[HISTORY: Adopted by the Board of Trustees of the Village of Asharoken 2-2-1981
as L.L. No. 2-1981. Sections 86-5E and 86-7 amended at time
of adoption of Code. See Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
This chapter shall be known and may be cited as "Village of Asharoken
Local Law Relating to Noise."
Loud, unnatural or unusual noises which are intermittent or prolonged
are detrimental to the public health, comfort, safety and welfare and constitute
a disturbance to the peace of the residents of the Village of Asharoken. The
provisions hereinafter set forth and enacted are for the purpose of securing
and promoting public health, comfort, safety, welfare and peace of the Village
of Asharoken and its inhabitants.
As used in this chapter, the following terms shall have the meanings
indicated:
Every vehicle operated or driven by an internal combustion engine.
It shall be unlawful for any person to make or cause to be made or continued
or for any owner, lessee or occupant of land in the Village of Asharoken to
permit to be made or continued on premises under such person's control
any loud, unnecessary, unusual or unnatural noise.
The following acts, without limiting the provisions of § 86-4 hereof, are expressly declared to be loud, disturbing, unnecessary or unusual noises in violation of this chapter:
A.
Horns, signaling devices, etc. The sounding of any horns
or signaling devices on any automobile, motorcycle or other vehicle except
as a danger signal or warning signal; the creation by means of any such signaling
device of any unreasonable or harsh sound; and the sounding of any such device
for an unnecessary or intermittent or unreasonable length of time.
B.
Loudspeakers or amplifiers for advertising or broadcasting.
The operating of or permitting to be operated any loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound for the
purpose of advertising or broadcasting.
C.
Exhausts. The discharge into the open air of the exhaust
of any motor vehicle or stationary internal combustion engine, except through
a muffler or other device which will effectively prevent loud or explosive
noises therefrom.
D.
Noisemaking devices. The using, operating, discharging
or causing to be used, operated or discharged, including the installation
of any noisemaking device of any design or manufacture, which in its use,
or if used, will disturb or tend to disturb the peace, comfort, repose, health
or safety of Village residents or scare, frighten or disturb domestic animals
or wildlife.
E.
Construction and operation of machinery. The erection,
including excavation, demolition or alteration of any building, except interior
alteration to a building which is entirely enclosed, or the operation of tractors,
earth-moving machines or cranes other than between the hours of 8:00 a.m.
and 5:00 p.m. from Monday and Friday, inclusive, except legal holidays and
except in cases of urgent emergency in the interest of health and safety,
and then only when a permit shall be issued by the Superintendent of Buildings
for the period of the emergency.[1]
This chapter shall not apply to the legal use of firearms or explosives
when the same are used pursuant to a permit issued by the Board of Trustees
of the Village of Asharoken and to such permits as may be required by other
governmental authorities having jurisdiction of the use of firearms and explosives.
