Village of Suffern, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Suffern 7-26-1993 by L.L. No. 4-1993.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 69.
Dogs — See Ch. 122.
Peace and good order — See Ch. 197.
Peddling and soliciting — See Ch. 200.
Quarry and blasting — See Ch. 209.
[1]
Editor's Note: This local law also repealed former Ch. 175, Noise, adopted 2-24-1972, as amended in its entirety 3-12-1990 by L.L. No. 3-1990.

§ 175-1 Intent.

The Board of Trustees of the Village of Suffern hereby declares its intent to prevent unreasonably loud and disturbing noises as they are deemed to be detrimental to the life, health, welfare and good order of the people of the Village of Suffern. By this enactment the Board of Trustees tends to promote the health, safety, morale and welfare of the people of the Village of Suffern and, in the exercise of its police powers in this regard, the Board of Trustees hereby enact the following chapter. It is the intention of the Board of Trustees that this chapter be liberally construed so as to effectuate the purposes described in this section.

§ 175-2 Definitions.

In this chapter, the following words or phrases shall have the meanings indicated:
DOMESTIC ANIMAL
Animal of any type or species which which is owned, harbored or maintained by a person.
NOISE DISTURBANCE
That level of sound which, in each context described in § 175-1, either:
A. 
Annoys or disturbs a reasonable person of normal auditory sensitivities;
B. 
Is clearly audible outside the residential, real property boundary from which it originates;
C. 
Is loud, disturbing, unusual, unreasonable and unnecessary as well as audible outside the structure or the real property boundary from which it originates.
PERSON
An individual or a corporation.
REAL PROPERTY BOUNDARY
A line along the ground surface, and its vertical extension, which separates the real property owned or controlled by one person from that owned or controlled by another person, including intrabuilding real property divisions.
RESIDENTIAL AREA
An area designated for any residential use pursuant to the Zoning Law of the Village of Suffern,[1] or any area improved by a dwelling.
VIBRATION
An oscillatory motion of particles described by displacement, velocity or acceleration with respect to a given reference point.
WEEKDAY
Any Monday through Friday which is not a state or federal legal holiday.
[Amended 11-10-2014 by L.L. No. 9-2014]
[1]
Editor's Note: See Ch. 266, Zoning.

§ 175-3 Prohibited noises.

Each of the following is declared to constitute a violation of this section:
A. 
Amplified sound. The using, operating of or permitting to be used or operated any device for producing, reproducing or amplifying sound, including but not limited to a radio, tape player or television, in such a manner as to create a noise disturbance.
B. 
Horns and signaling devices. The sounding of any horn, signaling device or alarm (except as a danger warning pursuant to § 375 of the Vehicle and Traffic Law of the State of New York) which results in a harsh or loud sound or repetitive sounds for any unreasonable or unnecessary periods of time so as to create a noise disturbance.
C. 
Shouting and yelling. Shouting, yelling, singing, calling, hooting or whistling so as to create a noise disturbance.
D. 
Engines. The operation, including the stationary idling, of any engine, including but not limited to an automobile, truck, motorcycle, motorbike, motorboat or minibike engine so as to create a noise disturbance.
E. 
Heavy equipment. The operation of any pile driver, bulldozer, pneumatic hammer, grinder, noise or other construction equipment which creates a noise disturbance, except between 7:00 a.m. and 8:00 p.m. on weekdays and except in cases of urgent necessity in the interest of public safety.
F. 
Construction. Any construction, excavation, demolition, alteration or repair which creates a noise disturbance, except between 8:00 a.m. and 8:00 p.m. on weekdays and 10:00 a.m. and 8:00 p.m. on Saturdays and Sundays and except in cases of urgent necessity in the interest of public safety.
[Amended 11-10-2014 by L.L. No. 9-2014]
G. 
Domestic equipment. The operation of or permitting to be operated any power saw, drill, sander, router, lawn or garden device, leaf or domestic equipment so as to create a noise disturbance except between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 10:00 a.m. and 8:00 p.m. on Saturdays and Sundays.
[Amended 11-10-2014 by L.L. No. 9-2014]
H. 
Machinery. The operation of any machinery, equipment, pump, fan, air-conditioning apparatus or other mechanical device in such a manner as to create a noise disturbance.
I. 
Loading and unloading. The loading and unloading of any materials, equipment, garbage cans or the handling of bales, boxes, crates, containers or similar objects so as to create a noise disturbance.
J. 
Domestic animals. The howling, barking, squawking or other sounds of domestic animals which occurs so frequently or for such an unreasonable duration so as to create a noise disturbance.
K. 
Explosives, firearms and similar devices so as to create a noise disturbance.
L. 
Vibration. The operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual beyond the property where the source is located. 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.

§ 175-4 Presumptive evidence.

A. 
The use of any sound-producing, sound-reproducing or sound-amplifying device, machinery, domestic equipment, heavy equipment or engine so as to cause the sound produced thereby to be audible outside the building or beyond the boundary of the real-property where it originates between the hours of 10:00 p.m. and 7:00 a.m. the following day shall be prima facie evidence of a violation of this chapter.
B. 
Barking, squawking, whining, neighing or any other domestic animal sound which is audible at a point beyond the real property boundary from which such sound emanates and which continues for over 30 minutes between the hours of 10:00 p.m. and 7:00 a.m. shall be prima facie evidence of a violation of this chapter.

§ 175-5 Exceptions.

The following sounds shall not be deemed to be a violation of this chapter:
A. 
Sounds created by church bells or chimes.
B. 
Sounds created by any government agency by the use of public warning devices.
C. 
Sounds created by lawn mowers between the hours of 8:00 a.m. and 8:00 p.m. weekdays and 10:00 a.m. and 8:00 p.m. Saturdays and Sundays.
[Amended 11-10-2014 by L.L. No. 9-2014]
D. 
Sounds created by public utilities in carrying out the operation of their franchises.
E. 
Sounds connected with sporting events of any public or private school or authorized carnivals, fairs, exhibitions, parades, etc., allowed by permit of the Board of Trustees.
F. 
The use of loudspeakers in connection with voter registration projects and, within 30 days prior to an election, the use of loudspeakers in connection with election campaigns between 9:00 a.m. and 8:00 p.m., prevailing time.
G. 
Safety devices. Safety devices required to be operative on machinery or equipment.

§ 175-6 Enforcement.

This chapter shall be administered and enforced by the Police Department.

§ 175-7 Penalties for offenses.

Any person violating any of the provisions of this chapter shall be guilty of violation under the Penal Law and, upon conviction thereof, shall be punishable as provided in § 1-12 of Chapter 1, General Provisions.