Village of Manorhaven, NY
Nassau County
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Table of Contents
Table of Contents
[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.
Noise created by animals — See Ch. 54, Art. II.
Disturbance of the peace — See Ch. 106, Art. I.
[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Editor's Note: This local law also repealed former Ch. 97, Noise, adopted 5-15-1957 by Ord.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.