way as to create unreasonable noise across a real property line of a residential property. For purposes of enforcement of this subsection, "unreasonable noise" means a sound level in excess of 85 db(A)s when measured at said real property line.
K. 
Modification of noise-control devices. No person shall operate, cause or permit to be operated any device that has been modified so as to cause the sound emitted to be greater than that emitted by such device as originally manufactured.
L. 
Standing motor vehicles.
(1) 
No person shall operate or cause or permit to be operated any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds or any auxiliary equipment attached to such vehicle for a period longer than 20 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space so that the sound therefrom is audible across a residential real property boundary between the hours of 8:00 p.m. and 7:00 a.m. the following day.
(2) 
This subsection shall not apply to authorized emergency vehicles or to public utility vehicles actually engaged in any emergency operations.
M. 
Vehicle or motorboat repairs and testing. No person shall cause or permit the repairing, rebuilding, modifying or testing of any motor vehicle, motorcycle or motorboat in such a manner as to cause unreasonable noise across a residential real property boundary. For purposes of the enforcement of this subsection, "unreasonable noise" means a sound level in excess of 65 db(A)s when measured at the real property line.
No person shall operate or cause or permit to be operated a refuse collecting vehicle which, when collecting or compacting, exceeds a sound level of 80 db(A)s when measured at a distance of 10 feet from any surface of the collecting or compacting unit.[1]
[1]
Editor's Note: Former § 46-7, Recreational vehicles, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Chapter 232, Recreational Vehicles.
Except as provided in Subsection B of this section, no person shall operate or cause or permit to be operated an air-conditioning or air-handling device that exceeds the maximum sound-level limitations provided in this section.
A. 
In areas zoned residential, continuous sound in air from said equipment which has crossed the real property line of the property where said equipment or device is located shall not exceed any of the following sound levels:
(1) 
Fifty-five db(A)s at any point.
(2) 
Fifty db(A)s outside a living-area window when measured at a distance of not more than three feet from the window opening of the property receiving said sound.
B. 
The provisions of this section shall not apply if the sound from the air conditioner or air-handling device produces an increase of less than five db(A)s in the sound level that exists in the absence of such sound.
No person shall operate or cause or permit to be operated an air compressor unless a muffler certified by the manufacturer of such muffler to provide a dynamic insertion loss of not less than 20 db(A)s of the sound emitted from the exhaust of such compressor is installed on such exhaust.
No person shall operate or cause or permit to be operated a paving breaker manufactured prior to December 31, 1974, other than one operated electrically or hydraulically, unless a muffler certified by the manufacturer of such muffler to provide a dynamic insertion loss of five days of the sound emitted from the air exhaust of such paving breaker is installed on such air exhaust.
No person shall operate or cause or permit to be operated a place of public assembly, including but not limited to a restaurant, bar or cafe, in which the sound level is equal to or exceeds 95 db(A)s for more than 30 seconds at the location of business invitees or which does not meet the levels provided for in §§ 200-13 through 200-16 or 200-20 and 200-21 of this chapter.
The sections and provisions of this chapter shall be revised or amended from time to time in order to be kept current with all updated federal and/or state noise-level standards.
No person shall operate or cause or permit to be operated in a zoning district, as defined in Chapter 306, Zoning, any device that produces a sound level exceeding the applicable, permissible limits specified in §§ 200-13 through 200-16 or 200-20 and 200-21 of this chapter. The measurement of any sound or noise shall be made with a sound-level meter using an A-scale decibel level. The measurement shall be conducted at the property line on which such noise is generated or perceived, whichever is appropriate in a residential district, or at the boundary lines of the receiving property. For purposes of enforcement of the provisions of this chapter, an enforcement official shall have the right to go onto the real property of the person alleged to be in violation for the limited purpose of obtaining accurate sound-level readings without being liable for trespass therefor.
Except as may otherwise be authorized by the provisions of this chapter:
A. 
During the hours of 8:00 a.m. to 6:00 p.m., no person shall operate or cause or permit to be operated any device which produces a sound level across a residential real property boundary or within any residential zoned district in excess of 65 db(A)s or an L10 in excess of 60 db(A)s.
B. 
During the hours of 6:00 p.m. to 8:00 a.m., no person shall operate, cause or permit to be operated any device which produces a sound level across a residential real property boundary or within any residential zoned district in excess of 55 db(A)s or an L10 in excess of 50 db(A)s.
C. 
The sound levels specified in Subsections A and B shall be decreased by five decibels if the sound contains impulsive or discrete tone characteristics.
A. 
Except as may otherwise be authorized by the provisions of this chapter, no person shall operate or cause or permit to be operated on a sound source site a commercial, business, marine business or industrial operation that produces a sound level exceeding the limitations as provided in Subsections B through D of this section.
B. 
Continuous sound in air which has crossed the property line of such sound source site and enters property zoned for residential use or property within a noise-sensitive zone shall not exceed either of the following levels:
(1) 
During the hours of 8:00 a.m. to 6:00 p.m.:
(a) 
A sound level in excess of 65 db(A)s measured with the slow response of a sound-level meter; or
(b) 
An L10 in excess of 60 db(A)s.
(2) 
During the hours of 6:00 p.m. to 8:00 a.m. the following day:
(a) 
A sound level in excess of 55 db(A)s measured with the slow response of a sound-level meter; or
(b) 
An L10 in excess of 50 db(A)s.
(3) 
The sound levels contained herein shall only apply to noise-sensitive zones when such are in use and not posted.
C. 
Continuous sound in air which has crossed the property line of the sound source site and enters property which is zoned for business or manufacturing or property where the public in general congregates shall not exceed either of the following levels:
(1) 
A sound level in excess of 65 db(A)s measured with the slow response of a sound-level meter; or
(2) 
An L10 in excess of 60 db(A)s.
D. 
The sound levels specified in Subsections B and C shall be decreased by five decibels if the sound contains impulsive tone characteristics.
No person shall conduct, cause or permit to be conducted construction activities in a manner so as to produce a sound level exceeding the limitations in this section.
A. 
Residential zoned districts.
(1) 
During the hours of 8:00 a.m. to 6:00 p.m., noise levels from a construction site shall not exceed an L10 of 80 db(A)s when measured at a distance 400 feet from the construction site.
(2) 
During the hours of 6:00 p.m. to 8:00 a.m., noise levels shall not exceed an L10 of 70 db(A)s when measured at a distance of 400 feet from the construction site.
B. 
Fuel-powered home and yard maintenance equipment.
[Added 10-3-2023 by L.L. No. 8-2023]
(1) 
The operation of any fuel-powered home and yard maintenance equipment during the following days and times shall be deemed a noise disturbance:
(a) 
Monday through Friday prior to 8:00 a.m. or after 6:00 p.m.; or
(b) 
Saturdays between Memorial Day and Labor Day; on Saturdays prior to 9:00 a.m. or after 5:00 p.m. during the remainder of the calendar year; or
(c) 
Sunday or holidays.
(2) 
Notwithstanding the above, fuel-powered home and yard maintenance equipment may be used on Saturdays, Sundays or holidays between 9:00 a.m. and 5:00 p.m. as set forth below and not be deemed a noise disturbance:
(a) 
Use by property owners; or
(b) 
Use by governmental entities; or
(c) 
Use by commercial landscapers performing commercial landscaping services at cemeteries, government properties and public school-owned properties, or in commercial and industrial zones.
(3) 
All fuel-powered equipment shall only be operated for two hours of use per property on weekdays, and if permitted as set forth above, one hour of use per property on Saturdays, Sundays or holidays. These time restrictions shall not apply to spring cleanups (March 15 through April 30 each calendar year) or fall cleanups (November 1 through December 20 each calendar year.
(4) 
In the event of an emergency as determined by Village Administrator, or the Village Administrator designee, the restrictions set forth herein may be suspended
No person shall cause or permit the creation of any unreasonable noise exceeding 55 db(A)s on any street, sidewalk or public place adjacent to any school, church, house of worship, senior citizen center, library or authorized day-care center while in use or adjacent to any hospital or nursing home at any time, provided that signs are displayed so as to identify such zone. Otherwise, the sound levels contained in § 200-14B and D shall apply to such noise-sensitive zones, regardless of how the area itself is zoned.
The provisions of this chapter shall be enforced by the Police Department and the Department of Building, Housing and Code Enforcement of the Incorporated Village of Northport.
In lieu of issuance of a summons, the Code Compliance Director of the Incorporated Village of Northport may first issue an order requiring abatement of any source of sound or vibration alleged to be in violation of §§ 200-5D and J, 200-6 and 200-7.
Except where a person is acting in good faith to comply with an abatement order issued pursuant to § 200-18, the violation of any provision of this chapter shall be cause for a summons to be issued by the Code Compliance Director or a law enforcement officer of the Northport Village Police Department.
A. 
The Code Compliance Director and police officers of the Village of Northport shall order an immediate halt to any sound which exposes any person, except those excluded in Subsection B, to continuous sound levels in excess of those shown in Table I or to impulsive sound levels in excess of those shown in Table II. Within two days following issuance of such an order, the Code Compliance Director shall apply to the appropriate court for an injunction to replace the order.
TABLE I
Continuous Sound Levels Which Pose an Immediate Threat to Health and Welfare Measured at 50 Feet (15 Meters)
Sound Level Limit
[db(A)s]
Duration
90
24 hours
93
12 hours
96
6 hours
102
1 1/2 hours
105
45 minutes
108
22 minutes
TABLE II
Impulsive Sound Levels Which Pose an Immediate Threat to Health and Welfare Measured at 50 Feet (15 Meters)
Sound Level Limit
[db(A)s]
Number of Repetitions Per 24-Hour Period
145
1
135
10
125
100
B. 
No order pursuant to Subsection A shall be issued if the only persons exposed to sound levels in excess of those listed in Tables I and II are exposed as a result of:
(1) 
Trespass.
(2) 
Invitation upon private property by the person causing or permitting the sound.
(3) 
Employment by the person or a contractor of the person causing or permitting the sound.
C. 
Any person who violates an order issued pursuant to this section shall be deemed to be in violation both of this section and of § 200-4 and subject to the penalties contained in § 200-22 of this chapter.
A. 
The Board of Zoning Appeals of the Village of Northport shall have the authority, consistent with this section, to grant variances to this chapter.
B. 
Any person seeking a variance pursuant to this section shall file an application with the Board of Zoning Appeals. The application shall consist of a letter signed by the applicant and containing a legal form of verification. Such letter shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. In addition, the following information shall be provided:
(1) 
The plan, specifications and other information pertinent to such sources.
(2) 
The characteristics of the sound emitted by the source, including but not limited to the sound levels, the presence of impulsive sounds and the hours during which such sound is generated.
(3) 
The noise-abatement and -control methods used to restrict the emission of sound.
C. 
The Board of Zoning Appeals, upon receipt of such application and upon payment of any fee in the amount as set forth from time to time by resolution in Chapter 147, Fees, shall set the matter down for a public hearing to be held within 30 days from the date the application is submitted. The Board of Zoning Appeals shall cause publication of such public hearing to be given in the official newspaper of the village in the same manner as an application to the Board of Zoning Appeals is published. The applicant in like manner shall give notice of the application by certified mail to all property owners surrounding the sound source site within a radius of 200 feet from the borders of said site.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
In determining whether to grant or deny the application, the Board of Zoning Appeals shall balance the hardship to the applicant, the community and other persons of not granting the variance against the adverse impact on the health safety and welfare of persons affected, the adverse impact on the property affected and any other adverse impacts of granting the variance.
E. 
The Board of Zoning Appeals shall cause the taking of sound level readings by the Northport Police Department in the event that there shall be any dispute as to the sound levels prevailing or to prevail at the sound source site.
F. 
The Board of Zoning Appeals shall have the power to impose restrictions, conditions and the recording of covenants upon any sound source site, including time limits on permitted activity, in the event that it shall grant any variance hereunder.
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $250 or be imprisoned for a period not exceeding 15 days, or be subjected to both such fine and imprisonment. Each day (twenty-four-hour period) such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any person under the age of 16 years who shall violate any of the provisions of this chapter shall be deemed to be a juvenile offender.
The provisions of this chapter shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby, except the following:
A. 
Agriculture.
B. 
The emission of sound for the purpose of alerting persons to the existence of an emergency and the passage of vehicles for that purpose.
C. 
The emission of sound in the performance of an emergency operation in the interest of public health and safety performed during the hours of 7:00 a.m. to 6:00 p.m. Any person intending to perform an emergency operation shall notify the Northport Village Police who shall then notify the Mayor prior to the commencement of such operation.
[Amended 7-10-1990 by L.L. No. 5-1990]
(1) 
Any person intending to perform an emergency operation in the interest of public health and safety between 7:00 a.m. and 6:00 p.m. shall notify the Chief of Police or officer-in-charge of the Northport Police Department as soon prior to the commencement of the emergency operation as is possible.
(2) 
In the event that such operation is to commence prior to 7:00 a.m. or continue after 6:00 p.m., the person performing such emergency operation shall obtain the permission of the Mayor or, in his absence, the Chief of Police or, in his absence, the Deputy Mayor for such work or the continuation of such work after 6:00 p.m., prior to the commencement or continuation of the work.
D. 
Official public celebrations.
E. 
The ceremonial use of a cannon or other such device, provided that the same was regularly in use prior to March 1, 1989, and only to the extent of such use in effect on March 1, 1989.
For the purposes of interpretation and enforcement of the terms and provisions of this chapter in conjunction with Chapter 306, Zoning, of the Code of the Village of Northport, the following rules shall apply:
A. 
Whenever reference is made in this chapter to residential real property zones, areas zoned residential and the like, such areas shall include all classifications of property deemed residential under Chapter 306, Zoning, including Residence Districts A, B, C, D and E.
B. 
Whenever reference is made to areas zoned for business, such areas shall include all classifications of property deemed to be zoned for business under Chapter 306, Zoning, including Business A District, Business B District, Highway Business District and Marine Business District.