Chapter 78
NOISE
[HISTORY: Adopted
by the Board of Trustees 5-3-2004 by L.L. No. 1-2004. Amendments noted where
applicable.]
§ 78-1. Definitions.
As used in this chapter,
the following terms shall have the meanings indicated:
ANIMAL — Any dog, cat,
bird, chicken, rooster, cow, sheep, horse or any other livestock or animal.
COMMERCIAL LANDSCAPER —
Any commercial gardener, landscaper, tree surgeon or other individual involved
in lawn or ground maintenance business.
CONSTRUCTION MACHINERY —
Any tractor, bulldozer, backhoe, earthmoving machine, cement mixer, crane or
other similar construction machinery.
LANDSCAPING EQUIPMENT —
Any powered leaf blower, mower, chain saw, grinder, trimmer or other
internal-combustion engine apparatus or landscaping equipment used for lawn or
ground maintenance.
LOUDSPEAKER — Any radio or
television set, musical instrument, phonograph, loudspeaker, sound amplifier or
other machine or device for the producing or reproducing of sound.
MOTOR VEHICLE — Any
vehicle capable of being operated or driven upon a public highway which is
propelled by any power other than muscular power, except electrically driven
mobility assistance devices operated or driven by a person with a disability,
fire and police vehicles, ambulances and other emergency vehicles. "Motor
vehicle" shall exclude farm-type tractors and vehicles used exclusively
for agricultural purposes, or ground maintenance, other than for hire.
NOISEMAKING DEVICE — Any
device of any design or manufacture that is designed to create unreasonable
noise or designed for the purpose of scaring, frightening or disturbing a
domestic animal or wildlife.
RECREATIONAL VEHICLE — Any
self-propelled vehicle which is primarily for off-highway operation or
competitions and only incidentally operated on a public highway, such as, but
not limited to, a go-cart, all-terrain vehicle, unlicensed motorcycle,
motorbike or snowmobile.
UNREASONABLE NOISE — Any
loud, unnecessary, unusual or annoying, intermittent or prolonged noise which
annoys, destroys, injures or endangers the comfort, repose, health, peace or
safety of a reasonable person of normal sensitivity. Factors to be considered
in determining whether a sound is an unreasonable noise may include, but are
not limited to, the following:
A. The volume, intensity and nature of the noise.
B. The volume and intensity of the background noise, if any.
C. The time of day and duration of the noise.
VILLAGE — The Incorporated
Village of Plandome Heights and all territory within its boundaries.
§ 78-2. Unreasonable noise prohibited.
No person shall make or
cause to be made or continued, nor shall any owner, lessee or occupant of any
land in the Village permit to be made or continued on his premises, any
unreasonable noise within the Village.
§ 78-3. Acts which constitute unreasonable noise.
Without limiting the
provision of § 78-2, the following acts are expressly declared to be
unreasonable noise in violation of this chapter:
A. Horn and signaling device. The sounding of any horn or signaling
device on any boat, motor vehicle or recreational vehicle, except as a danger
or warning signal.
B. Loudspeaker for advertising or broadcasting. The playing, using
or operating, or permitting to be played, used or operated, of any loudspeaker
on the public street, public waterway or other public places for the purpose of
advertising or broadcasting which is heard on private property, unless a permit
therefor shall have been issued by the Board of Trustees.
C. Unnecessary amplification. The playing, using or operating, or
permitting to be played, used or operated, of any loudspeaker at a volume level
sufficient to cause the sound produced or reproduced to be audible at a point
10 feet beyond the property boundary line of the property from which the sound
is produced or reproduced.
D. Animal.
(1) The keeping or allowing to be kept of any animal outdoors between
the hours of 9:00 p.m. and 8:00 a.m. of the following morning which causes
unreasonable noise.
(2) The keeping or allowing to be kept of any animal which creates or
causes unreasonable noise at any time that is continuous for a period exceeding
30 minutes in duration.
E. Exhaust. The discharge of the exhaust of any
internal-combustion engine, without a muffler or other device which will
effectively prevent unreasonable noises emanating therefrom.
F. Noisemaking device. The using, operating, discharging,
installing or causing to be used, operated, discharged or installed of any
noisemaking device.
G. Construction and operation of construction machinery. The
construction, demolition, alteration or repair of any building and the
operation of construction machinery at any time on Sunday and federal holidays,
and for all other days contrary to the provisions of Chapter 72, Landscaping
and Construction Contractors, except pursuant to a permit issued by the
Building Inspector or the Mayor in an emergency situation. Nothing herein shall
be construed to prohibit minor alteration to a building which is entirely
enclosed. The operation of a generator for emergency purposes shall not be prohibited
under any provision of this chapter.
H. Commercial landscaper. The use of any landscaping equipment by
commercial landscapers at any time on Sunday and federal holidays, and for all
other days contrary to the provisions of Chapter 72, Landscaping and
Construction Contractors, unless pursuant to a permit issued by the Mayor.
I. Alarm. A burglar alarm or other alarm system of any building,
motor vehicle, recreational vehicle or boat which is continuous and exceeds 15
minutes in duration.
J. Tire. The intentional use and operation of a motor vehicle or
recreational vehicle in such a manner as to cause excessive squealing or other
excessive noise of the tires.
K. Recreational vehicle.
(1) The continuous use or operation of any recreational vehicle on
private or public property for a period exceeding 30 minutes.
(2) The use or operation of any recreational vehicle on private or
public property at any time on Sunday and Federal legal holidays, and for all
other days between the hours of 6:00 p.m. and 8:00 a.m. the following morning,
unless pursuant to a permit issued by the Board of Trustees.
L. Noise standards.
(1) No person shall create, emit or issue, nor cause or suffer to be
created, emitted or issued, any noises or sounds on property from which such
noises or sounds may be heard on the property of another, as may unreasonably
annoy, disturb or otherwise disrupt the quiet, comfort or repose of persons in
any dwelling or place of temporary or permanent residence within the Village. The
violation hereof shall constitute a nuisance.
(2) No person shall create or cause to be emitted any noise which,
when measured at any or beyond any lot line of the property on which such noise
is being generated in a residential district, exceeds the following standards:
(a) From 8:00 a.m. to 6:00 p.m.:
[1] Airborne sounds in excess of 65 dBA's; or
[2] Airborne sound which has an octave band sound pressure level in
decibels which exceeds the values listed in 1 or more octave bands:
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(b) From 6:00 p.m. to 8:00 a.m.:
[1] Airborne sound which has a sound level in excess of 50 dBA's; or
[2] Airborne sound which has an octave band sound pressure level
which exceeds the values listed below in 1 or more octave bands:
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(3) No person shall create or cause to be emitted any noise which,
when measured at or beyond any lot line of the property on which such noise is
being generated in a commercial district, exceeds the following standards:
(a) From 8:00 a.m. to 6:00 p.m.:
[1] Airborne noise in excess of 70 dBA's; or
[2] Airborne sound which has an octave band sound pressure level in
decibels which exceeds the value listed below in 1 or more bands:
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(b) From 6:00 p.m. to 8:00 a.m.:
[1] Airborne noise in excess of 55 dBA's; or
[2] Airborne sound which has an octave band sound pressure level in
decibels which exceeds the value listed below in 1 or more bands:
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§ 78-4. Enforcement.
Upon receipt of a
complaint, the Police Department, Building Inspector or Village representative
shall conduct an investigation to determine if there is a probable violation of
the provisions of this chapter. For the first occurrence, in lieu of issuing an
appearance ticket, an appropriate warning may be issued to the violator to
cease and desist from continuing such noise.
§ 78-5. Penalties for offenses.
Any person found guilty of a violation of this chapter shall be punishable as set forth in Chapter 1, General Provisions, Article III, General Penalty.