[Adopted 6-1-2004 by L.L. No. 5-2004]
Disturbing, excessive or offensive noises within
the Village of Pelham are a detriment to the public health, comfort,
convenience, safety, and welfare of the citizens. Every person is
entitled to an environment in which disturbing, excessive or offensive
noise is not detrimental to his or her life, health, or enjoyment
of property. The law is not intended to be construed as to discourage
the enjoyment by residents of normal, reasonable and usual activities.
As used in this article, the following terms
shall have the meanings indicated:
Any work necessary or incidental to the erection, demolition,
assembling, altering, repairing, installing or equipping buildings,
private roads, premises, utility lines or other property, including
but not limited to site preparation such as clearing and removal of
trees, grading, earthmoving, demolition, filling and landscaping,
and excluding blasting, jack hammering, pile driving and rock crushing.
New Year's Day, Martin Luther King Day, President's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
Any disturbing, excessive or offensive sound that under the
circumstances disturbs a reasonable person of normal sensitivities.
No person shall cause, suffer, allow or permit
unreasonable noise to be made. For purposes of this article, unreasonable
noise includes but is not limited to the following acts:
A.
Construction activities that can be heard over any
property line except in the case of public safety or a public emergency
or during the following hours:
B.
Blasting, jack hammering, pile driving and rock crushing
except Monday through Friday, excluding holidays, during the hours
of 9:00 a.m. to 5:00 p.m.
C.
Operating or permitting the operation of any power tool or equipment, including but not limited to saws, sanders, drills, grinders, wood chippers and garden tools, and excluding lawn mowers and leaf blowers powered by internal combustion engines that are controlled by Article V of this chapter, outdoors in a residentially zoned district except during the following hours:
D.
Making live music, operating any sound-reproduction
system, or playing any radio, television, tape player or similar device
that reproduces or amplifies sound at any commercial establishment
between the following hours:
The provisions of this article shall not apply
to the following acts:
A.
The use of power tools for emergency home repairs.
B.
The use of chain saws, snowblowers, snowplows and
other tools and equipment to clear off buildings, vehicles, driveways,
streets or walkways during and within 24 hours after snowfalls, rain
storms, ice storms, wind storms or similar emergencies.
A.
Where compliance with this article creates practical difficulties or unnecessary hardships, the Village Administrator shall investigate and make a report to the Village Board of Trustees regarding an application for a variance to modify the application of any of the provisions of this article so that the spirit of this article shall be observed, public health, safety and welfare secured and substantial justice done. Applications for a variance shall be made pursuant to Subsection D of this section.
B.
The Village Administrator shall recommend the granting
of a variance to the application of any provision(s) of this article
only if he finds that:
(1)
The applicant has demonstrated good and sufficient
cause for the granting of a variance. Such demonstration shall be
founded upon a fair consideration of the circumstances present pertinent
to the application, including but not limited to:
(a)
The social utility of the use of activity for
which a variance is sought.
(b)
The nature and degree of observed deviation
from prescribed standards that results from such use or activity.
(c)
The impact of such use or activity on other
residents and properties.
(d)
The nature and cost of available measures that
may be taken to mitigate the impact of such use or activity.
(2)
The applicant has shown unique or special circumstances
or conditions, applying to the activity or to the use of land, property
or facilities for which the variance is sought, which warrant the
granting of a variance on the ground of practical difficulty or unnecessary
hardship.
(3)
The granting of a variance is necessary to enable
the applicant to conduct the activity or use for which a variance
is sought without unreasonable burden or restriction, and the variance
as granted is the minimum adjustment that will accomplish such purpose.
(4)
The variance will be in harmony with the general purposes
and intent of this article, will not be injurious to the community
or neighborhood or otherwise detrimental to the public health, safety
or welfare and will not be in conflict with other laws of the Village.
C.
The Village Administrator may recommend limiting the
effective period of any variance granted and imposing upon the grant
or operation of any variance such other conditions in furtherance
of the public interest as the Village Administrator finds necessary
and appropriate.
D.
All such applications for a variance pursuant to this
article shall be in writing on forms prescribed by the Village Administrator,
and each application shall refer to specific provisions of this article
and shall exactly set forth the details of the variance applied for
and the grounds on which it is claimed that the same should be granted.
Any application for a variance shall also identify all practical steps
which the applicant has taken to reduce the noise.
E.
After receiving the Village Administrator's report
and the recommendation regarding a variance application, the Village
Board of Trustees shall grant or deny the variance.
A.
Any neglect, failure or refusal to comply with any
provision of this article shall be deemed a violation thereof.
B.
Anyone who commits or is an accessory to the commission of a violation of this article shall be subject to the penalties set forth in § 1-12 of Code of the Village of Pelham.
C.
Nothing in this article shall be construed as depriving
the Village of Pelham or its Board of Trustees of any other available
remedy.
