[HISTORY: Adopted by the Town Board of the
Town of North Hempstead 10-21-2003 by L.L. No. 13-2003.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 14.
Explosives — See Ch. 19.
Grading and soil removal — See Ch. 25.
Regulation of Town park, Town gardens and Town docks — See Ch. 39.
Taxicabs, limousines and private livery vehicles — See Ch. 52.
[1]
This local law also repealed former Ch. 38,
Noise, adopted 12-17-1968, as amended.
It is hereby found and declared that the making
and creation of unreasonably loud, disturbing or unusual noises affect
and are a detriment to the peace, welfare, safety, convenience, and
health of the residents of the Town, and it is the policy of the Town
to prevent such noises. The public interest requires that the provisions
and prohibitions contained herein be enacted for the purpose of securing
and promoting the public health and welfare of the Town.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
A unit for measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals (20 micronewtons
per square meter).
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
A device for abating the sound of escaping gases of an internal
combustion engine.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
The creation of any sound which interferes with the reasonable
and normal activities of reasonable persons of normal sensitivities
lawfully occupying an area adjacent to the source of said sound.
Any sound which endangers or injures the safety or health
of humans or animals or annoys or disturbs a reasonable person of
normal sensitivities or endangers or injures personal or real property.
Any area designated pursuant to this chapter for the purpose
of ensuring exceptional quiet.
Any individual, association, partnership or corporation,
and including any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state.
Any self-propelled airborne, waterborne or land-borne plane,
vessel or vehicle, which is not designed to carry persons, including
but not limited to any model airplane, boat, car of rocket.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
A line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned
by another person, but not including intrabuilding real property divisions.
An area designated for any residential use under the Code
of the Town of North Hempstead.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that cause compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
All “time” references are made to prevailing
time.
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
Any day, Monday through Friday, which is not a legal holiday.
A.
Noise disturbances prohibited.
(1)
No person shall make, continue or cause to be made
or continued any noise disturbance at any time.
(2)
In determining whether a violation of this section
exists, the following factors shall be considered:
(a)
The volume and intensity of the sound;
(b)
The vibration intensity of the sound;
(c)
Whether the nature of the sound is usual or unusual;
(d)
Whether the origin of the sound is natural or unnatural;
(e)
The volume and intensity of the background sound,
if any;
(f)
The proximity of the sound to residential sleeping
facilities;
(g)
The nature and zoning of the area within which the
sound emanates;
(h)
The time of day or night the sound occurs;
(i)
The duration of the sound; and
(j)
Whether the sound is recurrent, intermittent, or consistent.
B.
Specific prohibitions. The following acts and the
causing thereof are declared to be in violation of this chapter:
(1)
Radios, television sets, musical instruments and similar
devices.
(a)
Operating, playing or permitting the operation or
playing of any radio, television, phonograph, drum, musical instrument,
sound amplifier or similar device which produces, reproduces or amplifies
sound:
[1]
Between the hours of 10:00 p.m. and 8:00 a.m.
in such a manner as to create a noise disruption across a real property
boundary or within a noise-sensitive zone.
[2]
In such a manner as to create a noise disruption
at approximately 50 feet from such device, when operated in or on
a motor vehicle on a public right-of-way or public space or in a boat
on public waters.
[3]
In such a manner as to create a noise disruption
to any person other than the operator of the device, when operated
by any passenger on a common carrier.
(2)
Loudspeakers and public address systems: using or
operating for any purpose any loudspeaker, public address or similar
device such that the sound therefrom creates a noise disruption across
a real property boundary or within a noise-sensitive zone or between
the hours of 10:00 p.m. the previous day to 8:00 a.m. on a public
right-of-way or public space.
(3)
Street sales: offering for sale or selling anything
by shouting or outcry within any residential or commercial area of
the Town, except in a stadium or sports arena.
(4)
Animals and birds: owning, possessing or harboring
any animal or bird which, for a long and continuous and frequent duration
in excess of 15 minutes, howls, barks, meows, squawks or makes other
sounds which create a noise disruption across a residential real property
boundary or within a noise-sensitive zone.
(5)
Loading and unloading: loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials
or similar objects between the hours of 10:00 p.m. the previous day
to 8:00 a.m. in such a manner as to cause a noise disruption across
a residential real property boundary or within a noise-sensitive zone.
(6)
Commercial equipment: operating or permitting the
operation of any commercial equipment, including but not limited to
air-conditioning and refrigeration systems, between the hours of 10:00
p.m. the previous day and 8:00 a.m. in such a manner as to create
a noise disturbance across a residential real property boundary or
within a noise-sensitive zone.
(7)
Construction: the erection, including excavation,
demolition, alteration or repair, of any building, and the operating
or permitting the operation of any tools or equipment used in such
work.
(a)
Restrictions:
[Amended 6-18-2020 by L.L. No. 4-2020]
[1]
Between the hours of 6:00 p.m. the previous
day and 7:30 a.m., weekdays, and at any time on weekends or holidays,
such that the sound therefrom creates a noise disruption across a
residential real property boundary or within a sound-sensitive zone,
except for cases of urgent necessity in the interest of public safety
and then only with an extended construction hours permit from the
Building Department, which permit may be renewed for a period of three
days or less while the emergency continues, or public service utilities.
[2]
Notwithstanding § 38-3B(7)(a)[1] of the Town Code, construction activity on Saturdays between the hours of 9:00 a.m. and 6:00 p.m. may be allowed in business and industrial zoning districts upon issuance of an extended construction hours permit from the Building Department when such activity does not create or is not likely to create a noise disruption across a residential real property boundary or within a sound-sensitive zone. The Building Department may revoke an extended construction hours permit once issued if the sound from such construction activity creates or becomes likely to create a noise disruption across a residential real property boundary or within a sound-sensitive zone.
(8)
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 or
the repairing, rebuilding, modifying or testing of any motor vehicle,
motorcycle or motorboat, where such activity is allowed by the Code
of the Town of North Hempstead, in such a manner as to create a noise
disruption across a residential real property boundary or within a
noise-sensitive zone from 7:00 p.m. the previous day to 8:00 a.m.,
weekdays, and at any time on weekends or holidays.
(9)
Airport and aircraft operations: Nothing in this section
shall be construed to prohibit, penalize, enjoin or in any manner
regulate the movement of aircraft which are in all respects conducted
in accordance with or pursuant to applicable federal laws, regulations
and local laws and ordinances.
(10)
Explosives, firearms and similar devices: the use
or firing of explosives, firearms or similar devices which create
impulsive sound so as to create a noise disruption across a real property
boundary or on a public space or right-of-way.
(11)
Powered model vehicles: operating or permitting the
operation of powered model vehicles so as to create a noise disruption
across a residential real property boundary, in a public space or
within a noise-sensitive zone between the hours of 9:00 p.m. the previous
day to 8:00 a.m. on weekdays or at any time on weekends or holidays.
(12)
Vibration: operating or permitting the operation of
any device that creates vibration which is above the vibration perception
threshold of an individual at or beyond the property of the source
if on private property or at approximately 50 feet from the source
if on a public space or public right-of-way. For the purposes of this
section, “vibration perception threshold” means the minimum
ground or structure borne vibrational motion necessary to cause a
normal person to be aware of the vibration by such direct means as,
but not limited to, sensation by touch or visual observation of moving
objects. This section shall not apply to construction activities performed
in compliance with all applicable federal state and any local laws
and ordinances.
(13)
Stationary nonemergency signaling devices.
(a)
Sounding or permitting the sounding of any signal
from any stationary bell, chime, siren, whistle or similar device
intended primarily for nonemergency purposes, from any place, for
more than one minute in an hourly period.
(b)
Devices used in conjunction with places of religious
worship shall be exempt from the operation of this provision.
(14)
Emergency signaling devices.
(a)
The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing as provided in Subsection B(14)(b).
(b)
Testing.
[1]
Testing of a stationary emergency signaling
device shall occur at the same time of day each time such a test is
performed but not before 9:00 a.m. or after 6:00 p.m. Any such testing
shall use only the minimum cycle test time. In no case shall such
test time exceed 60 seconds.
[2]
Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 9:00 a.m. nor after 6:00 p.m. The time limit specified in subsection B(14)(b)[1] shall not apply to such complete system testing.
(c)
Sounding or permitting the sounding of any exterior
burglar or fire alarm or any motor vehicle burglar alarm unless such
alarm is automatically terminated within 20 minutes of activation.
(15)
Motorboats: operating or permitting the operation
of any motorboat in any harbor, bay, sound area or other waterway
in such manner as to create a noise disruption at approximately 50
feet or the nearest shoreline, whichever distance is less.
(16)
Domestic power tools: operating or permitting the
operation of any mechanically powered saw, sander, drill, grinder,
lawn or garden tool, snowblower or similar device used in residential
areas between the hours of 7:00 p.m. the previous day to 8:00 a.m.,
Monday through Friday, and 5:00 p.m. the previous day to 10:00 a.m.
on a Saturday, Sunday or holiday, so as to cause a noise disruption
across a residential real property boundary.
(17)
Tampering. The following acts or the causing thereof
are prohibited:
(a)
The removal or rendering inoperative by any
person, other than for purposes of maintenance, repair or replacement,
of any noise-control device or element of design.
(b)
The moving or rendering inaccurate or inoperative
of any sound-monitoring instrument or device positioned by or for
the Town of North Hempstead or its agent or employee, provided that
such device or the immediate area is clearly labeled or identified.
(c)
The use of a product which has a noise-control
device or element of design rendered inoperative, with knowledge that
such action has occurred.
(18)
Leaf blowers: the operation of any motorized leaf
blower, lawn mower, hedge, lawn or tree trimmer, mulcher or similar
device on a weekday prior to 8:00 a.m. or after 7:00 p.m. or on a
Saturday, Sunday or legal holiday prior to 10:00 a.m. or after 5:00
p.m.
(19)
The use and operation of sound devices and apparatus
for any commercial or business advertising purposes is prohibited.
It shall be unlawful for any person to use or operate or cause to
be used or operated any sound device or apparatus in, on, near or
adjacent to any public street, park or place for commercial or business
advertising purposes.
(20)
The sounding of any horn or signal device on any automobile,
truck, 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.
[Added 2-28-2006 by L.L. No. 3-2006]
A.
It shall be unlawful for any person to use or operate
or cause of be used or operated any sound device or apparatus in,
on or near or adjacent to any public street, park or place for commercial
or business advertising purposes.
B.
It shall be unlawful for any person to operate or
drive or 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 or business 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 or business advertising shall
be presumptive evidence that such advertising was conducted by reason
of employment, procurement or induction on the part of said person,
proprietor, vendor or exhibitor or the person or persons represented
by said trade, business or corporate name.
A.
Immediate threats to health and welfare.
(1)
The Town of North Hempstead or its agent or employee
shall order an immediate halt to any sound which exposes any person
to continuous sound levels in excess of those shown in Table I or
to impulsive sound levels in excess of those shown in Table II. Within
five days following issuance of such an order, the Town of North Hempstead
or its agent or employee shall apply to the appropriate court for
an injunction to replace the order.
(2)
Any person subject to an order issued pursuant to Subsection A(1) shall comply with such order until the sound is brought into compliance with the order, as determined by the Town of North Hempstead, or its agent or employee, or a judicial order has superseded the Town of North Hempstead or its agent or employee.
|
Table I
| ||
|---|---|---|
|
Continuous Sound Levels Which Pose an
Immediate Threat to Health and Welfare (measured at 50 feet or 15
meters)
| ||
|
Sound Level (dBA)
|
Limit Duration
| |
|
90
|
24 hours
| |
|
93
|
12 hours
| |
|
96
|
6 hours
| |
|
99
|
3 hours
| |
|
102
|
1.5 hours
| |
|
105
|
45 minutes
| |
|
108
|
22 minutes
| |
|
Table II
| ||
|---|---|---|
|
Impulsive Sound Levels Which Pose an Immediate
Threat to Health and Welfare (measured at 50 feet or 15 meters)
| ||
|
Sound Level (dBA)
|
Limit Number of Repetitions per 24-Hour
Period
| |
|
145
|
1
| |
|
135
|
10
| |
|
125
|
100
| |
B.
Other remedies. No provision of this chapter shall
be construed to impair any common law or statutory cause of action
or legal remedy therefrom of any person for injury or damage from
any violation of this chapter or from other law.
[Amended 10-18-2005 by L.L. No. 9-2005]
A.
Any person or persons who shall violate any of the provisions, with the exception of § 38-3B(7), of this chapter shall be punished as follows:
(1)
For conviction of a first offense, by a fine of not
less than $100 and not more than $350 or by imprisonment not exceeding
10 days, or by both.
(2)
For conviction of the second of two offenses, both
of which were committed within a period of one year, by a fine of
not less than $350 and not more than $750 or by imprisonment not exceeding
30 days, or by both.
(3)
For conviction of a third or subsequent offense of
a series of offenses, all of which were committed within a period
of two years, by a fine of not less than $750 and not more than $1,250
or by imprisonment not exceeding 60 days, or by both.
B.
Any person or person who shall violate § 38-3B(7) of this chapter shall be punished as follows:
(1)
For conviction of a first offense, by a fine not less
than $500 and not more than $1,500 or by imprisonment not exceeding
15 days, or by both.
(2)
For conviction of the second of two offenses, both
of which were committed within a period of one year, by a fine not
less than $1,500 and not more than $3,000 or by imprisonment not exceeding
30 days, or by both.
(3)
For conviction of a third or subsequent offense of
a series of offenses, all of which were committed within a period
of two years, by a fine of not less than $3.000 and not more than
$5,000 or by imprisonment not exceeding 60 days, or by both.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this chapter but shall be confined
in its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the litigation in which such judgment
shall have been rendered.
