Village of Old Brookville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Old Brookville 5-18-2015 by L.L. No. 1-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 35.
Public conduct — See Ch. 220.

§ 185-1 Title.

This chapter shall be known and cited as the "Noise Control Code for the Incorporated Village of Old Brookville."

§ 185-2 Findings and policy.

A. 
Excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life.
B. 
A substantial body of science and technology exists by which excessive sound may be substantially abated.
C. 
The people have a right to, and should be ensured of, an environment free from excessive sound.
D. 
It is the intent and purpose of this chapter to provide for and ensure that unnecessary, harmful, annoying, loud and inappropriate noise shall not disturb the tranquility of the Village and the enjoyment thereof by the residents or businesses within the Village.

§ 185-3 Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
CEO
The Code Enforcement Officer of the Village of Old Brookville.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration or similar action of buildings or structures.
DEMOLITION
Any dismantling, destruction or removal of buildings, structures, or roadways.
EMERGENCY WORK
Any work or action necessary at the site of an emergency to restore or deliver essential services including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, dredging navigational waterways, or abating life-threatening conditions or a state of emergency declared by a governing agency.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal power on land.
MUFFLER
A properly functioning sound-dissipative device or system for abating the sound on engines or equipment where such device is part of the normal configuration of the equipment.
NOV
A notice of violation.
PLAINLY AUDIBLE
Any sound that can be detected by the CEO or other person using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The CEO or other person need not determine the title, specific words, or the artist performing the song.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a nongovernmental entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
REAL PROPERTY LINE
The vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property.
SOUND PRODUCTION DEVICE
Any device whose primary function is the production of sound, including but not limited to any musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment.
SOUND-REDUCTION DEVICE
Any device, such as a muffler, baffle, shroud, jacket, enclosure, isolator, or dampener provided by the manufacturer with the equipment, or that is otherwise required, that mitigates the sound emissions of the equipment.
UNREASONABLE NOISE
Any loud, unnecessary, unusual or annoying, intermittent or prolonged noise which annoys, destroys, injures or endangers the comfort, peace, repose, health or safety of a reasonable person of normal sensitivities. 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.
WEEKDAY
Any day that is not a federal holiday, and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKENDS
Beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.

§ 185-4 Applicability.

A. 
This chapter applies to sound emanating from or received at any property within the Village.
B. 
Sound from stationary emergency signaling devices shall be regulated in accordance with applicable law, except that the testing of the electromechanical functioning of a stationary emergency signaling device shall not meet or exceed 10 seconds.

§ 185-5 Enforcement officers.

The CEO and/or the police shall have the authority to investigate suspected violations of any section of this chapter and pursue enforcement activities. For a first occurrence, in lieu of issuing an appearance ticket, the CEO or police officer may, in his or her discretion, issue an NOV to the violator to cease and desist from continuing such noise.

§ 185-6 Restricted uses and activities.

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. Without limiting the above, violations of the following provisions are expressly declared to be creating unreasonable noise within the Village.
A. 
Landscaping, construction and commercial activities:
(1) 
For residents other than emergency work, power tools, home maintenance tools, landscaping and/or yard maintenance equipment, or any other sound-producing equipment shall be used by or caused to be used by a resident or tenant only between the hours of 8:00 a.m. to 7:00 p.m. on weekdays, or between the hours of 9:00 a.m. and 2:00 p.m. on Saturdays, and not at all on Sundays and federal holidays, unless such activities do not produce any sound that can be heard beyond the real property line. All motorized equipment used in these activities shall be operated with a muffler and/or sound-reduction device.
(2) 
Commercial activity, other than emergency work, including but not limited to landscaping, excavating, construction, clearing, tree clearing and wood chipping, shall not be permitted on Saturdays, Sundays, and holidays, or any time on weekdays between the hours of 5:00 p.m. and 8:00 a.m. of the following day.
(3) 
No commercial delivery vehicles are permitted to idle more than 10 minutes between the hours of 10:00 p.m. to 7:00 a.m. weekdays nor at any time on weekends or federal holidays, except for emergencies as defined herein.
B. 
All interior and exterior burglar alarms of a building or motor vehicle must be activated in such a manner that the burglar alarm terminates its operation within five minutes for continuous airborne sound and 15 minutes for intermittent sound after it has been activated. If alarms are in compliance with such time frames, they shall not be deemed to create unreasonable noise.
C. 
Sound-production devices shall not be operated on private property or on a private right-of-way in such a manner as to be plainly audible at a point 10 feet beyond the real property line of the property from which the sound is produced or reproduced between the hours of 8:00 a.m. and 10:00 p.m., or plainly audible at such real property line between the hours of 10:00 p.m. and 8:00 a.m. Sound-production devices shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound, operated on a public space or public right-of-way, from such equipment shall not be plainly audible at a distance of 25 feet in any direction from the operator.
D. 
No property owner or tenant shall allow any domesticated or caged animal to create a unreasonable noise, or to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by the CEO or police. Prima facie evidence of a violation of this section shall include but not be limited to:
(1) 
Howling, yelping, barking, squawking, etc. of any domesticated or caged animal kept outdoors between the hours of 9:00 p.m. and 8:00 a.m., for any duration; or
(2) 
Howling, yelping, barking, squawking, etc. of any domesticated or caged animal at any time that is more or less loud and continuous for a period exceeding five minutes in duration.
E. 
No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, of any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of-way.
F. 
No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205.
G. 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at distance of 25 feet in any direction from the operator between the hours of 10:00 p.m. and 8:00 a.m.
H. 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m.
I. 
No person shall intentionally use or operate a motor vehicle in such a manner as to cause excessive squealing or other excessive noise of the tires.

§ 185-7 Enforcement.

A. 
Violation of any provision of this chapter shall be enforced by the CEO or the Police Department.
B. 
Any person who violates any provision of this chapter shall be subject to the fines and penalties under Chapter 1, § 1-3, as amended.

§ 185-8 Other remedies.

No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law.