Village of Piermont, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Piermont as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.
[Adopted 5-4-1982 by L.L. No. 3-1982]
The making, creation and maintenance of excessive, unnecessary or unusually loud noises within the limits of the Village of Piermont is a condition which has existed for some time, and such noises are detrimental to the public health, comfort, convenience, safety, welfare and prosperity of the residents of the Village of Piermont.
The following acts are declared to be loud, disturbing and unnecessary noises in violation of this article, but said enumeration shall not be deemed to be exclusive:
A. 
The sounding of any horn or signaling device of any automobile, motorcycle, omnibus, truck, boat, engine or other vehicle on any street or public place of the Village, except as a warning of danger; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time.
B. 
The playing, using or operating or permitting to be played, used or operated by any person of any television or radio, musical instrument, phonograph or other machine or device for the production or reproduction of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are listeners thereto. The operation of any such television or radio, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible beyond the property line of the building or structure or outside of the vehicle in which it is located shall be prima facie evidence of a violation of this section.
C. 
The playing, using, operating or permitting to be played, used or operated by any person of any television or radio, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the production or reproduction of sound along and on the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
D. 
Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling or other type of residence or of any persons in the vicinity.
E. 
The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler or the blowing off of excessive amounts of steam from any source creating loud, disturbing or unusual noise, except as a warning of fire or danger or upon request of proper Village authorities.
F. 
The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
G. 
The use of any automobile, motorcycle, boat or other vehicle or machinery so out of repair or improperly loaded as to create loud and unnecessary grating, grinding, rattling or other noise.
H. 
The use of any drum or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show or sale, unless such performance, show or sale has been permitted, authorized and sanctioned by the Board of Trustees of the Village of Piermont.
I. 
The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.
J. 
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.
K. 
The operation of any tools, machinery or equipment used in construction or repair of any building shall only be permitted between the hours of 8:00 a.m. and 6:00 p.m. on Mondays through Fridays; between the hours of 9:00 a.m. to 5:00 p.m. on Saturdays; and between the hours of 12:00 noon and 5:00 p.m. on Sundays and legal holidays, except in case of emergency in the interest of public safety.
[Added 6-3-2008 by L.L. No. 2-2008]
L. 
The operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, lawnmower or similar device used outdoors in residential areas shall only be permitted between the hours of 8:00 am. and 6:00 p.m. on Mondays through Fridays; between the hours of 9:00 a.m. to 5:00 p.m. on Saturdays; and between the hours of 12:00 noon and 5:00 p.m. on Sundays and legal holidays, except in case of emergency in the interest of public safety.
[Added 6-3-2008 by L.L. No. 2-2008; amended 2-4-2014 by L.L. No. 1-2014]
[Added 11-12-1985 by L.L. No. 8-1985]
A. 
The amplification of sound by any person or entity, on public property, which amplification results in sound being plainly audible beyond the property line of the premises from which it emanates shall be prohibited, except by special permit of the Board of Trustees.
B. 
"Amplification" shall be any increase in sound by electronic, mechanical, or any other means, other than the human voice or the natural unamplified sound of musical instruments or other sound-producing instrumentalities.
C. 
The granting or denial of a special permit shall be in the sole discretion of the Board of Trustees, which shall grant or deny same in accordance with standards established in Article XIII of Local Law No. 25-1977, as the same may be amended from time to time.[1]
[1]
Editor's Note: See Art. XIII, Special Permits, of Ch. 210, Zoning.
[Adopted 11-12-1985 by L.L. No. 9-1985; amended in its entirety 2-4-2014 by L.L. No. 1-2014]
A. 
It is the purpose of this article to prevent and control excessive, unnecessary or unusually loud noise originating within the Business B Zone. It is the policy of the Trustees of the Village of Piermont that every person is entitled to ambient noise levels that are not detrimental to life, health and enjoyment of his property. This article is based upon criteria related most directly to objective measurements of sound levels, namely, hearing loss, speech interference and sleep interference.
B. 
If the Trustees determine that a commercial, business or industrial operation in the Business B Zone is not in compliance with the provisions of this article, they may require the owner or operator of such operations to submit an acceptable noise emission test that the operation is in compliance with this article. The owner or operator shall bear the cost of such testing and preparing the test report. The Trustees may revoke or deny a noise permit if the test report is not submitted within the stated time or is not acceptable to Trustees.
C. 
Upon written petition, the Village Board may grant a variance to the limits specified in § 134-6 of this article. Such variance shall be issued for specific properties and shall specify both the limits and the hours during which those limits are applicable.
A. 
The measurement of sound or noise shall be made with a sound-level meter complying with the standards prescribed by the American National Standards Institute.
B. 
The slow meter response of the sound-level meter shall be used in order to best determine that the average amplitude has not exceeded the limiting noise level set forth in § 134-6 of this article.
C. 
Measurement of noise levels shall be made at the boundary of the Business B Zone or beyond, as appropriate, and shall be taken at least four feet from ground level.
D. 
Compliance with the noise limits is to be maintained at all elevations above the boundary of the Business B Zone.
E. 
Daytime hours shall be between 7:00 a.m. and 11:00 p.m. local time. Nighttime hours shall be between 11:00 p.m. and 7:00 a.m. local time.
Maximum permissible sound pressure levels for sound originating in the Business B Zone shall be as follows:
A. 
Within the Business B Zone: as determined by Occupational Safety and Health Administration.
B. 
At the boundary of the Business B Zone:
(1) 
Daytime: no more than 65 dB(A) at any time and no more than six minutes per hour exceeding 60 dB(A).
(2) 
Nighttime: no more than 55 dB(A) at any time and no more than six minutes per hour exceeding 50 dB(A).
(3) 
For impulsive sound (hammering) and for sounds with a narrow frequency band (hum, screech): five dB(A) less for each of the limits set in § 134-6B(1) and (2) of this article.
The prohibitions of this article shall not apply to the following sounds:
A. 
Sounds created by emergency vehicles or sirens or emergency work, provided that the noise resulting from such work ceases to be emitted within 24 hours of the time that the noise is first emitted by such work.
B. 
[1]Sounds created by safety and protective devices not powered by steam.
[1]
Editor's Note: Former Subsection B, regarding sounds from construction sites, was repealed and former Subsections C, D and E were renumbered as B, C and D, respectively, 6-3-2008 by L.L. No. 2-2008.
C. 
Sounds created by bells, chimes, or carillons.
D. 
Sounds created by the means of propulsion of railroad trains. This exception applies only when such railroad train is either in motion or idling during loading, unloading, coupling, uncoupling, refueling or other similar operations, provided that the total idling time for such operations does not exceed 30 minutes.