[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern 7-26-1993 by L.L. No. 4-1993.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 69.
Dogs — See Ch. 122.
Peace and good order — See Ch. 197.
Peddling and soliciting — See Ch. 200.
Quarry and blasting — See Ch. 209.
[1]
Editor's Note: This local law also repealed former Ch. 175,
Noise, adopted 2-24-1972, as amended in its entirety 3-12-1990 by
L.L. No. 3-1990.
The Board of Trustees of the Village of Suffern 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 Suffern. By this enactment the
Board of Trustees tends to promote the health, safety, morale and
welfare of the people of the Village of Suffern and, in the exercise
of its police powers in this regard, the Board of Trustees hereby
enact the following chapter. It is the intention of the Board of Trustees
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:
Animal of any type or species which which is owned, harbored
or maintained by a person.
That level of sound which, in each context described in § 175-1, either:
Annoys or disturbs a reasonable person of normal auditory sensitivities;
Is clearly audible outside the residential, real property boundary
from which it originates;
Is loud, disturbing, unusual, unreasonable and 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 pursuant to the
Zoning Law of the Village of Suffern,[1] 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.
Any Monday through Friday which is not a state or federal
legal holiday.
[Amended 11-10-2014 by L.L. No. 9-2014]
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 but not limited to a radio, tape player or television, in
such a manner as to create a noise disturbance.
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 periods 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, noise or other construction equipment which creates
a noise disturbance, except between 7:00 a.m. and 8:00 p.m. on weekdays
and except in cases of urgent necessity in the interest of public
safety.
F.
Construction. Any construction, excavation, demolition, alteration
or repair which creates a noise disturbance, except between 8:00 a.m.
and 8:00 p.m. on weekdays and 10:00 a.m. and 8:00 p.m. on Saturdays
and Sundays and except in cases of urgent necessity in the interest
of public safety.
[Amended 11-10-2014 by L.L. No. 9-2014]
G.
Domestic equipment. The operation of or permitting to be operated
any power saw, drill, sander, router, lawn or garden device, leaf
or domestic equipment so as to create a noise disturbance except between
the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 10:00 a.m. and
8:00 p.m. on Saturdays and Sundays.
[Amended 11-10-2014 by L.L. No. 9-2014]
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.
I.
Loading and unloading. The loading and unloading of any materials,
equipment, garbage cans or the handling of bales, boxes, crates, containers
or similar objects so as to create a noise disturbance.
J.
Domestic animals. The howling, barking, squawking or other sounds
of domestic animals which occurs so frequently or for such an unreasonable
duration so as to create a noise disturbance.
K.
Explosives, firearms and 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.
A.
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 10:00 p.m. and 7:00 a.m. the following day shall be prima
facie evidence of a violation of this chapter.
B.
Barking, squawking, whining, neighing or any other domestic animal
sound which is audible at a point beyond the real property boundary
from which such sound emanates and which continues for over 30 minutes
between the hours of 10:00 p.m. and 7:00 a.m. shall be prima facie
evidence of a violation of this chapter.
The following sounds shall not be deemed to be a violation of
this chapter:
A.
Sounds created by church bells or chimes.
B.
Sounds created by any government agency by the use of public warning
devices.
C.
Sounds created by lawn mowers between the hours of 8:00 a.m. and
8:00 p.m. weekdays and 10:00 a.m. and 8:00 p.m. Saturdays and Sundays.
[Amended 11-10-2014 by L.L. No. 9-2014]
D.
Sounds created by public utilities in carrying out the operation
of their franchises.
E.
Sounds connected with sporting events of any public or private school
or authorized carnivals, fairs, exhibitions, parades, etc., allowed
by permit of the Board of Trustees.
F.
The use of loudspeakers in connection with voter registration projects
and, within 30 days prior to an election, the use of loudspeakers
in connection with election campaigns between 9:00 a.m. and 8:00 p.m.,
prevailing time.
G.
Safety devices. Safety devices required to be operative on machinery
or equipment.
H.
The Board of Trustees, upon submission of an application, may authorize exceptions to the provisions of this chapter for any "indoor theater," as the term is defined in § 266-5 of the Zoning Law, which is located the CB Zoning District, in the form of a permit subject to conditions, including but not limited to restrictions as to time and duration of any such exception or exceptions, including circumstances upon which such exception or exceptions may be revoked by the Village Board. Any permit granted by the Village Board shall be in written form, which shall include the agreement and acceptance by the applicant of the terms and conditions of the permit containing the exception or exceptions and filed with the Village Clerk's office. The Village Board may revoke any permit granted in accordance with this section for a violation or violations of the terms and conditions of the permit, upon a hearing, to be held not less than five days after written notice of the Board's intention to revoke such permit.
[Added 8-9-2021 by L.L.
No. 5-2021]
This chapter shall be administered and enforced by the Police
Department.
