[HISTORY: Adopted by the Board of Trustees
of the Village of Croton-on-Hudson 9-26-1994 by L.L. No. 9-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 70.
Blasting — See Ch. 81.
Firearms — See Ch. 123.
Noise in parks — See Ch. 168.
[1]
Editor's Note: This local law also supersedes
former Ch. 160, Noise, adopted 10-3-1977 by L.L. No. 16-1977.
It is hereby declared to be the policy of the
Village of Croton-on-Hudson to prevent excessive, unnecessary or unusually
loud noise which may jeopardize the well-being, public health, comfort,
convenience, safety and welfare of its citizens and the peace and
quiet of its inhabitants. The provisions and prohibitions hereinafter
contained shall not be utilized or construed in any manner so as to
deny or limit any right or privilege granted and recognized by the
First Amendment of the Constitution of the United States.
Unless otherwise indicated by context, the following
terms and phrases shall have the following meanings:
A unit for measuring the volume of sound, equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
20 micronewtons per square meter.
New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
The sound-pressure level measured in decibels with a sound-level
meter set to a weighting expressed in dB(A).
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under ANSI Specifications S1.4-1971
or the latest approved revision thereof.
Any sound which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of a reasonable person
of normal sensitivities under the circumstances.
[Amended 12-4-1995 by L.L. No. 11-1995]
The standard or standards to be considered in
determining whether a noise is an unreasonably intrusive noise which
constitutes a prohibited noise shall include, but not be limited to,
one or more of 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.
D.
Whether the origin of the noise is natural or unnatural.
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 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 noise is temporary.
K.
Whether the noise is continuous or impulsive.
L.
The presence of discrete tones.
The following acts, among others, are declared
to be noises in violation of this chapter, but said enumeration shall
not be deemed to be exclusive:
A.
The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle, except as a warning signal pursuant
to the provisions of the Vehicle and Traffic Law of the State of New
York.
B.
Playing, using, operating or permitting to be played,
used or operated any radio, television, phonograph, musical instrument
or instruments, loudspeaker, sound amplifier or other machine or device
for the production or reproduction of sound so as to create an unreasonably
intrusive noise.
C.
Playing, using, operating or permitting to be played,
used or operated any radio, television, phonograph, musical instrument
or instruments, loudspeaker, sound amplifier or other machine or device
for the production or reproduction of sound exceeding 65 dB(A) at
any time within a residential district or within any other district
exceeding 70 dB(A) between the hours of 10:00 p.m. and 8:00 a.m. Sunday
through Saturday or exceeding 65 dB(A) between the hours of 11:00
p.m. Saturday and 10:00 a.m. Sunday or exceeding 65 dB(A) between
the hours of 12:01 a.m. and 11:59 p.m. on holidays as defined in this
chapter.
D.
The keeping or harboring of any animal, fowl or bird
which, by causing frequent or long-continued noise, shall disturb
the comfort or repose of any person residing in the vicinity.
E.
The blowing of any whistle attached to any stationary
boiler, except to give notice of the time to begin work or stop work
or as a warning of danger.
F.
The discharge into the open air of the exhaust of
any steam engine, stationary internal-combustion engine, air compressor,
motorcycle engine or motor vehicle engine, except through a muffler
or other device which effectively prevents loud, unusual or explosive
noise so as to create unreasonably intrusive noise.
G.
Construction work, including but not limited to building,
repairing, blasting, grading, leveling and excavating, between the
hours of 8:00 p.m. and 8:00 a.m. Sunday through Saturday and between
the hours of 8:00 p.m. Saturday and 10:00 a.m. Sunday.
H.
The operation of power lawn mowers, rakers or leaf
blowers or other motor-driven lawn or garden equipment between the
hours of 6:00 p.m. Sunday and 8:00 a.m. Monday, between the hours
of 8:00 p.m. and 8:00 a.m. Monday through Friday, between the hours
of 8:00 p.m. Friday and 9:00 a.m. Saturday, and between the hours
of 6:00 p.m. Saturday and 10:00 a.m. Sunday.
[Amended 9-2-2008 by L.L. No. 5-2008; 9-6-2011 by L.L. No.
3-2011]
I.
Notwithstanding the time constraints in Subsection H above, the operation of gas-powered leaf blowers is prohibited between June 1 and August 31, 2022, as well as January 1 and March 31, 2023, and every year thereafter. Between the aforementioned periods of each year, the Village Manager or his designee shall determine whether the use of gas-powered leaf blowers by the general public after significant storm events or other emergency circumstances shall be permitted for a period of time not to exceed seven days. The provisions hereof shall not be deemed to prevent the use of gas-powered leaf blowers on school district property at any time. Any violation issued under this Subsection I shall be issued to the property owner or the owner of the business undertaking the gas-powered leaf-blowing operations, at the discretion of the enforcement officer issuing the violation.
[Added 1-18-2022 by L.L. No. 2-2022[1]]
(1)
Properties
in excess of 40,000 square feet in lot area shall be eligible to apply
for a permit for the operation of gas-powered leaf blowers, with reasonable
and appropriate conditions and/or limitations as determined by the
Village Manager or his designee. The permit shall be valid for a period
no less than one week and no longer than three months, and the fee
shall be established by resolution of the Village Board of Trustees.
J.
Playing, using, operating or permitting to be played,
used or operated any radio, phonograph, musical instrument, loudspeaker,
sound amplifier or other machine or device for the production or reproduction
of sound which is cast upon the public streets or other public places
for advertising, soliciting or sales purposes.
K.
The use of any drum, bell, loudspeaker or other instrument
or device for the purpose of attracting attention to any solicitation,
performance, show or sale or display of merchandise by the creation
of noise, except bells sounded by licensed mobile vendors, provided
that the sound thereof is not audible more than 300 feet from said
vehicle.
L.
The making, continuing, causing or permitting to be
made, verbally or mechanically, any unreasonable intrusive noise.
[Added 12-4-1995 by L.L. No. 11-1995]
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 or within ten (10) feet of the property
line of the property on which such noise is generated.
A.
Nothing in this chapter shall be construed to prevent
the production of music in connection with any military or civic parade,
funeral procession or religious service or the use of any bell, chimes
or other instrument, apparatus or device by any church or synagogue,
or school licensed or chartered by the State of New York, provided
that such production or use does not occur between the hours of 10:00
p.m. and 8:00 a.m. of the following day.
B.
Sounds created by any governmental agency or railroad
agency by the use of public warning devices are exempted from the
limitations of this chapter.
C.
Sounds created by public utilities in carrying out
the operations of their franchise are exempted from the limitations
of this chapter.
D.
Sounds connected with any organized sporting event of any public school conducted on public school property. For the purpose of this Subsection D, field days and sporting practices shall be deemed organized sporting events.
[Amended 9-6-2016 by L.L.
No. 4-2016]
E.
Sounds connected with activities and equipment of
the Croton-on-Hudson Department of Public Works are exempted from
the limitations of this chapter.
The provisions of this chapter shall in no case
remove or render less restrictive limitations on noise generated or
other conditions imposed for specific properties by actions of the
Croton-on-Hudson Planning Board or by the actions of the Croton-on-Hudson
Zoning Board of Appeals or required under other applicable laws or
regulations.
The provisions of this chapter shall be enforced
by the Police Department of the Village of Croton-on-Hudson, Code
Enforcement Officers of the Village of Croton-on-Hudson or other officials
designated by the Village Manager.
This chapter shall take effect immediately upon
filing with the Secretary of State.
