[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.]
[Added 3-2-2015 by L.L. No. 2-2015]
As used in this chapter, the following terms shall have the
meanings herein indicated:
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.
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.
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.
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 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;
provided, however, that construction, demolition, alteration or repair
activities performed by persons who reside on the property are permitted
on Saturdays, 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; 11-16-2020 by L.L. No. 3-2020]
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.
[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.
[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 Saturdays,
Sundays or legal holidays, or earlier than 8:00 a.m. or later than
6:00 p.m. on weekdays; provided, however, that such equipment may
be operated between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays,
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; 11-16-2020 by L.L. No. 3-2020]
