[HISTORY: Adopted by the Board of Trustees of the Village
of Greenwood Lake 11-2-1987 by L.L. No. 8-1987. Amendments noted where
applicable.]
The Village Board of the Village of Greenwood Lake hereby declares
its intent to prevent unreasonably loud and disturbing noises as they
are deemed to be detrimental to the life, health, welfare and good
order of the people of the Village of Greenwood Lake. By this enactment
the Village Board intends to promote the health, safety, morale and
welfare of the people of the Village of Greenwood Lake, and, in the
exercise of its police powers in this regard, the Village Board does
hereby enact the following chapter. It is the intention of the Village
Board that this chapter be liberally construed so as to effectuate
the purposes described in this section.
In this chapter, the following words or phrases shall have the
meanings indicated:
An animal of any type or species which is owned, harbored
or maintained by a person.
State or federal holidays.
That level of sound which, in each context described in § 69-3, either:
Annoys or disturbs a reasonable person of normal auditory sensitivities;
Is clearly audible outside the residential real property boundary
from which it originates; or
Is loud, disturbing, unusual, unreasonable or unnecessary as
well as audible outside the structure or the real property boundary
from which it originates.
An individual or a corporation.
A line along the ground surface, and its vertical extension,
which separates the real property owned or controlled by one person
from that owned or controlled by another person, including intrabuilding
real property divisions.
An area designated for any residential use under Chapter 120, Zoning, of the Code of the Village of Greenwood Lake or any area improved by a dwelling.
An oscillatory motion of particles described by displacement,
velocity or acceleration with respect to a given reference point.
Monday through Friday.
Saturday and Sunday.
Each of the following is declared to constitute a violation
of this section:
A.
Amplified sound: the using, operating of or permitting to be used
or operated any device for producing, reproducing or amplifying sound,
including a radio, tape player or television, upon any of the streets,
alleys, parks or other public places of the Village or upon any private
premises in the Village where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the
streets, avenues, alleys, parks or other public places for the purpose
of attracting attention to any goods, wares, merchandise, service
or entertainment. However, nothing contained in this section shall
apply to the ringing of those small bells normally affixed and associated
with ice cream vendor vehicles, nor shall this section apply to calliope-type
music normally associated with carnival rides and circuses.
B.
Horns and signaling devices: the sounding of any horn, signaling
device or alarm (except as a danger warning, pursuant to § 375
of the Vehicle and Traffic Law of the State of New York) which results
in a harsh or loud sound or repetitive sounds for any unreasonable
or unnecessary period of time so as to create a noise disturbance.
C.
Shouting and yelling: shouting, yelling, singing, calling, hooting
or whistling so as to create a noise disturbance.
D.
Engines: the operation, including the stationary idling, of any engine,
including but not limited to an automobile, truck, motorcycle, motorbike,
motorboat or minibike engine, so as to create a noise disturbance.
E.
Heavy equipment: the operation of any pile driver, bulldozer, pneumatic
hammer, grinder or other construction equipment which creates a noise
disturbance, except between 8:00 a.m. and 4:30 p.m. on weekdays and
9:00 a.m. and 4:30 p.m. on weekends and holidays, except in cases
of urgent necessity in the interest of public safety, upon application
to the Village Clerk, who shall be authorized to grant a waiver of
this provision upon receipt of approval from three Village Trustees.
F.
Construction: any construction, excavation, demolition, alteration
or repair which creates a noise disturbance, except between 7:00 a.m.
and 8:00 p.m. on weekdays and 9:00 a.m. and 5:00 p.m. on weekends,
legal holidays and except in cases of urgent necessity in the interest
of public safety.
G.
Domestic equipment: the operation of or permitting to be operated
any power saw, drill, sander, router, lawn or garden device, leaf
or snow blower, insect control device or domestic equipment so as
to create a noise disturbance, except between 7:00 a.m. and 8:00 p.m.
on weekdays and 9:00 a.m. and 5:00 p.m. on weekends and legal holidays
and except in cases of urgent necessity in the interest of public
safety.
H.
Machinery: the operation of any machinery, equipment, pump, fan,
air-conditioning apparatus or other mechanical device in such a manner
as to create a noise disturbance, except between 7:00 a.m. and 8:00
p.m. on weekdays and 9:00 a.m. and 5:00 p.m. on weekends and legal
holidays and except in cases of urgent necessity in the interest of
public safety.
I.
Sanitation loading and unloading: the loading and unloading of any
materials associated with garbage, refuse, containers, or similar
objects as to create a noise disturbance, except between 6:00 a.m.
and 6:00 p.m. on weekdays and 9:00 a.m. and 5:00 p.m. on weekends
and legal holidays.
[Amended 11-13-2000 by L.L. No. 2-2000]
J.
Domestic animals: the howling, barking, squawking or other sounds
of domestic animals which occur so frequently or for such an unreasonable
duration so as to create a noise disturbance. Barking, howling and
whining of a dog for a period in excess of 15 minutes and loud enough
to be heard by a person other than the owner or harborer of said dog
shall be presumptive evidence of violation of this section.[1]
K.
Explosives, firearms and similar devices: the use or firing of explosives,
firearms or similar devices so as to create a noise disturbance.
L.
Vibration: the operating or permitting the operation of any device
that creates vibration which is above the vibration perception threshold
of an individual beyond the property where the source is located.
For the purposes of this section, "vibration perception threshold"
means the minimum ground- or structure-borne vibrational motion necessary
to cause a normal person to be aware of the vibration by such direct
means as but not limited to sensation by touch or visual observation
of moving objects.
The use of any sound-producing, sound-reproducing or sound-amplifying
device, machinery, domestic equipment, heavy equipment or engine so
as to cause the sound produced thereby to be audible outside the building
or beyond the boundary of the real property where it originates, between
the hours of 8:00 p.m. and 7:00 a.m. the following day (weekdays)
and 5:00 p.m. and 9:00 am. the following day on weekends and legal
holidays shall be prima facie evidence of a violation of this chapter.
Any person violating any of the provisions of this chapter shall
be guilty of a violation as a disorderly person, punishable by a fine
of not more than $250 or by imprisonment of not less than one day
nor more than 15 days, or by a combination of fine and imprisonment.
The continuation of an offense against any provision of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
