Village of Croton-on-Hudson, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Croton-on-Hudson 9-26-1994 by L.L. No. 9-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, § 1-12.
Alarm systems — See Ch. 70.
Blasting — See Ch. 81.
Firearms — See Ch. 123.
Noise in parks — See Ch. 168.
[1]
Editor's Note: This local law also supersedes former Ch. 160, Noise, adopted 10-3-1977 by L.L. No. 16-1977.
It is hereby declared to be the policy of the Village of Croton-on-Hudson to prevent excessive, unnecessary or unusually loud noise which may jeopardize the well-being, public health, comfort, convenience, safety and welfare of its citizens and the peace and quiet of its inhabitants. The provisions and prohibitions hereinafter contained shall not be utilized or construed in any manner so as to deny or limit any right or privilege granted and recognized by the First Amendment of the Constitution of the United States.
Unless otherwise indicated by context, the following terms and phrases shall have the following meanings:
DECIBEL(dB)
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 20 micronewtons per square meter.
HOLIDAYS
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
SOUND LEVEL
The sound-pressure level measured in decibels with a sound-level meter set to a weighting expressed in dB(A).
SOUND-LEVEL METER
An instrument for the measurement of sound levels which conforms to Type 1 or Type 2 standards under ANSI Specifications S1.4-1971 or the latest approved revision thereof.
UNREASONABLY INTRUSIVE
Any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities under the circumstances.
[Amended 12-4-1995 by L.L. No. 11-1995]
The standard or standards to be considered in determining whether a noise is an unreasonably intrusive noise which constitutes a prohibited noise shall include, but not be limited to, one or more of the following:
A. 
The volume of the noise.
B. 
The intensity of the noise.
C. 
Whether the nature of the noise is usual or unusual.
D. 
Whether the origin of the noise is natural or unnatural.
E. 
The volume and intensity of the background noise, if any.
F. 
The proximity of the noise to residential sleeping facilities.
G. 
The nature and the zoning district of the area within which the noise emanates.
H. 
The time of day or night the noise occurs.
I. 
The time duration of the noise.
J. 
Whether the noise is temporary.
K. 
Whether the noise is continuous or impulsive.
L. 
The presence of discrete tones.
The following acts, among others, are declared to be noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive:
A. 
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.
B. 
Playing, using, operating or permitting to be played, used or operated any radio, television, phonograph, musical instrument or instruments, loudspeaker, sound amplifier or other machine or device for the production or reproduction of sound so as to create an unreasonably intrusive noise.
C. 
Playing, using, operating or permitting to be played, used or operated any radio, television, phonograph, musical instrument or instruments, loudspeaker, sound amplifier or other machine or device for the production or reproduction of sound exceeding 65 dB(A) at any time within a residential district or within any other district exceeding 70 dB(A) between the hours of 10:00 p.m. and 8:00 a.m. Sunday through Saturday or exceeding 65 dB(A) between the hours of 11:00 p.m. Saturday and 10:00 a.m. Sunday or exceeding 65 dB(A) between the hours of 12:01 a.m. and 11:59 p.m. on holidays as defined in this chapter.
D. 
The keeping or harboring of any animal, fowl or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any person residing in the vicinity.
E. 
The blowing of any whistle attached to any stationary boiler, except to give notice of the time to begin work or stop work or as a warning of danger.
F. 
The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, air compressor, motorcycle engine or motor vehicle engine, except through a muffler or other device which effectively prevents loud, unusual or explosive noise so as to create unreasonably intrusive noise.
G. 
Construction work, including but not limited to building, repairing, blasting, grading, leveling and excavating, between the hours of 8:00 p.m. and 8:00 a.m. Sunday through Saturday and between the hours of 8:00 p.m. Saturday and 10:00 a.m. Sunday.
H. 
The operation of power lawn mowers, rakers or leaf blowers or other motor-driven lawn or garden equipment between the hours of 6:00 p.m. Sunday and 8:00 a.m. Monday, between the hours of 8:00 p.m. and 8:00 a.m. Monday through Friday, between the hours of 8:00 p.m. Friday and 9:00 a.m. Saturday, and between the hours of 6:00 p.m. Saturday and 10:00 a.m. Sunday.
[Amended 9-2-2008 by L.L. No. 5-2008; 9-6-2011 by L.L. No. 3-2011]
I. 
Playing, using, operating or permitting to be played, used or operated any radio, phonograph, musical instrument, loudspeaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets or other public places for advertising, soliciting or sales purposes.
J. 
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, except bells sounded by licensed mobile vendors, provided that the sound thereof is not audible more than 300 feet from said vehicle.
K. 
The making, continuing, causing or permitting to be made, verbally or mechanically, any unreasonable intrusive noise.
[Added 12-4-1995 by L.L. No. 11-1995]
The measurement of any sound or noise shall be made with a sound-level meter using an A-scale decibel level. The measurement shall be conducted at or within ten (10) feet of the property line of the property on which such noise is generated.
Any person violating any provision of this chapter shall, upon conviction, be punished as provided in § 1-12 of Chapter 1, General Provisions. Each day that a violation shall continue shall constitute a separate offense.
A. 
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 or the use of any bell, chimes or other instrument, apparatus or device by any church or synagogue, or school licensed or chartered by the State of New York, provided that such production or use does not occur between the hours of 10:00 p.m. and 8:00 a.m. of the following day.
B. 
Sounds created by any governmental agency or railroad agency by the use of public warning devices are exempted from the limitations of this chapter.
C. 
Sounds created by public utilities in carrying out the operations of their franchise are exempted from the limitations of this chapter.
D. 
Sounds connected with any organized sporting event of any public school conducted on public school property. For the purpose of this Subsection D, field days and sporting practices shall be deemed organized sporting events.
[Amended 9-6-2016 by L.L. No. 4-2016]
E. 
Sounds connected with activities and equipment of the Croton-on-Hudson Department of Public Works 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 generated or other conditions imposed for specific properties by actions of the Croton-on-Hudson Planning Board or by the actions of the Croton-on-Hudson Zoning Board of Appeals or required under other applicable laws or regulations.
The provisions of this chapter shall be enforced by the Police Department of the Village of Croton-on-Hudson, Code Enforcement Officers of the Village of Croton-on-Hudson or other officials designated by the Village Manager.
This chapter shall take effect immediately upon filing with the Secretary of State.