Village of Hewlett Neck, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hewlett Neck 1-4-1982 by L.L. No. 3-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 31.
Barking dogs — See Ch. 38.

§ 88-0.1 Definitions.

[Added 3-2-2015 by L.L. No. 2-2015]
As used in this chapter, the following terms shall have the meanings herein indicated:
LEGAL HOLIDAY
New Year's day, Dr. Martin Luther King, Jr. day, President's day, Memorial day, Independence day, Labor day, Columbus day, Veterans' day, Thanksgiving day and Christmas day.

§ 88-1 Unnecessary noise prohibited.

It shall be unlawful for any person, firm or corporation to make, continue or cause or permit to be made or continued any loud, raucous, unnecessary or unusual noise which annoys, disturbs, interferes with, injures or endangers the comfort, repose, health, peace or safety of others within the village.

§ 88-2 Duty of owner.

No person owning, occupying or having charge of any building or premises or any part thereof in the Village of Hewlett Neck shall make or cause or permit to be made in such building or upon such premises any loud, raucous, unnecessary or unusual noise which is prohibited by § 88-1.

§ 88-3 Prohibited actions.

The following acts are declared to be prohibited under this chapter, but such enumeration shall not be deemed complete or inclusive, namely:
A. 
The use or operation of any radio receiving set, television set, musical instrument, phonograph or sound amplifier, air conditioner, fan, lawn sprinkler or other similar mechanical device in such manner as to create any sound or noise exceeding 35 decibels at the adjoining property line.
B. 
The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, automobile horn or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or otherwise attracting the attention of the public.
C. 
Yelling, shouting, hooting, whistling or singing on the public streets between the hours of 11:00 p.m. and 8:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of any persons in the vicinity.
D. 
The discharge into the open air of the exhaust of any internal combustion engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
E. 
The use of any automobile, truck, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
F. 
The operation of tractors, earth-moving machines, cement mixers, cranes and other similar heavy machinery and construction equipment at any time on Saturdays, Sundays or legal holidays, or earlier than 8:00 a.m. or later than 6:00 p.m. on weekdays, except in cases of emergency in the interest of health and safety, and then only when a permit shall be issued by the Building Inspector for the period of such emergency.
[Amended 1-5-1998 by L.L. No. 1-1998; 3-2-2015 by L.L. No. 2-2015]
G. 
Construction, demolition, alteration or repair of any building or structure at any time on Sundays or legal holidays, or earlier than 8:00 a.m. or later than 6:00 p.m. on weekdays, or earlier than 9:00 a.m. or later than 5:00 p.m. on Saturdays, except in cases of emergency in the interest of health and safety, and then only when a permit shall be issued by the Building Inspector for the period of such emergency; provided, however, that construction, demolition, alteration or repair activities performed by persons who reside on the property are permitted on Sundays and legal holidays between the hours of 9:00 a.m. and 5:00 p.m.
[Amended 3-2-2015 by L.L. No. 2-2015]

§ 88-4 Disturbances.

No person shall make, aid, countenance, encourage or assist in making excessive or improper noise, riot or disturbance to the annoyance or inconvenience of the public or of persons residing in the vicinity.

§ 88-5 Noise within buildings.

[Amended 1-5-1998 by L.L. No. 1-1998]
No person, owning, occupying or having charge of any building or premises or any part thereof in the Village of Hewlett Neck between the hours of 11:00 p.m. and 8:00 a.m. Monday through Saturday and between the hours of 11:00 p.m. on Saturday and 8:00 a.m. on Monday, shall cause, suffer or allow any loud, excessive or unusual noise in the operation or use of any radio, phonograph, television or other mechanical or electrical sound-making or sound-reproducing device, instrument or machine, which loud, excessive or unusual noise shall disturb the comfort, quiet or repose of persons therein or in the vicinity.

§ 88-6 Noise outside buildings.

[Amended 1-5-1998 by L.L. No. 1-1998; 1-4-1999 by L.L. No. 1-1999]
A. 
Between the hours of 11:00 p.m. and 8:00 a.m. Monday through Saturday and between the hours of 11:00 p.m. on Saturday and 8:00 a.m. on Monday, no person shall use or operate or cause to be used or operated in front or outside of any building, place or premises in the Residence A, B, C or D Districts as established under Chapter 195, Zoning, or in or through any window, doorway or opening of such building, place or premises abutting on or adjacent to a public street or place or parkway, any device or apparatus for the amplification of sound from any radio, phonograph, television or other sound-making or sound-reproducing device.
B. 
No person shall operate any power or manual lawn mower or any power-assisted gardening equipment or devices outside of any building on Sundays or legal holidays, or earlier than 8:00 a.m. or later than 6:00 p.m. on weekdays, or earlier than 9:00 a.m. or later than 6:00 p.m. on Saturdays; provided, however, that such equipment may be operated between the hours of 9:00 a.m. and 6:00 p.m. on Sundays and legal holidays if not more than one such piece of equipment is in use at any one time and such use is by a person who resides on the property where the equipment is being operated. This subsection shall not preclude the operation at any time of such equipment as may reasonably be required in case of emergency conditions.
[Amended 3-2-2015 by L.L. No. 2-2015]

§ 88-7 Penalties for offenses.

[Added 1-5-1998 by L.L. No. 1-1998]
Any person, firm or corporation who or which shall violate the provisions of this chapter shall be punishable, upon conviction, as provided in Chapter 1, General Provisions, Article II.