It is hereby declared to be the policy of the Village Board of Trustees to prevent unreasonably disturbing and unnecessary noise. It is the intention of the Village Board of Trustees to reduce the noise level within the Village of Floral Park so as to preserve, protect and promote the public health, safety and welfare and to foster convenience, peace and quiet of the village by the inhabitants and transients within the Village of Floral Park. The Village Board finds that every person is entitled to have maintained noise levels which are not detrimental to life, health and enjoyment of property, in that excessive and unnecessary noise within the Village of Floral Park affects and is a menace to the public health, safety and welfare and the comfort of the people of the Village of Floral Park.
[HISTORY: Adopted by the Floral Park Village Board 4-4-1989 by L.L. No. 2-1989.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 55, adopted 5-4-1943, as amended.
No person shall locate radios or similar devices, or amplifiers thereof, so as to, or that may, project sound into highways or neighborhoods for advertising or business purposes.
[Added 11-21-2023 by L.L. No. 3-2023]
It shall be unlawful for any person to:
A.
Operate or use any audio device or other musical instrument in such manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence, except that:
(1)
A permit may be obtained to play music outdoors in the Business Districts. The permit shall allow music to be played outdoors from 10:00 a.m. until 11:00 p.m. on Thursday, Friday and Saturday, and on Sunday, music shall be permitted but shall be limited to acoustic, not amplified or reproduced music from 10:00 a.m. until 6:00 p.m. A permit application to play outdoor music shall be made to the Board of Trustees. In addition to the time limitations, the Board of Trustees may establish additional permit conditions and requirements. In the event that the conditions and requirements of the permit or of this section or the Village code are violated, the permit shall be immediately revoked. In the event of the revocation of the permit, any application to reinstate the permit or to issue a new permit shall be made to the Board of Trustees.
(2)
Businesses are permitted to play amplified or live music indoors from 10:00 a.m. until 11:00 p.m. on Thursday, Friday and Saturday, and 10:00 a.m. to 9:00 p.m. Sunday, Monday, Tuesday and Wednesday, unless otherwise approved by the Board of Trustees.
(3)
Residents in any Residential Zoning District may play music outdoors, for noncommercial purposes, on Friday and Saturday from 10:00 a.m. until 11:00 p.m., and on Sunday from 10:00 a.m. until 8:00 p.m.
(4)
The Board of Trustees, by resolution, shall have power to require additional conditions upon its review of a revoked permit and the Board of Trustees shall have the power to modify the requirements of this section following a written request for same and good cause shown.
B.
Keep any animal or bird which by causing frequent or long-continued noise shall disturb the comfort and repose of any person in the vicinity.
C.
Operate or use any automobile, motorcycle or other vehicle so out of repair, so equipped or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
D.
Cause to be discharged into the open air the exhaust of any steam engine, stationary internal-combustion engine, motorcycle or motor vehicle engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
E.
Create any excessive noise on any street adjacent to any school when the same is in session, or adjacent to any hospital or nursing homes, which unreasonably disturbs or annoys the pupils, teachers, administrative personnel, patients or occupants thereof, provided conspicuous signs are displayed in the streets upon which such school, hospital or nursing home is located, indicating the presence of such school, hospital or nursing home.
F.
Load or unload any vehicle in such manner as to create loud and excessive noise.
G.
Use any drum, loudspeakers or other instrument or device for the purpose of attracting attention to any sale or display of merchandise or advertising any commercial product by the creation of noise.
H.
Use or operate or cause to be used or operated any sound device on or near or adjacent to any public street or place, or in front of or outside of any building, place or premises, or in or through any window, doorway or opening of any building or premises abutting on or adjacent to any public street or place, or to or upon any vehicle operated, standing or being in or upon any public street, park or place, where the sound therefrom may be heard upon any public street or place and which sound is used for commercial, business or advertising purposes.
[Added 5-1-2001 by L.L. No. 4-2001[1]]
As used in this chapter, the following terms shall have the meanings indicated:
The average level of undifferentiated background sound perceived in an area at any given time exclusive of any distinguishable extraneous sounds or noises. Statistically, the long-term residual ambient sound level for an area is expressed as the L90 value, i.e., the level that is exceeded 90% of the time.
The American National Standards Institute or its generally recognized functional successor.
Any lawful business or commercial activity involving the promotion, sale or utilization of goods or services, including but not limited to the operation of commercial dining establishments, bars, lounges and taverns, motor vehicle service and repair shops and recreational and entertainment facilities.
Any distinguishable sound having a timed duration of more than two seconds.
That portion of each day which falls between the hours of 7:00 a.m. and 9:00 p.m. prevailing time.
The logarithmic term used to express, in numerical units, the relative level (the loudness) of sound pressure intensity as perceived by the human ear. The difference in decibels of two sounds is 10 times the common logarithmic of the ratio of their power levels, so that a doubling of any sound energy produces a rise of three dB, and a rise of 10 dB represents a sound energy increase of 10 times.
Any public or private land whereon the source of generation and emission of a sound or sounds is permanently situated or temporarily located.
Any percussive or impact-type sound lasting two seconds or less which exceeds the ambient sound within an area of six dB or more.
The intensity of sound as perceived by the average unaided human ear, which is approximated by an A-weighted frequency response (dBA) scale measurement made with a sound-level meter meeting the requirements of this chapter.
The noted maximum root mean square (r.m.s.) sound-pressure level measured at a particular time and place using a sound-level meter which meets the requirements of this chapter.
That continuous period of time covering portions of any two consecutive days, which falls between the hours of 9:00 p.m., prevailing time, of the first day and 7:00 a.m., prevailing time, of the next succeeding day.
Any sound or combination of sounds which, due to its character, intensity and duration or the time and place of its emission and perception, is deemed to be so unpleasant, objectionable and disturbing as to unduly disrupt or unreasonably interfere with the peace, comfort and repose of any one or more persons.
Any person having a legal interest in real property or a lessee, tenant, manager or agent of such person, a mortgagee or receiver in possession of such property; and/or any person deemed to be an actual or presumptive lawful occupant of such property or any part or portion of the same.
Any public or private lands, including the buildings, structures, facilities and open spaces situated thereon, whereon the sound or sounds emitted from any generating land can be heard and detected by any person and where, when implicitly or expressly required by any provision of this chapter, the level of such sound(s) shall be measured to determine whether it (or they) comply with or exceed any limits or restriction imposed by this chapter.
The sound-pressure level, in decibels, as measured and obtained using a sound-level meter having an A-weighted frequency scale and employing the appropriate slow or fast response.
An instrument, designed and used to detect and measure sound-pressure levels in their decibel equivalents and to display that information in either analog or digital form, which meets or exceeds all ANSI specifications or any other standards imposed or required by the provisions of this chapter.
That which is not required by the usual circumstances, which is excessive or extreme when compared to the ordinary or which is singularly unreasonable in respect to the time, the place or the prevailing circumstances.
[1]
Editor's Note: This local law also superseded former § 55-3, Unreasonable noise prohibited.
[Added 5-1-2001 by L.L. No. 4-2001[1]]
A.
Sound measuring equipment. Enforcement of the provisions of this section shall be effected and any other provision of this chapter may be effected using a sound-level meter or its equivalent which meets or exceeds the requirements of ANSI § 1.4-1983, Type 2, standards and specifications, and which has a dynamic range and A-weighted frequency response (fast and slow) consistent with ANSI requirements for the measurements being taken. All sound-level meters meeting the foregoing requirements shall be calibrated on a regular periodic basis using a calibrator properly fitted to the instrument being employed, which is traceable to National Bureau of Standards criteria, and which has an accuracy of plus or minus 0.5 dB or better.
B.
Noise level standards. It shall be unlawful and a violation of this chapter for any person, including the owner or occupant of any generating land, to cause or allow or to permit, direct, employ or assist another to cause or allow any sound or sounds to be emitted which exceed the decibel levels for a designated land use category as set forth in the following tables, when measured at a point of complaint located either on or within the property lines of any particular receiving land of a type covered or described by that designated category:
Table I: Continuous Sound (Maximum Sound Level in dBA/Slow Response) | ||
|---|---|---|
Receiving Land Use Category* | Daytime (dB) | Nighttime (dB) |
All residential districts | 50 | 40 |
All business and commercial districts | 65 | 55 |
All industrial districts | 70 | 60 |
Table II: Impulsive Sound (Maximum Sound Level in dBA/ Fast Response)** | ||
|---|---|---|
Receiving Land Use Category | Daytime (dB) | Nighttime (dB) |
All residential districts | 60 | 50 |
All business and commercial districts | 75 | 60 |
All industrial districts | 90 | 70 |
Notes: |
|---|
*Category designations refer to the zoning districts as shown on the official Village Zoning and Planning Map adopted pursuant to the provisions of Chapter 99 of the Code of the Village of Floral Park. |
**The following adjustments in the maximum sound level of impulsive sound shall be made for each category when and if the stated circumstances shall apply: |
Repetitions per Hour | Deduct (dB) |
|---|---|
3 to 10 | 2 |
11 to 20 | 4 |
21 to 60 | 6 |
Over 60 | 8 |
C.
Adjustment of table sound levels for other conditions. In the event that the level of ambient sound detected and measured at a particular location shall exceed the applicable maximum sound level prescribed for that location under one of the tables in the preceding subsection, then the following maximum sound levels shall apply in lieu of the prescribed table level for and during the stated time of day:
(1)
For Table I: continuous sound which exceeds the ambient sound level by (10) dB or more during the daytime or by five dB or more during the nighttime.
(2)
For Table II: impulsive sound which exceeds the ambient sound level by 20 dB or more during the daytime or by 10 dB or more during the nighttime.
D.
Exceptions. None of the preceding provisions of this section shall apply to or constitute any legal restraint against the officers, employees or other lawful agents of any federal, state or local government or any agency, bureau, department, board or commission thereof, when carrying on or performing any governmental operation, activity, function or duty of any nature or kind or while engaged in or assisting in any emergency work or operations; nor shall the same apply to nor be deemed to constrain any public utility when reasonably carrying out the operations of its franchise.
A.
No person shall sound any horn, siren or other noise-making signal except to signal danger, nor shall be or she repeat such sounding for any longer than necessary for the purpose of giving warning.
No person shall operate a motor vehicle, lawn mower, leaf blower, chain saw or other landscaping equipment or any internal combustion engine without a muffler properly maintained to reduce noise to the absolute minimum.
A.
No person shall use or operate any tractor, earthmoving machine, pavement breaker, crane, bulldozer, backhoe, payloader, air compressor, chain saw, chipper or other tree-removal equipment, stump grinder or machinery or any equipment for soil excavation, maintenance, construction, demolition, alteration or repair work or any other construction work, except between the hours of 8:00 a.m. and 7:00 p.m. on Mondays through Saturdays.
B.
Any such equipment so used shall be in good working condition and equipped with a muffler properly maintained to reduce noise to the absolute minimum.
C.
The provisions of Subsection A of this section do not apply to interior alteration and repair work done only within an entirely enclosed building.
D.
In the event of an emergency, the Superintendent of Public Works, Mayor or the Commissioner of Police or his designated representative may grant an exemption from the provisions of Subsection A of this section. The permit should be written, but may be oral if the emergency is too urgent to permit time to be taken for preparation of a written permit. If the permit is oral, the Superintendent of Public Works or the Mayor must make a written copy of the permit as soon as he practically can and deliver copies to the permittee and the Village Clerk. The Superintendent of Public Works or the Mayor shall file a copy of every written permit issued under this subsection with the Village Clerk and the Commissioner of Police and deliver a copy to the permittee. Every permit issued under this subsection shall have a duration no longer than the emergency impelling its issuance.
E.
This section shall not apply to any construction equipment owned or operated by the village.
Landscaping functions may be performed by landscapers only during the hours of 8:00 a.m. through 7:00 p.m., unless otherwise permitted by the Commissioner of Police or the Mayor, in writing.
[Amended 5-4-1999 by L.L. No. 2-1999]
Any person, firm or corporation who violates any section of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed $350 for a first violation, and for a fine not to exceed $500 for a second violation, and for a fine not to exceed $1,000 for a third or succeeding violation.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the 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 of this chapter that shall be directly involved in the controversy in which such judgment shall have been rendered.