[HISTORY: Adopted by the Board of Trustees of the Village of Old Field 7-22-1963; amended in its entirety 11-14-2000 by L.L. No. 5-2000. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL LANDSCAPER
- Any commercial gardener, landscaper, tree surgeon or other individual involved in a lawn or ground maintenance business.
- CONSTRUCTION MACHINERY
- Any tractor, bulldozer, backhoe, earth-moving machine, cement mixer, crane, construction generator or other similar construction machinery.
- LANDSCAPING EQUIPMENT
- Any powered leaf blower, mower, chain saw, grinder, trimmer, wood chipper or other internal combustion engine apparatus or landscaping equipment used for lawn or ground maintenance.
- 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 amplified musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public address system or any other sound-amplifying device.
- MOTOR VEHICLE
- Any vehicle capable of being operated or driven upon a public highway, which is propelled by any power other than muscular power, except electrically driven mobility assistance devices operated or driven by a person with a disability, fire and police vehicles, ambulance and other emergency vehicles and municipal vehicles. "Motor vehicle" shall exclude farm-type tractors and vehicles used primarily for agricultural purposes or ground maintenance.
- NOISE-MAKING DEVICE
- Any device of any design or manufacture that is designed to create unreasonable noise or designed for the purpose of scaring, frightening or disturbing a domestic animal or wildlife.
- PUBLIC HOLIDAY
- New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.[Added 4-14-2015 by L.L. No. 2-2015]
- RECREATIONAL VEHICLE
- Any self-propelled vehicle which is used primarily for off-highway operation or competitive events, even though incidentally operated on a public highway, such as, but not limited to, a go cart, all-terrain vehicle, unlicensed motorcycle, motorbike or snowmobile. "Recreational vehicle" shall not include any vehicle used for municipal purposes or emergency service.
It shall be unlawful for any person to make, continue, permit or cause to be made or continued any loud, unnecessary or unusual noise which either annoys, disturbs or injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities.
The following restrictions are specific enactments to curb and prevent disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive.
No person shall maintain or operate or permit to be maintained or operated any loudspeaker in such a manner that it will project sound outdoors or inside of any building so that the sound is audible for a distance of more than 60 feet from the point of its origin or building.
Nothing herein contained shall be construed to prohibit the operation of a loudspeaker for private entertainment for a property owner's private gathering between the hours of 6:00 p.m. and 12:00 a.m. on Fridays, 1:00 p.m. and 12:00 a.m. on Saturdays, and 2:00 p.m. and 8:00 p.m. on Sundays, provided that such property owner has not had more than two such gatherings within the preceding 12 months.
No person shall operate or cause to be operated any aircraft for any purpose over the Village with sound-amplifying equipment in operation audible to persons on the ground. This prohibition includes amplification of human voices and musical instruments and forbids the broadcasting of the advertisement of any product, function or cause and the dissemination of messages, recitals, reading or other materials of any kind, unless the same shall have been duly authorized by an official agency of government.
The prohibition herein shall not apply to broadcasting of warning signals from devices installed on authorized aircraft or to the use of any horn or other mechanical device when operated to ensure safety in navigation.
No person shall use or cause to be used a sound truck or other mechanical sound-amplifying device at any place within the Village, unless prior permission, in writing, is secured from the Village Board.
No person shall sound any horn or signaling device on any motor vehicle or recreational vehicle, except as a danger or warning signal.
No person shall discharge the exhaust of any internal combustion engine, without a muffler or other device which will effectively prevent unlawful noise as defined by § 64-2 emanating therefrom. The continuous use or operation of any recreational vehicle on private property, for a period exceeding 30 minutes, is prohibited at any time.
No person shall use, operate, discharge, install, cause or permit to be used, operated, discharged or installed any noise-making device.
No person shall allow or permit a burglar alarm or other alarm system of any building, motor vehicle, recreational vehicle or boat to sound for a continuous period exceeding 15 minutes in duration.
No person shall intentionally use or operate a motor vehicle or recreational vehicle in such a manner as to cause excessive squealing or other excessive noise of the tires.
[Amended 4-14-2015 by L.L. No. 2-2015; 6-11-2019 by L.L. No. 2-2019]
The following acts are prohibited between the hours of 6:00 p.m. and 8:00 a.m. of the following morning, at any time on Sunday and public holidays as defined in § 64-1.
The construction, demolition, alteration or repair of any building or the operation of construction machinery. Nothing herein shall be construed to prohibit work on the interior of a building which is entirely enclosed, or the use of small power tools and machinery by a person who owns or occupies the property.
The use or operation of any landscaping equipment by a commercial landscaper.
The use of explosives, firearms or similar devices, except as otherwise permitted by law.
The provisions of this chapter shall not apply to the following acts:
The emissions of sound for the purpose of alerting a person of an existing emergency.
Noise from a municipally sponsored celebration, event or other authorized municipal activities.
The operation or use of any organ, radio, bell, chimes or other instrument, apparatus or device by any church, synagogue or school licensed or chartered by the State of New York, provided that such operation or use does not occur between the hours of 10:00 p.m. and 8:00 a.m.
The operation of a generator for emergency purposes.
Noise generated by a municipality during any emergency repair and maintenance or any other repair or maintenance undertaken by the municipality approved by the Mayor or Board of Trustees.
Use of any horn or other mechanical device when operated for safety purposes or to send a warning signals from authorized devices installed on vehicles, aircraft or vessels.
Conduct authorized pursuant to a permit issued by the Mayor or the Board of Trustees, subject to the conditions and restrictions imposed.
[Added 11-19-1985 by L.L. No. 2-1985]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.