[HISTORY: Adopted by the Board of Trustees of the Village of New Hempstead 9-6-1984 by L.L. No. 22-1984. Amendments noted where applicable.]
This chapter shall be cited and may be referred to hereinafter as the "Noise Pollution Control Law of the Village of New Hempstead."
It is the intention of the Board of Trustees of the Village of New Hempstead by the adoption of this chapter to establish and impose restrictions upon the creation of excessive, unnecessary or unusually loud noise within the limits of the Village of New Hempstead in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity and the peace and quiet of the Village of New Hempstead and its inhabitants.
As used in this chapter, the following terms shall have the meanings indicated:
- Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
- EMERGENCY WORK
- Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
- MOTOR VEHICLE
- Any vehicle, such as but not limited to a passenger vehicle, truck, truck-trailer, trailer or semitrailer, propelled or drawn by mechanical power, and shall include motorcycles, snowmobiles, minibikes, go-carts and any other vehicle which is self-propelled.
- Any individual, association, partnership or corporation, including any officer, employee, department, agency or instrumentality of the state or any political subdivision of a state.
- REAL PROPERTY BOUNDARY
- A line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person.
- UNREASONABLE NOISE
- A noise of a type or volume that a reasonable person of normal sensitivities, under the circumstances, would not tolerate.
No person, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, shall make or cause or allow to be made unreasonable noise.
No person shall engage in any activity which results in or causes the production of noise which exceeds, at any point on or beyond any lot line, the maximum decibel level for the designated octave band as set forth in the following table:
For the purpose of measuring the intensity and frequencies of sound, sound level meters and octave filters shall be employed. Octave band analyzers calibrated with pre-1960 octave bands (American Standards Association Z24.10-1953, Octave Band Filter Set) shall be used. Sounds of short duration, which cannot be measured accurately with the sound level meter, shall be measured with an impact noise filter in order to determine the peak value of the impact.
No person shall keep, permit or maintain any animal under his control which makes sounds which create a public nuisance or create unreasonable noise across a residential real property boundary. The provisions of this subsection shall apply with equal force to veterinarian facilities, kennels and animal shelters of any type.
No person shall operate or permit to be operated any tools, machinery or equipment used in construction, drilling or demolition work except between the hours of 8:00 a.m. and 9:00 p.m. on Monday through Friday and 10:00 a.m. and 6:00 p.m. on Saturday, Sunday and legal holidays.
No person shall operate or permit the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, lawn mower or similar device used outdoors in residential areas between the hours of 9:00 p.m. and 8:00 a.m. of the following day.
No person shall cause or permit to be caused the sounding of any horn or other auditory signaling device on or in any motor vehicle except to serve as a danger warning.
No person shall repair, rebuild, modify or test any motor vehicle in such a manner as to cause unreasonable noise across a residential real property boundary.
No person shall discharge into the open air the exhaust of any steam engine, stationary internal-combustion engine, air compressor equipment, motor vehicle or other power device which is not equipped with an adequate muffler in constant operation and properly maintained to prevent any unreasonable noise, and no such muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device which causes said engine, vehicle or other power device to create unreasonable noise.
No person shall operate or cause to be operated a sound-reproduction device that produces unreasonable noise across a real property boundary during any of the following hours:
On Monday through Thursday (other than legal holidays) before 8:00 a.m. or after 10:00 p.m.
On Friday (other than a legal holiday) before 8:00 a.m. or after 11:30 p.m.
On Saturday and Sunday followed immediately by a legal holiday, and a legal holiday not followed immediately by a weekday, before 10:00 a.m. or after 11:30 p.m.
On Sunday not followed immediately by a legal holiday, and a legal holiday followed immediately by a weekday, before 10:00 a.m. or after 10:00 p.m.
No person shall operate or use or cause to be operated or used any sound-reproduction device in any public place in such a manner that the sound emanating therefrom creates unreasonable noise across a real property boundary.
This subsection shall not apply to any person participating in a school band or in a parade or sounds emanating from sporting, entertainment or other public events where such devices are used.
No person shall load any garbage or trash on a compactor truck or any other truck whereby the loading, unloading or handling of boxes, crates, equipment or other objects is conducted between the hours of 9:00 p.m. and 6:00 a.m. of the following day.
The provisions of this chapter shall not apply to:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter shall be enforced by Town of Ramapo Police Department personnel or the Mayor, Deputy Mayor or Code Inspector of the Village of New Hempstead.
Any person who shall refuse or neglect to comply with any section or provision of this chapter shall be guilty of a violation. Each and every violation of this chapter shall be punishable by a fine not to exceed $5,000 or a sentence of imprisonment not to exceed 15 days, or both. Each day's continued violation shall constitute a separate violation.
[Amended 6-2-1988 by L.L. No. 3-1988]
In addition to all other remedies provided for herein, the Board of Trustees may also enforce obedience to this chapter by injunction or by any other remedy available to it by virtue of the judicial process.