[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 2-8-1971; amended in its entirety 9-27-1976 by L.L. No. 5-1976. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The all-encompassing noise associated with an environment
being usually a composite of sounds from many sources near and far.
A unit of level when the base of a logarithm is 10. Use of
the bel is restricted to levels of quantities proportional to power.
A weighted sound pressure level in accordance with the requirements
set forth in IEC (International Electrotechnical Commission) Recommendations
Publication 179.
A weighted sound pressure level in accordance with the requirements
set forth in the draft secretariat revision, November 1967, of ISO
(International Organization for Standardization) Recommendations Publication
507.
One-tenth of a bel and a unit of level when the base of the
logarithm is the tenth root of 10 and the quantities concerned are
proportional to power.
The frequency of a function periodic in time is the reciprocal
of the period. The unit is a cycle per unit time (cps) or hertz (Hz).
A unit of pressure commonly used in acoustics and is equal
to one dyne per square centimeter.
Any undesired sound or unwanted disturbance, such as a substantial
increase in the ambient noise caused by the operation of any mechanism
or device.
An instrument for the measurement of noise and sound levels
in a specified manner; an instrument which includes a microphone,
amplifier, output meter and frequency-weighting meter works.
The sound pressure level, in decibels, of a sound is 20 times
the logarithm to the base 10 of the ratio of the pressure of this
sound to the reference pressure, which reference pressure must be
explicitly stated.
Any noise having a duration in excess of one minute shall
be considered a steady-state noise and the limits of Table 1 of this
chapter shall apply.
Any noise having the duration of one minute or less shall
be considered a transient noise and the limits of Table 1 of this
chapter shall apply.
A sound pressure level in decibels that is weighted as a
function of a specific frequency repose as required by IEC 179 or
ISO 507.
It is hereby declared to be Village policy to
prevent any unreasonable noise detrimental to the public welfare.
The prohibitory clauses of this chapter shall not apply to mechanisms
or devices used in the home and real property maintenance. The following
examples are inclusive but not exclusive: lawn mowers, hedge clippers,
power saws, snowblowers and Rototillers. These machines shall not
be excluded from the prohibitory provision of this chapter on Sundays.
The following acts are prohibited:
A.Â
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.Â
The operation of any radio or phonograph or the use
of any musical instrument in such a manner or with such volume so
as to annoy or disturb the quiet, comfort or repose of a reasonable
person of normal sensitivity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.Â
The keeping of any animal or bird which by causing
frequent or long-continued noise shall disturb the comfort or repose
of any person in the vicinity.
D.Â
The use of any automobile, motorcycle, streetcar or
vehicle so out-of-repair or so loaded as to create loud and unnecessary
grating, grinding, rattling or other noise.
E.Â
The blowing of any steam whistle attached to any stationary
boiler, except to give notice of time to begin or stop work or as
a warning of danger.
F.Â
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.
G.Â
The creation of noise by the erection, including excavating,
demolition, alteration or repair, of any building other than between
7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity
in the interest of public safety and then only with a permit from
the Building Inspector, which permit may be renewed for a period of
three days or less while the emergency continues.
H.Â
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 workings of such institution, provided that conspicuous
signs are displayed in such streets indicating that the same is a
school, hospital or court street.
I.Â
The creation of a loud and excessive noise in connection
with loading or unloading any vehicle or the opening and destruction
of bales, boxes, crates and containers.
J.Â
The shouting and crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood.
K.Â
The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention to any performance,
show or sale or display of merchandise by the creation of noise.
L.Â
The creation of noise by the use of mechanical loudspeakers
or amplifiers on trucks or other moving vehicles for advertising or
other purposes.
M.Â
The use of any radio apparatus, talking machine, loudspeaker
or amplifier attached thereto in such a manner that the loudspeaker
shall cause the sound from such radio apparatus or talking machine
to be projected directly therefrom outside of any building or out
of doors; or the use of any radio apparatus, talking machine, loudspeaker
or amplifier which is in any way fastened to or connected with any
outside wall or window. Nothing herein contained shall be construed
to prevent the operation of a radio apparatus or talking machine used
in a reasonable manner by any person within any building or structure,
provided that the said radio apparatus, talking machine or loudspeaker
shall not project the sound therefrom directly outside of any building
or out of doors.
N.Â
No persons shall make any noise or operate or cause
to be operated any mechanism or device which shall create a noise
at the offender's property line exceeding the levels presented in
Table 1 below.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
O.Â
The operation of any machinery, equipment, pump exhaust
fan, attic fan, air-conditioning apparatus or similar mechanical device
in such manner as to create any noise violating the levels presented
in Table 1 below.
P.Â
The limits below may be measured according to the
dB(D) or dB(A) method. Readings on an appropriate instrument using
the slow response are valid readings for the purpose of this chapter.
The readings will be valid if the operator of the instrument, in his
expert opinion, reads them as specific decibel levels even though
fluctuations above and below the readings exist.
|
TABLE 1
Noise Level Limits (dB re 0.0002 microbars)
|
|
Time
|
Steady-State
|
Transient
| ||
|---|---|---|---|---|
|
dB(A)
|
dB(D)
|
dB(A)
|
dB(D)
| |
|
Weekdays and Saturdays, 7:00 a.m. to 10:00 p.m.
|
52
|
59
|
72
|
79
|
|
Sundays and holidays, 7:00 a.m. to 10:00 p.m.
|
50
|
57
|
70
|
77
|
|
All evenings, 10:00 p.m. to 7:00 a.m.
|
45
|
52
|
65
|
72
|
Any member of the Village Board, the Building
Inspector, any duly authorized officer or agent of the Village Board
or any member of the Nassau County Police Department is hereby empowered
to enforce the provisions of this chapter.
The Village Clerk may issue, in his or her discretion,
a special permit to allow noise above the stated level if a public
service announcement is to be made by a nonprofit public service organization
or the Village government concerning a special event of unusual interest.
The maximum time is 12 hours.
[Amended 8-22-2022 by L.L. No. 3-2022]
Any person committing an offense against any
provision of this chapter shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable as
follows:
A.Â
For conviction
of a first offense: fine not exceeding $500 or imprisonment for a
period not to exceed 15 days, or both.
B.Â
For conviction
of a second offense, both of which were committed within a one-year
period: fine not less than $1,000 nor more than $1,500 or imprisonment
for a period not to exceed 15 days, or both.
C.Â
For a conviction
of a third or subsequent offense, all of which were committed within
a one-year period: fine not less than $1,500 nor more than $5,000
or imprisonment for a period not to exceed 15 days, or both.
