Applications for a permit for relief from the
noise level provisions of this chapter on the basis of undue hardship
shall be made to the City Clerk of the City of New Rochelle. Any permit
granted shall contain all conditions upon which said permit has been
granted, shall specify reasonable time that the permit shall be effective
and shall include a time schedule for the installation of noise abatement
procedures or devices. In determining whether to grant a permit, the
hardship of the applicant should be balanced against the adverse impact
on the health, safety and welfare of the persons and property affected.
A permit may be granted if it is found that additional time is necessary
for the applicant to alter or modify his activity or operation to
comply with this chapter, or that no other reasonable alternative
is available to the applicant, and the activity, operation or noise
source will be of temporary duration and cannot be done in a manner
that would comply with this chapter.
A public hearing may be held if there is sufficient
public interest concerning an application for a permit.
The provisions of this chapter shall be enforced
by the Police Department of the City of New Rochelle, and it shall
have the power to:
A.
Order any person to cease and desist from any activity
which causes, or is conducted so as to cause, a violation of any provision
of this chapter.
B.
Seal any device, after obtaining the proper judicial
order, which causes, or is maintained or operated so as to cause,
a violation of any provision of this chapter.
[Amended 10-18-1988 by L.L. No. 1-1988]
An offense against the provisions of this chapter
shall be punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such.
The operation of vehicles and equipment used
by the Department of Public Works in the performance of official duties
shall be exempt from the requirements of this chapter until such time
as vehicles and equipment capable of compliance are available and
acquisition thereof is authorized by City Council.
