[HISTORY: Adopted by the Board of Trustees
of the Village of Matinecock 7-18-2000 by L.L. No. 4-2000.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 11.
Animals — See Ch. 15.
Firearms and weapons — See Ch. 67.
Parades and exhibitions — See Ch. 118.
Peace and good order — See Ch. 121.
Peddling and soliciting — See Ch. 123.
[1]
Editor's Note: This local law also repealed
former Ch. 109, Noise, adopted 3-10-1974 by L.L. No. 1-1974 as Art.
14 of the 1974 General Ordinances.
As used in this chapter, the following terms
shall have the meanings indicated:
Any dog, cat, bird, chicken, rooster, cow, sheep, horse or
any other livestock or animal.
Any commercial gardener, landscaper, tree surgeon or other
individual involved in lawn or ground maintenance business.
Any tractor, bulldozer, backhoe, earthmoving machine, cement
mixer, crane or other similar construction machinery.
Any powered leaf blower, mower, chain saw, grinder, trimmer
or other internal-combustion engine apparatus or landscaping equipment
used for lawn or ground maintenance.
Any radio or television set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing
or reproducing of sound.
Any vehicle capable of being operated or driven upon a public
highway which is propelled by any power other than muscular power,
except electrically driven mobility assistance devices operated or
driven by a person with a disability, fire and police vehicles, ambulances
and other emergency vehicles. Motor vehicle shall exclude farm-type
tractors and vehicles used exclusively for agricultural purposes,
or ground maintenance, other than for hire.
Any device of any design or manufacture that is designed
to create unreasonable noise or designed for the purpose of scaring,
frightening or disturbing a domestic animal or wildlife.
Any self-propelled vehicle which is primarily for off-highway
operation or competitions and only incidentally operated on a public
highway such as, but not limited to, go-cart, all-terrain vehicle,
unlicensed motorcycle, motorbike, snowmobile.
Any loud, unnecessary, unusual or annoying, intermittent
or prolonged noise which annoys, destroys, injures or endangers the
comfort, repose, health, peace or safety of a reasonable person of
normal sensitivity. Factors to be considered in determining whether
a sound is an "unreasonable noise" may include, but are not limited
to, the following:
The Incorporated Village of Matinecock and all territory
within its boundaries.
No person shall make or cause to be made or continued, nor shall any owner, lessee or occupant of any land in the village permit to be made or continued on his premises, any unreasonable noise within the village except as permitted in Chapter 67 of this Code relating to the regulation of firearms.
Without limiting the provision of § 109-2, the following acts are expressly declared to be unreasonable noise in violation of this chapter:
A.Â
Horn and signaling device. The sounding of any horn
or signaling device on any boat, motor vehicle or recreational vehicle,
except as a danger or warning signal.
B.Â
Loudspeaker for advertising or broadcasting. The playing,
using, operating or permitting to be played, used or operated of any
loudspeaker on the public street, public waterway or other public
places for the purpose of advertising or broadcasting which is heard
on private property, unless a permit therefor shall have been issued
by the Board of Trustees.
C.Â
Unnecessary amplification. The playing, using, operating
or permitting to be played, used or operated of any loudspeaker at
a volume level sufficient to cause the sound produced or reproduced
to be audible at a point 10 feet beyond the property boundary line
of the property from which the sound is produced or reproduced.
D.Â
Animal.
(1)Â
The keeping, or allowing to be kept, of any animal
outdoors which causes unreasonable noise between the hours of 9:00
p.m. and 8:00 a.m. the following morning.
[Amended 2-23-2012 by L.L. No. 1-2012]
(2)Â
The keeping or allowing to be kept of any animal which
creates or causes unreasonable noise that is continuous for a period
exceeding 30 minutes in duration.
E.Â
Exhaust. The discharge of the exhaust of any internal-combustion
engine, without a muffler or other device which will effectively prevent
unreasonable noises emanating therefrom.
F.Â
Noise-making device. The using, operating, discharging,
installing or causing to be used, operated, discharged or installed
of any noise-making device.
G.Â
Construction and operation of construction machinery.
The construction, demolition, alteration or repair of any building
(except interior alterations or repairs to a building which is entirely
enclosed) and the operation of construction machinery at any time
on Saturday, Sunday and New York State legal holidays, and for all
other days between the hours of 6:00 p.m. and 8:00 a.m. of the following
morning, except pursuant to a permit issued by the Building Inspector
or the Mayor in an emergency situation. Nothing herein shall be construed
to prohibit minor alteration to a building which is entirely enclosed.
The operation of a generator for emergency purposes shall not be prohibited
under any provision of this chapter.
H.Â
Commercial landscaper. The use of any landscaping
equipment by commercial landscapers during the following periods:
[Amended 2-23-2012 by L.L. No. 1-2012]
I.Â
Alarm. A burglar alarm or other alarm system of any
building, motor vehicle, recreational vehicle or boat which is continuous
and exceeds 10 minutes in duration.
J.Â
Tire. The intentional use and operation of a motor
vehicle or recreational vehicle in such a manner as to cause excessive
squealing or other excessive noise of the tires.
K.Â
Recreational vehicle.
(1)Â
The continuous use or operation of any recreational
vehicle on private or public property for a period exceeding 30 minutes.
(2)Â
The use or operation of any recreational vehicle on
private or public property at any time on Sunday and New York State
legal holidays, and for all other days between the hours of 6:00 p.m.
and 8:00 a.m. the following morning, unless pursuant to a permit issued
by the Board of Trustees.
Upon receipt of a complaint, the Police Department,
Building Inspector or village representative shall conduct an investigation
to determine if there is a probable violation of the provisions of
this chapter. For the first occurrence, in lieu of issuing an appearance
ticket, an appropriate warning may be issued to the violator to cease
and desist from continuing such noise.
