[HISTORY: Adopted by the Board of Trustees
of the Village of Old Westbury as indicated in article histores. Amendments
noted where applicable.]
[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:
Includes:
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.
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]
