[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-17-1937 (Ch. 51 of the 1975 Code)]
This article shall apply only to that part of
the Town of Mamaroneck outside of incorporated villages, and whenever
and wherever the words "Town of Mamaroneck" are used, such words shall
mean the Town of Mamaroneck outside of incorporated villages.
As used in this article, the following terms
shall have the meanings indicated:
Includes individuals, copartnerships, corporations and incorporated
and joint-stock associations.
[Added 5-3-1939]
That paved portion of a street intended for pedestrian use
and lying between the curbline of the street and the adjacent property
line.
[Amended 12-6-1989 by L.L. No. 8-1989]
Any street, road or other public way dedicated to and accepted
by the Town, including all the area thereof lying within the bounds
of the dedicated right-of-way.
[Amended 12-6-1989 by L.L. No. 8-1989]
Every device by which any person or property is or may be
transported or drawn upon the street.
[1]
Editor's Note: The definition of "park, parking
or parked" was repealed 12-6-1989 by L.L. No. 8-1989.
[Amended 4-21-1954]
No person shall locate radios or similar devices
or amplifiers thereof so as to or that may project sound into highways
or neighborhoods for advertising or business purposes; and no person
owning, occupying or having charge of any building or premises or
any part thereof in the Town of Mamaroneck shall cause, suffer or
allow any loud, excessive or unusual noise in the operation or use
of any radio, phonograph or other mechanical or electrical or reproducing
device, instrument or machine, which loud, excessive and unusual noise
shall disturb the comfort, peace and quiet of persons in the vicinity.
The playing, using, operating or permitting to be played, used or
operated of any radio, receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing
or reproducing of sound, which is cast upon the public streets from
any sound truck or vehicle, for the purpose of commercial advertising
or attracting the attention of the public, shall be unlawful and is
hereby prohibited.
No steam whistle or other whistle or horn or
other instrument for making a noise which is operated by steam or
any other power shall be blown or operated within the limits of the
Town of Mamaroneck at any hour of the day or night, except only the
alarm of vehicles of the Fire and Police Departments, all fire and
burglar alarms and the alarm of automobiles, bicycles or motorcycles
while actually traveling through the Town and except also church and
school bells. The alarm of automobiles, bicycles and motorcycles shall
not be operated continuously but only with sufficient frequency to
warn persons of their approach. The use of sirens on motor vehicles
and bicycles within the Town limits is hereby prohibited. No motor
vehicle shall be operated in the Town unless it is provided with a
proper and suitable muffler, and such muffler shall not be opened
at any time while said motor vehicle is in operation.
[Added 12-6-1989 by L.L. No. 8-1989]
No person shall operate or permit to be operated any power tool or equipment, including but not limited to saws, sanders, drills, grinders, tractors, chain saws, lawn or garden tools, mowers, leaf blowers or gatherers or similar devices or wood chippers of any kind, when used outdoors in a residentially zoned district as provided in § 141-7 below.
All noises that menace the health or disturb
the peace and quiet of the Town are prohibited at any time of the
day or night.
[Added 9-17-1986 by L.L. No. 10-1986]
Except under emergency circumstances and with
the exception of the operations of the Town government, no person,
firm or corporation may operate any machine, construction equipment
or other similar device that makes noise which carries beyond the
boundaries of the property on which it is located or being used or,
if a part of a multifamily dwelling, the confines of the dwelling
unit, between the hours of 8:00 p.m. and 8:00 a.m. Monday through
Friday, not before 9:00 a.m. and not after 6:00 p.m. on Saturdays
and not before 9:00 a.m. and not after 5:00 p.m. on Sundays, nor may
any such device be operated on a public road except for the purposes
of transporting the same from one place to another.
[Amended 12-17-1953; 10-20-1954; 12-6-1989 by L.L. No. 8-1989]
Any person or persons, association, firm or
corporation who shall violate any of the provisions of this article
shall be guilty of an offense and shall be punishable by a fine of
not more than $250 or by imprisonment for not more than 15 days, or
both.
[Adopted 4-19-1995 by L.L. No. 6-1995]
This article shall be known as "Restrictions
on Outdoor Power Tools and Gasoline-Powered Blowers."
The purpose of this article is to reduce noise
which is disturbing to individuals in their homes, on their property
and in their workplaces. Noise from certain equipment, used out of
doors, causes inconvenience to occupants of nearby property when such
equipment is used during certain hours. Further, gasoline-powered
blowers originally designed for leaf pickup for limited portions of
the year are now utilized all year. Repeated statements by residents
over a six-year period demonstrate the year-round use of gasoline-powered
blowers has expanded to the extent that the blowers cause a nearly
constant intrusion on the peace and quiet of the community, diminishing
the quality of life in our community. The unacceptable noise levels
produced by the year-round use of gasoline-powered blowers is particularly
disturbing during the warmer weather, when residents spend longer
periods out of doors and windows and doors are open. This Town Board
finds the noise from gasoline-powered blowers impacts adversely upon
the health and welfare of the community.
As used in this article, the following terms
shall have the meanings indicated:
Any device powered by an internal combustion engine which
discharges a stream of forced air and which is used or designed to
move grass, leaves, clippings, dust, dirt or other matter by blowing
them with air emitted by such device.
A.
It shall be unlawful for any person to operate any
power tool or equipment powered by an internal combustion engine before
the hour of 8:00 a.m. and after the hour of 9:00 p.m. on any weekday
and before 10:00 a.m. and after 5:00 p.m. on Saturdays, Sundays and
legal holidays; except for emergency repairs by municipalities, school
districts and/or utility companies and for a period of up to five
days following storms for purposes of removing snow and debris resulting
from such storms.
B.
The use of gasoline-powered leaf blowers shall be
unlawful in the Town during the period from June 1 through September
30 of each year. This section shall not apply to utility companies,
municipal and/or school district emergency operations and for a period
of up to five days following storms for purposes of removing debris
resulting from such storms.
[Amended 2-7-1996 by L.L. No. 2-1996]
[Amended 6-7-2017 by L.L.
No. 7-2017]
Any person, firm, association or corporation
who violates any provision of this article shall be guilty of an offense
and upon conviction shall be punished as follows:
A.
For the
first offense during a calendar year, with a fine of not less than
$125 and not more than $250;
B.
For a
second offense during the same calendar year, with a fine of not less
than $250 and not more than $500; and
C.
For additional
offenses during the same calendar year, with a fine of $500.
