[HISTORY: Adopted by the Board of Trustees
of the Village of Briarcliff Manor 11-5-2019 by L.L. No. 6-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law repealed former Ch. 146, Noise,
adopted 4-18-2018 by L.L. No. 2-2018, as amended.
This chapter shall be known as the "Village of Briarcliff Manor
Noise Control Law."
It is hereby declared to be the policy of the Village of Briarcliff
Manor to safeguard the right of its residents within the privacy of
their homes and property to be free from intrusive unwanted sounds.
Problems concerning disturbance of peace and quiet by noise from various
activities are best solved by thoughtful discussions and cooperative
agreements between affected parties. However, to resolve remaining
problems of noise, which is disturbing to others, it is the policy
of the Village of Briarcliff Manor to establish standards, enforcement
procedures and penalties.
As used in this chapter, the following terms and phrases shall
mean:
A unit for measuring the volume of sound, equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to a standard pressure of 20 micronewtons per square
meter.
New Year's Day; Dr. Martin Luther King, Jr., Birthday;
Lincoln's Birthday; Columbus Day; Election Day; Veterans'
Day; Washington's Birthday; Easter; Memorial Day; Independence
Day; Labor Day; Yom Kippur; Thanksgiving Day; and Christmas.
Any radio, television tape/CD/DVD player, musical instrument
or instruments, amplifier, karaoke machine, or other machine or device
for the production or reproduction of sound.
Motorized vehicles, whether licensed or unlicensed, including
but not limited to snowmobiles, motorcycles, motorized bicycles, mopeds,
minicycles, minibicycles or minibikes, trail bicycles or trail bikes,
go-carts, all-terrain vehicles and all motor vehicles normally manufactured
for use or operation off public highways.
The sound-pressure level measured in decibels with a sound-level
meter set to a weighting expressed in dB(A).
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under ANSI Specification S1.4-1971 or
the latest approved revision thereof.
Any zone as defined in the Zoning Ordinance[1] of the Village of Briarcliff Manor.
A.
No person shall operate or permit to be operated in the Village of
Briarcliff Manor any sound source that produces a sound level exceeding
the volume limitations or hour restrictions in this chapter.
B.
The measurement of any sound or noise shall be made with a sound-level
meter using the A-weighted scale and slow response, except for sounds
or noises which occur in single or multiple bursts with a duration
of less than one second, for which fast response shall be used. The
sound level determination or measurement of sounds on private property
shall be conducted not nearer to the sound source than 50 feet from
the closest property line of the parcel on which such noise is generated,
or, if the sound source is located on public property, as measured
at a distance of 300 feet from such sound source.
A.
Noise produced by any act or activities, including the use of any
musical device or off-road motor vehicle, on properties within any
residential zoning district, shall not disturb the peace, quiet and
comfort of the neighboring inhabitants and shall not exceed: i) 60
dB(A) during the hours of 8:00 a.m. to 6:00 p.m.; and ii) 45 dB(A)
during the hours of 6:00 p.m. to 8:00 a.m. weekdays and Saturdays,
and at all times on Sundays and holidays.
B.
Noise produced by any act or activities on properties within any
nonresidential zone on a weekday and Saturday within any nonresidential
zoning district shall not disturb the peace, quiet and comfort of
the neighboring inhabitants and shall not exceed: i) 65 dB(A) during
the hours of 8:00 a.m. to 6:00 p.m. on weekdays and Saturdays; and
ii) 50 dB(A) during the hours of 6:00 p.m. to 8:00 a.m. on weekdays
and Saturdays, and at all times on Sundays and holidays.
C.
Other than the exceptions noted herein, any noise produced by any
act or activities plainly audible from adjacent properties between
the hours of 6:00 p.m. and 8:00 a.m., or at any time on Sundays and
holidays, shall be prima facie evidence of a violation of this section.
D.
It shall additionally be unlawful for the owner, lessee or person
having possession and control of any property to permit such noise-producing
activities thereon.
A.
Construction activities. Building or construction activity, which
may be audible beyond any property line, and which may include limited
clearing and removal of trees and other site preparation work, is
permitted with prohibitions as follows:
(1)
All such activity is prohibited at any time on holidays and Sundays.
(2)
All such activity is permitted only between the hours of 8:00 a.m.
and 6:00 p.m. on weekdays, and, on a residential lot containing a
single-family residence, only between the hours of 9:00 a.m. and 6:00
p.m. on Saturdays.
(3)
Blasting, which is further regulated by Chapter 118 of the Village Code, and use of mechanical rock crushers, pneumatic hammers or jackhammers, drilling (other than using handheld drills), derricks, cranes, or similar equipment may be permitted only on Monday through Friday, excluding holidays, and only between the hours of 9:00 a.m. and 5:00 p.m.
(5)
Emergency construction activities may be performed at any time to
remedy any situation deemed by the Village Manager or Building Inspector
to be hazardous or to create an imminent danger to life or property.
(6)
The above limitations notwithstanding, any indoor construction activity
that is inaudible from every property line shall be permitted at any
time on any residential lot containing a single-family residence.
B.
Weather emergencies. Use of snowblowers, chain saws and other domestic
tools and equipment are exempted from these limits when they are being
used to clear driveways, streets or walkways during and within 24
hours after snowfalls, rain storms, ice storms, wind storms or similar
emergencies.
C.
Parades and services. Nothing in this chapter shall be construed
to prevent the production of music in connection with any military
or civic parade, funeral procession or religious service, and nothing
herein shall prohibit the use of any organ, bell, chimes or any other
similar instrument or device by any church, synagogue or school, on
or within its own premises, in connection with religious rites or
ceremonies of such church or synagogue or in connection with a school
educational program.
D.
Property maintenance.
(1)
The use of power lawnmowers, rakers, leafblowers, or other motor-driven
lawn, garden, or property maintenance equipment shall be permitted
only between the hours of: i) 9:00 a.m. and 6:00 p.m. on weekdays;
ii) 9:00 a.m. and 5:00 p.m. on Saturdays; iii) 10:00 a.m. and 4:00
p.m. on Sundays only for property owners working on their own lot;
and iv) at no time on holidays.
(2)
Owners of commercial properties, or their authorized representatives, may request to extend the hours set forth in § 146-6D(1) for the sole purpose of performing their regular property maintenance, such that on any day the start time may begin no earlier than 6:00 a.m. and the end time no later than 9:00 p.m., by submitting a mitigation proposal to the Board of Trustees demonstrating:
(a)
Compliance with this chapter without such variance would constitute
an unreasonable financial hardship on the property owner, on the community,
or on other persons.
(b)
Acceptable mitigation measures including, but not limited to:
a) using the quietest motorized equipment practicable, such as electric-powered
motors, but in all cases no such equipment shall exceed 65 dB(A);
or b) creating a phase-out agreement by which all equipment currently
generating noise beyond the limits of this chapter will be replaced
with quieter equipment within a period of time not to exceed two years
from the earliest date of any submitted mitigation proposal; or c)
implementing a sequencing plan and timetable for use of any noise-generating
equipment or activity to balance needs for property maintenance while
minimizing disturbance to surrounding property owners. Such a sequencing
plan would be designed to begin maintenance at an area on the property
furthest from surrounding neighbors, and end with those areas closest
to the majority of neighbors, or to alternate the daily sequence for
maintenance to minimize the repetitive disturbance to any particular
neighbor, or group of neighbors, bordering the property.
(3)
The specific requirements for any mitigation plan, the benchmarks
for compliance thereto, and the granting of any relief from the acceptable
hours of maintenance prescribed herein, shall be solely at the discretion
of the Board of Trustees after consideration of each specific application
and a public meeting to discuss the same. Any such granted relief
may be suspended or revoked by the Board of Trustees at any time due
to the property owner's failure to comply with the accepted mitigation
plan or a determination, at the sole discretion of the Board of Trustees,
that the mitigation provided by such plan is insufficient.
E.
Celebrations. For live musical performances, musical devices, or
amplification, used in connection with: i) block parties; or ii) weddings,
graduations, milestone birthdays, or similar infrequent celebrations
occurring no more than three times each calendar year on any single-family
residential property, sound levels not exceeding 65 dB(A) are permitted
until 12:00 midnight on Friday or Saturday nights, or any night preceding
a federal holiday, and until 10:00 p.m. on all other nights. No earlier
than seven days and no later than one day prior to the scheduled date
of the celebration, the host homeowner shall notify the Briarcliff
Manor Police Department of the planned event, and shall provide the
celebration host's name and contact information, including the
host's phone number during the event, expected starting date
and time, purpose, and the planned duration of the event.
F.
Automobile warnings. The sounding of any horn or signal device on
any automobile, motorcycle, bus or other vehicle, except as a warning
signal pursuant to the provisions of the Vehicle and Traffic Law of
the State of New York, is not permitted at any time.
G.
Animals. Barking, yelping, the sounds of an animal in heat, or any
other animal noise created by any harbored dog, cat, pet, fowl, bird,
or other pet, which disturbs the comfort or repose of any person residing
within earshot: i) continuously for a period of 10 minutes between
the hours of 7:00 a.m. and 9:00 p.m.; or ii) continuously for a period
of five minutes at any other time, shall not be permitted.
H.
Hawking. The use of any drum, bell, loudspeaker or other instrument
or device for the purpose of attracting attention to any solicitation,
performance, show or sale or display of merchandise by the creation
of noise, excepting bells sounded by licensed mobile vendors, provided
that the sound thereof is not audible more than 300 feet from said
vehicle.
I.
Electrical equipment. Sounds created by any air-conditioning equipment, generators, or other fixed equipment serving a building or premises and installed pursuant to Chapter 90 of the Code of the Village of Briarcliff Manor, excluding pool equipment as further regulated by Chapter 220, are exempted from the limitations of this chapter.
J.
Portable generators. Sounds created by any portable generator in
use during a power outage are exempted from the limitations of this
chapter.
K.
Limited skeet shooting. Sounds created from skeet shooting, but only
for properties previously approved under a special use permit, and
never beyond the hours or days approved prior to the adoption of this
chapter.
L.
Government agencies. Sounds created by any governmental agency by
the use of public warning devices are exempted from the limitations
of this chapter.
M.
Public utilities. Sounds created by public utilities in carrying
out the operations of their franchise are exempted from the limitations
of this chapter.
N.
Sports. Sounds connected with sporting events of any public or private
school, or with Village of Briarcliff Manor sponsored or permitted
special events or sports programs are exempt from the limitations
of this chapter.
O.
Essential services. Sounds created in the performance of any emergency
work or action necessary by any governmental agency to deliver essential
services, including but not limited to repairing water, gas, electricity,
telephone or sewer facilities or public transportation facilities,
removing fallen trees on public rights-of-way or abating life-threatening
conditions are exempted from the limitations of this chapter.
The provisions of this chapter shall in no case remove, or render
less restrictive, limitations on noise generation or other conditions
imposed for specific properties by actions of the Briarcliff Manor
Zoning Board of Appeals or by actions of the Briarcliff Manor Planning
Board or required under other applicable laws or regulations.
The provisions of this chapter shall be enforced by the Police
Department of the Village of Briarcliff Manor, a Code Enforcement
Officer, or other officials designated by the Village Board. A noise
disturbance, or other violation of this chapter, may be substantiated
by any of the following:
A.
Any person violating any provision of this chapter shall be guilty
of a violation and, upon conviction thereof, shall be punished by
a fine not to exceed the sum of $250. Each day shall constitute a
separate offense, punishable by a like fine or penalty as herein set
forth.
B.
Notwithstanding the penalties hereinabove provided, the Village of
Briarcliff Manor may maintain an action or proceeding in a court of
competent jurisdiction to compel compliance with or to restrain by
injunction the violation of any provision of this chapter.
C.
The foregoing provisions for enforcement of the regulations in this
chapter are not exclusive; they are in addition to any and all laws
applicable thereto.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder of this chapter, but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the litigation in which such judgment shall have been
rendered.
This chapter shall take effect immediately upon filing in the
office of the Secretary of State of New York.
