[HISTORY: Adopted by the Board of Trustees of the Village of Brightwaters 1-24-1972 by L.L. No. 1-1972 as Art. IV of Ch. 28 of the 1972 Code. Amendments noted where applicable.]
[Amended 11-4-1991 by L.L. No. 4-1991]
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs or injures or endangers the comfort, repose, health, peace or safety of others between the hours of 9:00 p.m. and 8:00 a.m. The restrictions contained herein are specific enactments to curb and prevent disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive.
[1]
Editor's Note: Former § 81-1.1, Certain construction and lawn maintenance work restricted, added 8-4-2003 by L.L. No. 6-2003, as amended, was repealed 2-7-2022 by L.L. No. 1-2022. See now Ch. 46, Construction and Maintenance Regulations.
A. 
No person shall maintain or operate or permit to be maintained or operated any loudspeaker attachment connected with a radio apparatus or talking machine or other source of sound in such a manner that the loudspeaker will project sound outside of any building so that the sound is audible for a distance of more than 30 feet from the point of its origin.
B. 
Nothing herein contained shall be construed to prohibit the operation of radio apparatus or talking machines in a reasonable manner within any building or structure even though the sound therefrom may be heard outside such building or structure up to 30 feet therefrom, provided that such radio apparatus or talking machine is not connected with a loudspeaker or amplifier or sound conveyor fastened to or connected with an outside wall or which projects from a window or other opening.
No person shall sound or cause to be sounded any horn or signaling device on any motorcar, motorcycle, motorboat or other vehicle on any street, waterway or public place of the Village except as a danger signal, alarm or traffic warning, nor shall any person create or cause to be created by the use of such device any unreasonably loud, harsh or prolonged sound.
No person shall use or cause to be used a sound truck or other mechanical sound-amplifying device at any place within the Village except by express permission of the Board of Trustees.
A. 
No person shall operate or cause to be operated any aircraft for any purpose over the Village with sound-amplifying equipment in operation that is audible to persons on the ground. This prohibition includes amplification of human voices and musical instruments and forbids the broadcasting of the advertisements of any product, function or cause and the dissemination of messages, recitals or reading or other materials of any kind, unless the same shall have been duly authorized by an official agency of government.
B. 
The prohibition herein shall not apply to broadcastings of warning signals from devices installed on authorized aircraft.
No person shall operate or cause to be operated any motorcar, motorboat or other mechanism propelled by gasoline, fuel oil or other combustible substance unless the same is properly equipped with a muffler so designed and in such condition as to prevent unnecessary noise in its operation.
No person shall operate or permit the carrying on of any activities in connection with the operation of any factory, warehouse or transfer station in which the primary activity is not totally enclosed within the four walls of a building, whenever such an establishment is located within 200 feet of a residence zone, between the hours of 8:30 p.m. and 7:30 a.m. or at any time on Sunday.
[Added 11-4-1991 by L.L. No. 4-1991]
Within 120 days of the enactment of this chapter, alarm users must equip audible alarms with a timing mechanism that will disengage the audible alarm after a maximum period of 15 minutes. Audible alarms without such a timing mechanism shall be unlawful in the Village and must be disconnected by the alarm user within 120 days of the effective date of this chapter.
Nothing contained in this chapter shall prohibit or apply to any air raid or warning signal, siren or any noise when emanating from a device lawfully and properly operated by a governmental authority or when operated in pursuance of any provision of state or federal law.
[Added 11-4-1991 by L.L. No. 4-1991]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or both such fine and imprisonment.