Village of Old Westbury, 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 Westbury as indicated in article histores. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising — See Ch. 58.
Alarms — See Ch. 61.
Animals — See Ch. 64.
Explosives — See Ch. 100.
Firearms — See Ch. 106.
Fireworks — See Ch. 111.
Landscaping — See Ch. 128.
Nuisances — See Ch. 139.
Peace and good order — See Ch. 147.
Zoning — See Ch. 216.
[Adopted 10-4-1937 as Ch. 1, Art. VI, of the General Ordinances; amended 9-17-1984 by L.L. No. 12-1984]
Every motor vehicle propelled by an internal-combustion engine, when such vehicle is on any street, road, avenue, alley, park, parkway or other public place in the Village of Old Westbury, shall, when such engine is running, be equipped with a muffler or silencer through which all of the exhaust gases from the engine will escape into the atmosphere. It shall be unlawful for the operator and driver of any motor vehicle to use any cutout or other apparatus or a device which will allow the exhaust gases to escape into the atmosphere without passing through a suitable muffler or silencer as described above.
Any person violating any provision of this article shall pay a penalty of not more than $250, and in addition thereto, such violation shall constitute and is hereby declared to be disorderly conduct, and any person violating the same shall be and is hereby declared to be a disorderly person.
[Adopted 10-21-1985 by L.L. No. 8-1985]
The Board of Trustees of the Incorporated Village of Old Westbury finds and declares that:
A. 
Any noise, the type and/or volume of which is intolerable to a reasonable person, is detrimental to the public health, comfort, convenience, safety, peace and repose of the residents of the Village.
B. 
The restrictions and prohibitions contained in this article are necessary and appropriate for the protection of the environment of the Village and for the safety, health and well-being of its residents.
As used in this article, the following terms shall have the meanings indicated:
MOTOR VEHICLE
Includes:
A. 
Every vehicle, including farm equipment, capable of being operated or driven upon a public highway other than by muscular power alone.
B. 
A snowmobile.
C. 
An off-highway motor vehicle.
D. 
Any other power-driven vehicle or device.
VILLAGE
The Incorporated Village of Old Westbury and all territory within its boundaries.
A. 
It shall be unlawful for any person to make, or cause to be made, any noise of a type or volume, or both, so as to be intolerable to a reasonable person.
B. 
It shall be unlawful for any owner, lessee or occupant of land to permit any person on the premises to make any noise, or cause to be made, any noise, which is of a type or volume, or both, so as to be intolerable to a reasonable person.
A. 
No person shall sound any horn, siren or other noisemaking signal except to signal danger, nor shall be or she repeat such sounding for any longer than necessary for the purpose of giving warning.
B. 
The provisions of Subsection A of this section do not apply to police cars, fire engines, ambulances or emergency vehicles.
A. 
No person shall use sound amplifiers or loudspeakers at a volume which would be intolerable to a reasonable person.
B. 
No loudspeakers, sound amplifiers, radios, tape players or other devices which project sound shall be located on the premises if the sound is projected beyond the property line.
No person shall keep any animal in the Village which makes noise so loud or continuous, or both, that the noise is intolerable to a reasonable person.
No person shall operate a motor vehicle, lawn mower, leaf blower, chain saw or other landscaping equipment, or any internal-combustion engine without a muffler properly maintained to reduce noise to the absolute minimum.
No person shall use or operate any noisemaking device to frighten horses or other domestic animals.
[Amended 6-19-2017 by L.L. No. 6-2017]
A. 
No person shall use or operate any tractor, earthmoving machine, crane, machinery or any equipment for soil excavation, maintenance, construction, demolition, alteration or repair work or any other construction work except between the hours of 8:00 a.m. and 5:00 p.m. on Mondays through Fridays, excluding any federal holiday.
B. 
Any such equipment so used shall be in good working condition and shall be equipped with a muffler properly maintained to reduce noise to the absolute minimum.
C. 
The provisions of Subsection A of this section do not apply to interior alteration and repair work done only within an entirely enclosed building.
D. 
In the event of an emergency, the Building Inspector, Mayor or the Chief of Police or his designated representative may grant an exemption from the provisions of Subsection A of this section. The permit should be written, but may be oral if the emergency is too urgent to permit time to be taken for preparation of a written permit. If the permit is oral, the Building Inspector or the Mayor must make a written copy of the permit as soon as he practically can and deliver copies to the permittee and the Village Clerk. The Building Inspector or the Mayor shall file a copy of every written permit issued under this subsection with the Village Clerk and the Chief of Police and deliver a copy to the permittee. Every permit issued under this subsection shall have a duration no longer than the emergency impelling its issuance.
[Amended 6-19-2017 by L.L. No. 6-2017]
Landscaping functions may be performed by landscapers only during the hours of 8:00 a.m. through 5:00 p.m., Monday through Friday, and 9:00 a.m. through 5:00 p.m. on Saturday, excluding any federal holiday, unless otherwise permitted by the Chief of Police or the Mayor in writing.
There shall be no deliveries or pickups by service vehicles, such as garbage vehicles, before 8:00 a.m. or after 5:00 p.m. on any day.
[Amended 6-19-2017 by L.L. No. 6-2017]
A. 
The Board of Trustees may commence actions to enjoin violations of this article.
B. 
Each and every violation of any provision of this article is punishable by a fine of not less than $500 nor more than $10,000. Each day during which a violation continues shall constitute a separate offense.