[HISTORY: Adopted by the Village Board of
the Village of Port Chester 5-31-2000 by L.L. No. 6-2000. This local law also
repealed former Ch. 224, Noise, adopted 6-20-1966, as amended. Amendments noted
where applicable.]
The making and creating of disturbing, excessive
or offensive noises within the Village of Port Chester is a condition
which has persisted, and the level and frequency of such noises continues
to increase. These noise levels are a detriment to the public health,
comfort, convenience, safety and welfare of residents. The Board of
Trustees hereby finds and declares that every person is entitled to
an environment in which disturbing, excessive or offensive noise is
not detrimental to his or her life, health or enjoyment of property.
The law is to be construed liberally, but it is not intended to be
construed so as to discourage the enjoyment by residents of normal,
reasonable and usual activities.
A.
No person, with the intent to cause public inconvenience,
annoyance or alarm, or recklessly creating a risk thereof, shall cause,
suffer, allow or permit to be made unreasonable noise. For purposes
of this chapter, "unreasonable noise" is any disturbing, excessive
or offensive sound that disturbs a reasonable person of normal sensitivities.
B.
The general standards to be considered in determining
whether such noise exists include, but are not limited to, the following:
(1)
The volume of the noise.
(2)
The intensity of the noise.
(3)
Whether the nature of the noise is usual or unusual.
(4)
Whether the origin of the noise is natural or unnatural.
(5)
The volume and intensity of the background noise,
if any.
(6)
The proximity of the noise to parks or other public
places, hospitals, nursing homes, day-care centers or schools, and
houses of worship.
(7)
The nature and the zoning district of the area within
which the noise emanates.
(8)
The time of day or night the noise occurs.
(9)
The duration of the noise.
(10)
Whether the sound source is temporary.
(11)
Whether the noise is continuous or impulsive.
(12)
The presence of discrete tones.
C.
The following acts are declared to be prima facie
evidence of a violation of this chapter. This enumeration shall not
be deemed exclusive.
(1)
Any unnecessary noise from any source between the
hours of 11:00 p.m. and 8:00 a.m. the following day.
(2)
Barking, whining, howling or other noise from a dog
or other animal that is continuous and exceeds 15 minutes such that
it can be heard at least a distance of 50 feet from where said noise
emanates. For the purpose of this subsection, "continuous" shall mean
constant and without any period of silence which exceeds 30 seconds.
(3)
Noise from a burglar alarm or other alarm system of
any building, motor vehicle or boat which is continuous and exceeds
15 minutes.
(4)
Noise from any sound reproduction system, operating
or playing any radio, portable radio, boom box, television, tape deck
or similar device, that reproduces and amplifies sound in a public
park.
(5)
Construction work, including but not limited to building, repairing or alteration, excavation, leveling, tree removal or trimming and other site work between the hours of 8:00 p.m. and 8:00 a.m. the following day on weekdays, and between the hours of 7:00 p.m. and 10:00 a.m. the following day on weekends and legal holidays, except in the event of an emergency creating danger to person or property on notice and proper proof to the Building Inspector or the General Foreman, as the case may be, or upon waiver by the Board of Trustees as prescribed by § 224-3.1.
[Amended 3-21-2011 by L.L. No. 6-2011]
(6)
The operation of power equipment in residential zones
outdoors between the hours of 8:00 p.m. and 8:00 a.m. the following
day on weekdays, and between the hours of 7:00 p.m. and 10:00 a.m.
the following day on weekends and legal holidays.
(7)
The sounding of any horn or other signaling device
of a motor vehicle for any unnecessary or unreasonable period of time.
(8)
The making of improper noise or disturbance or operating
a motor vehicle in such a manner as to cause excessive squealing or
other excessive noise of the tires.
(9)
Offering for sale anything by shouting or outcrying
upon the public streets, sidewalks, public ways or parks.
(10)
The operation of gardening equipment powered
by internal combustion engines or electricity, including but not limited
to lawn mowers and leafblowers, without a properly functioning muffler.
(11)
The operation of gardening equipment powered
by internal combustion engines or electricity, including but not limited
to lawn mowers and leafblowers, except during the period of April
15 and November 15, inclusive, and between the hours of 8:00 a.m.
and 8:00 p.m. on weekdays and other than between 10:00 a.m. and 7:00
p.m. on weekends and legal holidays in said period.
(12)
Noise from any sound reproduction system, operating
or playing any radio, portable radio, television, tape deck or other
similar device, that reproduces and amplifies sound in such a manner
as to be heard 60 feet from its source or over any property line.
[Amended 4-16-2001 by L.L. No. 7-2001; 10-5-2020 by L.L. No. 10-2020]
The provisions of this chapter shall not apply
to the following acts:
A.
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
B.
Noise from municipal activities.
C.
Noise from individually sponsored events where a permit
for public assembly or other relevant permission has been obtained
from the Village that includes a waiver of these requirements.
D.
The operation or use of ay organ, bell or chimes by
a place of worship, provided that such operation or use does not occur
before the hours of 10:00 p.m. and 8:00 a.m.
E.
Noise from the operation of a snowblower, plow or
other equipment or vehicle used to remove snow and/or ice.
[Added 3-21-2011 by L.L. No. 6-2011; amended 5-20-2020 by L.L. No. 5-2020]
A.
The time limitations of § 224-2C(5) of this chapter may be waived by the Board of Trustees on the grounds of exceptional circumstances; provided, however, that no such waiver shall be granted unless the Board finds the following:
(1)
The subject property is located in the CD-5, CD-5W, CD-6, or
CD-6T District;
[Amended 1-19-2021 by L.L. No. 6-2021]
(2)
The party seeking the waiver will suffer a hardship unless the
waiver is granted;
(3)
The granting of a waiver will not cause a substantial or undue
adverse impact upon adjacent property or upon the public health, safety
and welfare;
(4)
The activity, operation, or noise will be temporary in duration;
and
(5)
There are no reasonable alternatives available to the party.
B.
The Board of Trustees may enlarge or reduce the said time limitations
so as to grant the minimum waiver that is necessary. The Board shall
attach to such waiver all conditions deemed necessary to protect the
public health, safety or welfare. Failure to abide by all such conditions
shall be grounds for summary revocation of such grant of waiver.
C.
Applications for a waiver shall be submitted to the Village Clerk
at least 10 days prior to a meeting of the Board of Trustees considering
the waiver, together with proof of:
(1)
Prior written notice on the property owners within 150 feet
of the property by presenting either a signed acknowledgment or a
return receipt of the certified mail; and
(2)
Posting of a sign, at least three feet by four feet in size,
prominently placed on the property at or about the front property
line.
[Amended 10-5-2020 by L.L. No. 10-2020]
A.
Any person
who violates any provision of this chapter shall be subject to the
following penalties:
(1)
For
the first conviction: a fine not less than $250 nor more than $500.
(2)
For
the second conviction within one year of the first conviction: a fine
not less than $500 nor more than $750.
(3)
For
the third or subsequent conviction within one year of the first conviction:
a fine not less than $750 nor more than $1,000.
B.
With the
authorization of the Village Manager, the Village Attorney shall commence
the appropriate action or proceeding to prevent the continued violation
of this chapter.
If any word, phrase or part of this chapter
shall be declared unconstitutional, the same shall be severed and
separated from the remainder of this chapter, and said remainder shall
continue in full force and effect.
