Village of Nassau, NY Noise

It is the intention of the Village of Nassau to prevent unnecessary or unreasonably intrusive noise in the Village. The provisions enacted herein are for the purpose of preserving, protecting and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Village of Nassau and its inhabitants.

A.

No person shall cause, suffer, allow or permit to be made unreasonable noise. For the purposes of this chapter, "unreasonable noise" is any disturbing, excessive or offensive sound that disturbs a reasonable person of normal sensitivities.

B.

The following acts are declared to be prima facie evidence of a violation of this chapter. This list of acts shall not be deemed exclusive.

(1)

Any unnecessary noise from any sources which are of such character, intensity and duration as to be detrimental to the life or health of any individual, or contrary to public welfare, between the hours of 9:00 p.m. and 6:00 a.m. the following day.

(2)

The creation of loud or excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers on between the hours of 9:00 p.m. and 6:00 a.m. the following day.

(3)

The erection, including excavation, demolition, alteration or repair of any building other than between 7:00 a.m. and 9:00 p.m., except in the case of urgent necessity in the interest of public health and safety and with permit by Village of Nassau Code Enforcement Officer.

(4)

The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of public streets, parks, or places.

(5)

The use of any automobile, motorcycle and/or any such vehicle used for recreational purposes so out of repair or so loaded or operated in such a manner as to create loud and unnecessary noise; the making of improper noise or disturbance or operating an automobile, motorcycle or any such vehicle used for recreational purposes or any other purposes in such a manner as to cause excessive squealing or other excessive noise of the tires or loud exhaust systems.

(6)

The operation of power equipment (except the operation of snow removal equipment or emergency power equipment) between the hours of 9:00 p.m. and 6:00 a.m. the following day.

(7)

Noise from a burglar alarm or other alarm system of any building, motor vehicle or boat that is continuous and exceeds 15 minutes.

(8)

Noise from any sound-reproduction system; operating or playing any radio, portable radio, tape player, television, tape deck or similar device that reproduces or amplifies sound in such a manner as to be heard 40 feet from its source or over any property line from Sundays through Thursdays from 10:00 p.m. until 6:00 a.m. the following day and on Fridays and Saturdays from 11:00 p.m. until 7:00 a.m. the following day.

C.

Exceptions. The following sounds shall not be deemed to be a violation of this chapter:

(1)

Sounds created by church bells or chimes.

(2)

Sounds created by any government agency or by the use of public warning devices.

(3)

An event, such as a special function, wedding, birthday party, church function or other private or public gathering, when the sponsor or person holding such event has requested and obtained a permit in advance from the Code Enforcement Officer.

Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both. In the event of a second conviction for an offense occurring within one year of a previous offense for which a defendant has been convicted, the maximum penalty shall be a fine of $500 and 30 days in jail.

A notice of violation may be issued by an officer of the Nassau Village Police, or by the Nassau Village Code Enforcement Officer, either upon information and belief or by an affirmation made by a person having actual knowledge of the alleged offense.