[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.
[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.
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.
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.
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.
