Village of Great Neck Plaza, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza 8-15-1967 as Ord. Nos. 58 and 59. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 73.
Parks — See Ch. 153.
Zoning — See Ch. 225.

§ 145-1 Title.

This chapter shall be known and may be cited as the "Unnecessary Noise Ordinance of the Village of Great Neck Plaza."

§ 145-2 Definitions.

Definitions of words and phrases used in this chapter shall be as follows:
AMBIENT NOISE
All-encompassing noise associated with a given environment.
BAND PRESSURE LEVEL
The "band pressure level" of a sound for a specified frequency band is the sound pressure level for the sound contained within the restricted band. The reference pressure must be specified.
BEL
A unit of level when the base of a logarithm is 10 and is restricted to levels of quantities proportional to power.
CYCLE
The complete sequence of values of a periodic quantity that occur during a period.
DECIBEL
One-tenth of a bel and is a unit of level when the base of the logarithm is the 10th root of 10, and the quantities concerned are proportional to power.
DURATION
The "duration" of a transient noise from a machine during the entire period when the transient noise is first distinguished from the ambient noise until the noise from the same machine finally recedes into the ambient noise shall be the period of time beginning when the transient noise first exceeds a certain band pressure level until it no longer exceeds the same band pressure level, and provided that it remains above the same band pressure level for at least 1/3 of the total duration.
FREQUENCY
The "frequency" of a function periodic in time is the reciprocal of the primitive period. The unit is the cycle per unit time and must be specified.
MICROBARS
A unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.
NOISE
Any increase in the ambient noise, measured as provided in this chapter, caused by any mechanical device including aircraft.
PERSON
Includes any individual, firm, association or corporation, whether such person be the owner, lessee or charterer, his or its pilots or copilots as to aircraft and any individual, firm, association and corporation, its servants, agents or employees as to any other sound-producing device or mechanism.
SOUND ANALYZER
A device for measuring the band pressure level or pressure spectrum level of a sound as a function of frequency.
SOUND-LEVEL METER
An instrument including a microphone, an amplifier, an output meter and frequency-weighting networks for the measure-meter and frequency weight in the manner provided by this chapter.
SOUND PRESSURE LEVEL
The "sound pressure level," in decibels, of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of this sound to the reference pressure, which reference pressure must be explicitly stated.
SPECTRUM
A function of time and is a description of its resolution into components, each of different frequency, and is also used to signify continuous range of components usually wide in extent within which waves have some specified characteristics such as audio-frequency spectrum and is also applied to functions of variables other than time.
STEADY NOISE
Any noise having a duration in excess of one minute shall be considered a "steady noise," and the limits of Table II of this chapter[1] shall apply.
TRANSIENT NOISE
Any noise having a duration of one minute or less shall be considered a "transient noise," and the limits of Table I of this chapter[2] shall apply.
[1]
Editor's Note: Table II is included in § 145-4P.
[2]
Editor's Note: Table I is included in § 145-4P.

§ 145-3 Declaration of policy.

It is hereby declared to be the policy of the Board of Trustees of this village to prevent any unreasonable loud, disturbing and unnecessary noise. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual or contrary to the public welfare is prohibited.

§ 145-4 Unlawful noises.

The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but any enumeration herein shall not be deemed to be exclusive:
A. 
The sounding of any horn or signal device of any automobile, motorcycle, bus, street car or other vehicle except as a warning signal pursuant to the provisions of § 375 of the Vehicle and Traffic Law of the State of New York.
B. 
The operation of any radio, phonograph or use of any musical instrument in such a manner or within such volume, particularly between 11:00 p.m. and 7:00 a.m., so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.
C. 
The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity.
D. 
The use of any automobile, motorcycle, street car or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
E. 
The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger.
F. 
The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
G. 
The erection, including excavating, demolition, alteration or repair, of any building other than between 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public safety and then only with a permit from the Building Inspector, which permit may be renewed for a period of three days or less while the emergency continues.
H. 
The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same is in session or adjacent to any hospital which unreasonably interferes with the workings of such institution, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
[Amended 6-18-1968]
I. 
The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
J. 
The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
K. 
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any performance, show or sale or display of merchandise by the creation of noise.
L. 
The use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes.
M. 
The use of any radio apparatus, talking machine, loudspeaker or amplifier attached thereto in such a manner that the loudspeaker shall cause the sound from such radio apparatus or talking machine to be projected directly therefrom outside of any building or out of doors; or the use of any radio apparatus, talking machine, loudspeaker or amplifier which is in any way fastened to or connected with any outside wall or window in any building or structure so that the sound therefrom is projected outside of such outside wall or window between the hours of 11:00 p.m. and 9:00 a.m. Nothing herein contained shall be construed to prevent the operation of a radio apparatus or talking machine used in a reasonable manner by any person within any building or structure, provided that said radio apparatus or talking machine or loudspeaker is not so arranged so that such loudspeaker shall project the sound therefrom directly outside of any building or out of doors.
N. 
The operation of any machinery, equipment, pump, fan, exhaust fan, attic fan, air-conditioning apparatus or mechanical device in such a manner as to create any noise exceeding 35 decibels at the adjoining property line.
O. 
The loading or unloading of any vehicle, cart, wagon, dolly, can, bucket or other type of receptacle in connection with the off-premises transportation, disposal or storage of waste, refuse, garbage or other items or materials of similar nature, other than between 7:00 a.m. and 8:00 p.m.
[Added 6-18-1968]

§ 145-5 Noise limits.

No person shall operate or cause to be operated any mechanism or device (including but not limited to airplanes) which shall create a noise within the Village of Great Neck Plaza exceeding the limiting noise spectra set forth in Tables I and II as follows:
Table I
Limiting Noise Spectrum
for Transient Noise
Band Pressure Level
(decibels re: 0.0002
microbars)
Octave Band
Center Frequency
(cycles per second)
92
63
87
125
79
250
72
500
66
1,000
60
2,000
54
4,000
52
8,000
A. 
During the daytime from 7:00 a.m. to 7:00 p.m., the limits of Table I hereinbefore set forth shall apply to transient noises having a duration in excess of 12 seconds.
B. 
During the night from 7:00 p.m. to 7:00 a.m., the same limits shall apply to transient noises having a duration in excess of six seconds.
Table II
Limiting Noise Spectrum for Steady Noise
Band Pressure Level
(decibels re: 0.0002
microbars)
Octave Band
Center Frequency
(cycles per second)
72
63
67
125
59
250
52
500
46
1,000
40
2,000
34
4,000
32
8,000

§ 145-6 Noise measurements.

Noise measurements and limits shall conform to the following practices:
A. 
Noise shall be measured at an altitude not exceeding 100 feet above sea level.
B. 
Measurements of noise emanating from any mechanism or device not originating on private property, including but not limited to motor vehicles, shall be made at a distance of at least 100 feet from the longitudinal center line of the vehicle.
C. 
Machinery noise originating on private property shall be measured at the property line of the property on which the noise source is located.

§ 145-7 Penalties for offenses.

[Amended 6-18-1968[1]]
It shall be a violation of this chapter for any person, corporation or association to cause, permit, aid, abet, direct or suffer any of the acts listed under § 145-4, Unlawful noises, hereinabove or any other disturbing and unnecessary noise. The violation of any of the provisions of this chapter shall be punishable by a fine not exceeding $250 or by imprisonment for not more than 15 days, or by both fine and imprisonment.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.