[HISTORY: Adopted by the Board of Trustees
of the Village of Manorhaven 8-30-2018 by L.L. No. 12-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 52.
[1]
Editor's Note: This local law also repealed former Ch. 97,
Noise, adopted 5-15-1957 by Ord. No. XLII, as amended.
It is hereby found and declared that the making and creation
of unreasonably loud, disturbing or unusual noises affect and are
a detriment to the peace, welfare, safety, convenience and health
of the residents of the Village of Manorhaven, and it is the policy
of the Village to prevent such noises. The public interest requires
that the provisions and prohibitions contained herein be enacted for
the purpose of securing and promoting the public health and welfare
of the Village.
A.
It shall be unlawful and an offense against this chapter for any
person to unreasonably make, continue or cause to be made or continued
any unreasonable noise.
B.
Definition of "unreasonable noise." An "unreasonable noise" is any
excessive or unusually loud sound or any sound which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace
or safety of a reasonable person of normal sensibilities, or which
causes injury to animal life or damage to property or business. Standards
to be considered in determining whether unreasonable noise exists
in a given situation include but are not limited to the following:
(1)
The intensity of the noise.
(2)
Whether the nature of the noise is usual or unusual.
(3)
Whether the origin of the noise is natural or unnatural.
(4)
The intensity of the background noise.
(5)
The proximity of the noise to sleeping facilities.
(6)
The nature and the zoning district of the area within which the noise
emanates.
(7)
The time of the day or night the noise occurs.
(8)
The duration of the noise.
(9)
Whether the sound source is temporary.
(10)
Whether the noise is continuous or intermittent.
(11)
Whether alternate methods are available to achieve the objectives
of the sound-producing activity.
A.
No person shall operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound
amplifier or similar device which produces, reproduces or amplifies
sound in such a manner to create a noise disturbance across a real
property boundary.
B.
No person shall use any radio apparatus, loudspeaker, public address
system or similar device between the hours of 11:00 p.m. and 9:00
a.m. producing sound across a real property boundary. Nothing herein
contained shall be construed to prevent the operation of a radio apparatus,
loudspeaker, public address system or similar device used in any reasonable
manner within any building or structure that does not project sound
across a real property boundary.
C.
No person shall create any unreasonable noise or noise disturbance
approximately 50 feet from a sound device when operated in or on a
motor vehicle on a public right-of-way or public space or in a boat
on public waters.
D.
Nothing herein contained shall preclude or prohibit the use by a
church or any religious organization of loudspeakers or other amplifying
devices to broadcast the sound of bells, chimes or carillons or replicas
thereof.
E.
Nothing herein contained shall preclude the reasonable use of loudspeakers,
amplifiers or other broadcasting devices in any outdoor arena, stadium
or public park during the progress of a game, exhibition or other
program conducted in compliance with the law, or at a bus station
in connection with the operation of a common carrier, in advising
the public as to the arrival and departure of public conveyances and
similar information.
F.
Use of landscaping equipment to be prohibited during certain hours.
(1)
Residential/noncommercial use, prohibited hours. No person shall
engage in landscaping operations for a noncommercial purpose using
mechanical, electrical or battery-powered equipment before 8:00 a.m.
or after 7:30 p.m. Monday through Friday or before 9:30 a.m. or after
7:30 p.m. on Saturdays, Sundays or legal holidays.
(2)
Commercial use, prohibited hours. No person shall engage in landscaping operations for a commercial purpose using gasoline- or internal combustion engine-powered equipment before 8:00 a.m. or after 6:00 p.m. Mondays through Fridays or before 9:30 a.m. or after 5:00 p.m. on Saturdays, or on Sundays or legal holidays at any time. In addition to such activity constituting a violation of the rules and regulations for landscapers set forth in Chapter 85, the use of such equipment during prohibited hours for commercial purposes shall also constitute a violation under this chapter.
No person shall sound or cause to be sounded any horn or signaling
device on any motorcar, motorcycle, motorboat or other vehicle on
any street, waterway or public place of the Village, except as a danger
signal or traffic warning, nor shall any person create or cause to
be created with the use of such devices any unreasonably loud, harsh
or prolonged sound.
No person shall use or cause to be used a sound truck or other mechanical sound-amplifying devices at any place within the Village, except within the confines of a stadium, arena or other enclosure and in accordance with the regulations provided for their use in such places, and except for such uses as are specified in § 97-3 hereof.
A.
No person shall operate or cause to be operated any aircraft or airborne
device for any purpose over the Village with sound-amplifying equipment
in operation audible to persons on the ground. This prohibition includes
amplification of human voices and musical instruments and forbids
the broadcasting of advertisements of any product, function or cause
and the dissemination of messages, recitals, reading or other materials
of any kind unless the same have been duly authorized by an official
agency of government.
B.
The prohibition herein shall not apply to broadcastings of warning
signals from devices installed on authorized aircraft, nor to the
use of any horn or other mechanism when operated to ensure safety
in aerial navigation.
No person shall operate or cause to be operated any motorcar,
motorcycle, motorboat or other mechanism propelled by gasoline, fuel
oil or other combustible substance unless the same shall be properly
equipped with a muffler so designed and in such condition as to prevent
unnecessary noise in its operation.
No person shall operate or permit the carrying on of any activities
in connection with the operation of any factory, warehouse or transfer
station in which the primary activity is not totally enclosed within
the four walls of a building, whenever such an establishment is located
within 200 feet of a residence zone, between the hours of 8:30 p.m.
and 7:30 a.m. or at any time on Sunday.
Any person, association, firm or corporation which violates
any provision of this chapter or assists in the violation of any provision
of this chapter shall be guilty of a violation punishable by a fine
not exceeding $1,000 or imprisonment for a period not to exceed 15
days, or both, for conviction of a first offense; for conviction of
a second offense, both of which were committed within a period of
five years, punishable by a fine of not less than $1,000 nor more
than $2,000 or imprisonment for a period not to exceed 15 days, or
both; and upon conviction of a third or subsequent offense, all of
which were committed within a period of five years, punishable by
a fine of not less than $2,000 nor more than $3,000 or imprisonment
for a period not to exceed 15 days, or both. Each week's continued
violation shall constitute a separate additional violation.
