[HISTORY: Adopted by the Board of Trustees
of the Village of Mount Kisco 4-5-1999 by L.L. No. 3-1999; amended in its entirety 10-18-2021 by L.L. No.
3-2021 . Amendments noted where applicable.]
This chapter shall be known as the "Village
of Mount Kisco Noise Control Law."
The making and creating of unreasonably disturbing,
excessive or offensive noises within the Village/Town of Mount Kisco
(the "Village") is a condition which has persisted, and the level
and frequency of occurrences of such noises continue to increase.
These noise levels are a detriment to the public health, comfort,
convenience, safety and welfare of the citizens. Every person is entitled
to an environment in which unreasonably disturbing, excessive or offensive
noise is not detrimental to his or her life, health or enjoyment of
property. This chapter is to be construed literally, but it is not
intended to be construed so as to discourage the enjoyment by residents
of normal, reasonable and usual activities.
The following acts are declared to be prima facie evidence of
a violation of this chapter. This enumeration shall not be deemed
exclusive.
A.Â
Any unreasonably loud or disturbing noise from any source that can
be heard from within an adjoining property between the hours of 10::00
p.m. and 7:00 a.m. the following day or 11:00 p.m. and 9:00 a.m. the
following day if such following day is a Sunday or United States government
holiday.
B.Â
The generation of noise from equipment used in the construction,
including excavation or filling, demolition, alteration or repair
of any building between the hours of 8:00 p.m. and 8:00 a.m. the following
day, or 9:00 a.m. the following day if such following day is a Sunday
or legal holiday.
C.Â
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine or device, air compressor, motorcycle
engine, motor vehicle engine or any other nonelectrical mechanical
device, except through a muffler or other device which effectively
prevents loud, unusual or explosive noise.
D.Â
The making of deliveries of supplies or merchandise except between
the hours of 7:00 a.m. and 11:00 p.m. unless such deliveries do not
disturb the comfort or repose of persons in the vicinity.
Any person who violates any provision of this article shall be guilty of a Class III violation and shall be subject to the punishment set forth in § 1-17C of the Code. Both the owner and the operator of any instrumentality used in violation of this chapter shall be deemed violators thereof. The Village may also seek injunctive relief to prevent the continued violation of this chapter.
The Village finds that the reduction of noise, emissions of
gases, the blowing of dust particles and other airborne pollutants
into the air and onto other nearby properties from the use of gas
powered leaf blowers is a public concern that affects the public health,
safety, comfort, welfare and environment of the Village/Town of Mount
Kisco and its residents. This article is enacted to protect the Village/Town
and its residents from such negative impacts while not unduly curtailing
normal, reasonable and usual activities
As used in this chapter, the following terms shall have the
meanings indicated:
Any day designated as a federal holiday in a calendar year
by the United States Office of Personnel Management in accordance
with United States Code or Executive Order, but shall not include
Inauguration Day.
Any gasoline or diesel-powered portable, handheld, wheeled,
or backpack-style leaf-blowing devices powered by fuel used for the
purpose of blowing, moving, removing, dispersing, vacuuming or redistributing
leaves, dust, dirt, grass clippings, cuttings, and trimmings from
trees and shrubs or any other type of litter or debris.
A two-cycle internal combustion engine that completes a power
cycle with two strokes (up and down movements) of the piston during
only one crankshaft revolution, using a combination of gasoline or
diesel and oil to operate.
Notwithstanding any other provision of the Village Code, the
following limitations shall apply to the use of gas-powered leaf blowers
within the Village/Town of Mount Kisco effective January 1, 2024
A.Â
From May 1 until September 15, the operation of gas-powered leaf
blowers is prohibited.
C.Â
Notwithstanding the immediately preceding Subsection B, gas-powered leaf blowers may be used by individual residential homeowners and tenants for their own property as follows:
D.Â
Not more than two gas-powered leaf blowers shall be used simultaneously
on any one property that is three acres or less in size. Not more
than three leaf blowers shall be used simultaneously on any one property
that is greater than three acres in size.
E.Â
No two-stroke gas powered leaf blowers shall be used after January
1, 2027, and only those two-stroke gas powered blowers purchased prior
to January 1, 2022, may be used until January 1, 2027.
Upon the effective date of this article, the use of gas-powered leaf blowers shall not be subject to the noise restrictions or limitations set forth in Article I of this chapter.
The limitations set forth in § 77-7 shall not apply to gas-powered leaf blowers used to clean up after major storms or other emergencies as determined by the Village Manager. In such an event, gas-powered leaf blowers are exempt from the provisions of this chapter for the purpose of cleaning up for a period not to exceed seven days from the end of the storm or other emergency, except for municipal operations and where the Village Manager approves additional time for cleanup in response to a major storm or other emergency.
Notwithstanding any other provision of the Village Code, the Village's use of gas-powered leaf blowers is subject to the limitations set forth in § 77-7, except that the Village/Town shall be exempt from the limitations set forth therein for the following purposes:
A.Â
Moving leaves or yard debris to and from streets for the purpose
of Village/Town leaf collection, in those areas where the Village/Town
collects leaves, from October 15 through December 31; and
This article shall be equally applicable to, and enforceable
against, both property owners and third-party landscapers. Commercial
landscapers and other commercial home improvement companies using
gas-powered leaf blowers must comply with all local, county, state,
and federal laws, including, but not limited to, Westchester County
Code §§ 863.314 and 863.327 relating to regulation
of gas-powered leaf blowers and satisfaction of EPA Phase 2, 2007,
exhaust emission standards, and must maintain all required state and
county licenses and maintain proper vehicle and equipment decals.
The provisions of this chapter shall be enforced by the Village/Town
of Mount Kisco Building Department and Village/Town of Mount Kisco
Code Enforcement Officers, the police agency contracted with the Village
for the provision of police services, or other officials designated
by the Village Board.
Any person who violates any provision of this article shall be guilty of a Class III violation and shall be subject to the punishment set forth in § 1-17C of the Code for a first offense against this article. Any person who violates any provision of this article such that the violation is a second offense of this article shall be guilty of a Class II violation and shall be subject to the punishment set forth in § 1-17B of the Code. Any person who violates any provision of this article such that the violation is a third offense or in excess of a third offense of this article shall be guilty of a Class I violation and shall be subject to the punishment set forth in § 1-17A of the Code. Both the property owner and the owner of any commercial landscaping entity or property management firm, but not any individual employee of any commercial landscaping entity or property management firm, utilizing any instrumentality in violation of this chapter shall be deemed violators thereof. The Village may also seek injunctive relief to prevent the continued violation of this chapter.
This article shall become effective January I, 2022.
