[HISTORY: Adopted by the Board of Trustees
of the Village of Head-of-the-Harbor 11-17-1990 as L.L. No. 5-1990. Amendments noted where applicable.]
No person shall cause or permit a noise disturbance
or an animal noise disturbance.
The terms used in this chapter are defined as
follows:
The sound of a dog barking or other animal noise for more
than fifteen (15) minutes in a one-hour interval.
The sound-pressure level in decibels, measured on a sound-level
meter, using the A-weighting network's slow response [dB(A)].
A unit for measuring the pressure level of a sound, one-tenth
(1/10) of a bell.
Action to deliver essential services, including but not limited
to repair of water, gas, electric, telephone and sewer facilities
and public transportation, removing trees, snow, ice and other obstacles
on roads and dealing with life- or health-threatening conditions.
Sound that endangers the health or safety of a person or
disturbs a person of normal sensitivities or endangers personal or
real property.
When measured in decibels, twenty (20) times the logarithm
to base 10 of the ratio of the effective pressure of the sound measured
to the standard reference pressure of a sound.
It shall be presumed that a sound anywhere in
the Village that exceeds the following A-weighted sound pressure levels
is a noise disturbance: from 7:00 a.m. to 10:00 p.m., forty-five (45)
dB(A), and from 10:00 p.m. to 7:00 a.m., forty (40) dB(A).
The places at which sound levels shall be measured
are:
A.
For private property, if the owner of the property
or a person who is on the property with the owner's permission causes
the sound, any boundary of the property.
B.
For public property, fifty (50) feet from the source
or at the nearest boundary of the public property, whichever is closer
to the source.
C.
For private property, if the person who causes the
sound is not the owner of the property or a person who is on the property
with the owner's permission, 50 feet from the source or the nearest
boundary of the property, whichever is closer.
Noises from the following sources are exempt
under this chapter to the extent indicated:
A.
Domestic power tools, lawn mowers and agricultural
equipment when operated with a muffler between 8:00 a.m. and 8:00
p.m. on weekdays and from 9:00 a.m. to 5:00 p.m. on weekends and holidays,
provided that they are not being operated for recreational purposes
and produce no more than 85 dB(A) at a distance of 50 feet from the
source, and provided further that such operation not exceed four hours
on any weekend day or holiday, and provided further any such four
hours on a Sunday shall be limited to between 11:00 a.m. and 3:00
p.m.
[Amended 3-16-2005 by L.L. No. 6-2005; 12-16-2009 by L.L. No.
6-2009]
B.
Bells and chimes as part of a religious observance
or service or as a call to service.
C.
Construction activity between the hours of 8:00 a.m.
and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends
and holidays.
D.
Snowblowers, snowthrowers and snowplows operated with
a muffler.
E.
Emergency work and emergency signal devices operated
by a public utility, fire department, government agency or ambulance.
F.
Burglar alarms, provided that the alarm terminates
after 15 minutes and does not operate more than 15 minutes in a one-hour
interval.
Any person or corporation who or which violates
this chapter by causing or permitting a noise disturbance or an animal
noise disturbance shall be subject to a fine of up to $250 or imprisonment
for up to 15 days, or both.
