Village of Baxter Estates, NY
Nassau County
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[HISTORY: Adopted by the Board of Trustees of the Village of Baxter Estates 9-19-2005 by L.L. No. 1-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Barking dogs — See Ch. 71, Art. II.
Parks and recreation — See Ch. 139.
Vehicles and traffic — See Ch. 168.
A. 
It is hereby declared to be the policy of the Board of Trustees to prevent any unreasonable, loud, disturbing and unnecessary noise. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual or contrary to the public welfare is prohibited.
B. 
It is hereby further declared that the operation of any radio device or apparatus, or any device or apparatus for the amplification of sounds from any radio, phonograph or other sound-making or sound-producing device, or any device or apparatus for the reproduction or amplification of the human voice or other sounds in front of or outside of any building, place or premises or in or through any window, doorway or opening of such building, place or premises abutting on or adjacent to any public street, park or place; or in or upon any vehicle operated, standing or being in or upon any public street, park or place where the sounds 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 village; or in any boat or on the waters within the jurisdiction of the village; or anywhere on or in the public streets, parks or places, for commercial advertising purposes is detrimental to the health, welfare and safety of the inhabitants of the village; in that such operation diverts the attention of pedestrians and vehicle operators in the public streets, parks and places, thus increasing traffic hazards and causing injury to life and limb. It is hereby further declared that such operation disturbs the public peace and comfort and the peaceful enjoyment by the people of their right to use the public streets, parks and places for street, park and other public purposes and disturbs the peace, quiet and comfort of the neighboring inhabitants. Therefore, it is hereby declared that the prohibition of such operation for commercial advertising purposes is essential to protect and to secure the health, welfare, safety, comfort, convenience and peaceful enjoyment by the inhabitants of this village of their right to use the public streets, parks and places for street, park and other public purposes and to secure the peace, quiet enjoyment and comfort of the Village inhabitants.
For the purpose of this chapter, the terms used herein are defined as follows:
OPERATION
Includes operation and use as well as allowing, permitting or tolerating the operation by an employee and allowing, permitting or tolerating the operation on premises owned or leased by a person or by a child, minor, servant, employee, agent or guest of such person or of someone residing at such premises.
PERSON
Includes any individual, firm, association or corporation, whether such person be the owner or lessee, its servants, agents or employees.
SOUND DEVICE OR APPARATUS
Any radio device or apparatus or any device or apparatus for the amplification of sounds from any radio, phonograph, television or other sound-making or sound-producing device or any device or apparatus for the reproduction or amplification of the human voice or other sound.
TO USE OR OPERATE ANY SOUND DEVICE OR APPARATUS IN, ON, NEAR OR ADJACENT TO ANY PUBLIC STREET, PARK OR PLACE
To use or operate or cause to be used or operated any sound device or apparatus in front of or outside of any building, place or premises or in or through any window, doorway or opening of such building, place or premises abutting on or adjacent to any public streets, park or place; or in or upon any vehicle operated, standing or being in or upon any public street, park or place where the sounds 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 village; or in any boat or on the waters within the jurisdiction of the village or anywhere on or in the public streets, parks or places.
UNNECESSARY
That which is not required by the usual circumstances.
USUAL
The normal noise range for a particular type of vehicle or mechanism.
A. 
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but any enumeration herein shall not be deemed to be exclusive:
(1) 
The operation of any radio, phonograph or use of any musical instrument in such manner or with such volume, particularly between 10:00 p.m. and 7:00 a.m., in such manner as to annoy or disturb the quiet, comfort or repose of reasonable persons of normal sensitiveness in any dwelling, hotel or other type of residence.
(2) 
The keeping or maintaining of any animal or animals or bird or birds, whether in commercial or in residential zones, which by causing frequent or long-continued noise shall disturb the comfort and repose of any reasonable person of normal sensitiveness in the vicinity. For purposes hereof, any instance of noise caused by an animal or bird continuing for an interval of 10 minutes or more, including brief interruptions, shall be deemed a loud, disturbing and unnecessary noise in violation of this chapter.
(3) 
The use of any automobile, motorcycle, streetcar or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(4) 
The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger.
(5) 
The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine or motor vehicle engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(6) 
The erection, including excavation, demolition, alteration or repair, of any building other than between 8:30 a.m. and 6:00 p.m. on Mondays through Fridays and 9:00 a.m. and 6:00 p.m. on Saturdays, except in cases of urgent necessity in the interest of public safety and then only with a permit from the Building Department, which permit may be renewed for a period of three days or less while the emergency continues.
(7) 
The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same is in session, or adjacent to any hospital, which unreasonably interferes with the working of such institution, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
(8) 
The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening or destruction of bales, boxes, crates or containers.
(9) 
The shouting and crying of peddlers, hawkers and vendors which unreasonably disturbs the peace and quiet of the neighborhood.
(10) 
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any sale or display of merchandise by the creation of noise.
(11) 
The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle except as a warning signal pursuant to the provisions of the Vehicle and Traffic Law of the State of New York.
(12) 
The use of any sound-making equipment, such as, but not limited to, a phonograph, tape recorder, musical instrument, television, radio apparatus, talking machine, loudspeaker or amplifier, out of doors between the hours of 10:00 p.m. and 9:00 a.m. or in such manner so that the sound therefrom is projected outside of any building or structure between the hours of 10:00 p.m. and 9:00 a.m. Nothing herein contained shall be construed to prevent the operation of such sound-making equipment in a reasonable manner by any person within any building or structure, provided that such sound-making equipment shall not project the sound therefrom outside of such building or structure and, if such sound-making equipment is being used in a dwelling containing two or more families, provided that such sound-making equipment shall not project the sound therefrom beyond the common walls separating such families. The operation of any such sound-making equipment at any time in such a manner as to be plainly audible at the property line, or 25 feet in the case of a vehicle on public rights-of-way, shall be prima facie evidence of a violation of this section.
(13) 
The operation of any sound device or apparatus in, on, near or adjacent to any public street, park or place for commercial advertising purposes.
(14) 
The operation in or upon private property or the public way within any residential district of any power equipment used or able to be used for home or building construction or repair, or for grounds improvement or maintenance, other than between the hours of 8:30 am. and 6:00 p.m. on Mondays through Fridays, 9:00 am. and 5:00 p.m. on Saturdays and 10:00 a.m. and 4:00 p.m. on Sundays; notwithstanding the foregoing, owners or occupants of private property within any such residential district may themselves operate power equipment subject to this provision between 6:00 p.m. and 7:00 p.m., on Mondays through Fridays. Power equipment subject to the provisions hereof shall include, but not be limited to, lawn mowers, garden tools, snow-removal equipment, power saws, including chain saws, leaf blowers, lawn edgers, and wood, branch and leaf chippers, and any other machine, tool or piece of equipment or other item, the operation of which results in a noise louder than 35 decibels, Notwithstanding the foregoing, in cases of emergency to protect public safety or the protection of persons or property on private property from imminent harm or injury, the power equipment, tools, machines and other items subject hereto may be used, but only to the extent, and for the minimum period of time required to address the emergency.
(15) 
The use or operation of any air-conditioning or heating equipment, machinery or devices, which makes excessive or unusual noise and unreasonably disturbs the comfort and repose of any reasonable person of normal sensitiveness residing in the area.
(16) 
The use or operation of a generator located outside of a building in any residential zoning district of the Village, at any time on a Saturday, Sunday or holiday, for more than 10 consecutive minutes, or at any time other than between the hours of noon and 3:00 p.m., except that generators may be permitted at other times when the failure of other power sources for residential services such as heat and electricity warrants the use thereof in order to operate residential heating and electrical systems, and for routine maintenance for repair work of the generator itself.
(17) 
To willfully make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
B. 
The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
(1) 
The volume of the noise;
(2) 
The intensity of the noise;
(3) 
Whether the nature of the noise is usual or unusual;
(4) 
Whether the origin of the noise is natural or unnatural;
(5) 
The volume and intensity of the background noise, if any;
(6) 
The proximity of the noise to residential sleeping facilities;
(7) 
The nature and zoning of the area within which the noise emanates;
(8) 
The density of the inhabitation of the area within which the noise emanates;
(9) 
The time of the day or night the noise occurs;
(10) 
The duration of the noise;
(11) 
Whether the noise is recurrent, intermittent, or constant; and
(12) 
Whether the noise is produced by a commercial or noncommercial activity.
A. 
It shall be unlawful for any person to operate or cause to be operated any sound device or apparatus in, on, near or adjacent to any public street, park or place for commercial advertising purposes.
B. 
It shall be unlawful for any person to operate or drive or to employ, procure or induce another to operate, drive, lend, lease or donate any automobile, truck or other type of vehicle or to operate or aviate or procure or induce another to operate, aviate, lend, lease or donate any airplane or other type of flying device for commercial advertising by means of any sound device or apparatus in violation of this chapter.
C. 
The use of the name of any person or of any proprietor, vendor or exhibitor or the use of any trade, business or corporate name in connection with such commercial advertising shall be presumptive evidence that such advertising was conducted by reason of employment, procurement or inducement on the part of said person, proprietor, vendor or exhibitor or the person or persons represented by said trade, business or corporate name.
[Amended 8-6-2015 by L.L. No. 2-2015]
Each and every violation of, or failure to comply with, any provision of this chapter shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine not more than $250, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $250, nor more than $500, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $500, no more than $1,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each day that a violation occurs or continues shall be deemed a separate and distinct violation hereunder.