[HISTORY: Adopted by the Board of Trustees of the Village of Saltaire 7-20-1991 as L.L. No. 2, 1991; Amended in its entirety by L.L. No. 5, 2001.]

GENERAL REFERENCES

Peace and good order -- See Ch. 38.

1. It is hereby found and declared that excessive and unnecessary noise within the Village of Saltaire affects and is a menace to the public health, safety, welfare and comfort of the inhabitants of the Village of Saltaire and that it is the policy of the Village of Saltaire to prevent unreasonably loud, disturbing and unnecessary noise which interferes with or infringes upon the peace and quiet of other persons. It is further found and declared that the use and operation of fans, blowers and compressors (hereafter "air conditioning equipment") in connection with the operation of air conditioning or air handling devices, which generate noise exceeding the limitations provided for in this Chapter 36 is in violation of the foregoing policy of the Village of Saltaire. It is further found that installation and use of air conditioning equipment has proliferated in the Village generating unacceptable noise levels in violation of the policy expressed in the preceding sentences; and pursuant to the police power granted by law to the Village it is found and declared that limitations on noise emanating from air conditioning equipment are necessary as provided in this amended Chapter 36. It is further found and declared that the use of machinery, equipment, fans or similar mechanical or electrically powered device (each herein a Device) which generate noise capable of being heard outside the perimeters of the parcel of land on which the Device is used may similarly disturb the peace and quiet of neighboring inhabitants. It is further declared that this chapter is enacted and has been amended to reduce the noise level within the Village and to preserve, protect and promote the public health, safety, welfare, convenience and peace and quiet within the Village.
2. It is intended that this chapter shall be liberally construed to effectuate the purposes described in these findings but is not intended to be construed so as to discourage the enjoyment by village residents of normal, reasonable and usual outdoor sports and outdoor activities.
3. Any air conditioning equipment now installed or hereafter intended to be installed on any residential parcel shall be caused to be sound attenuated so as to eliminate noise exceeding the standards promulgated in this Chapter.
4. The installation or the operation of air conditioning equipment: that discharges into any yard other than the rear yard; that extends into a rear yard by more than four feet; or; that extends past the side building line as projected to the rear lot line (as defined in Chapter 55, §55-10, Zoning) shall be unlawful.
5. The repeated operation of previously installed air conditioning equipment or the installation and repeated operation of air conditioning equipment subsequent to the date of amendment of this Chapter 36 (, 2001) shall be unlawful on any property in Saltaire, which air conditioning equipment is not enclosed in such sound attenuating barriers sufficient to prevent noise from such air conditioning equipment from interfering with the peaceful enjoyment of normal residential activities on any other residential parcel within the Village, including without limitation, disturbance of the sleep of an occupant of such other parcel.
6. It shall henceforth be the continued obligation of an owner of a parcel on which air conditioning equipment is installed to comply with noise limitation standards provided for in this Chapter 36 and the sound attenuation requirements provided in §36 D of this Chapter. The issuance of a building permit shall not be deemed to be a finding by the Building Inspector that sound attenuation provisions described on submitted building plans shall sufficiently attenuate sound in compliance with this Chapter. Every owner of a parcel on which air conditioning equipment is installed shall be continuously obligated to assure that no noise in violation of this Chapter shall emanate from his, her or its air conditioning equipment and shall cease operation of the air conditioning equipment until such owner installs sound attenuation facilities sufficient to attenuate noise from the air conditioning equipment to satisfy the provisions of this Chapter. Any operation of air conditioning equipment in violation of the provisions of this Chapter following any conviction of a violation hereunder, (or following a failure to appear in the Village Justice Court in response to a notice issued by a security officer alleging such violation) shall constitute a new and separate offense under the foregoing provisions.

Section 38-2 ("Noise") of Chapter 38 of this Code is hereby repealed.

1. The following acts, among others, are declared to be loud, disturbing, injurious, unnecessary and unlawful noises, in violation of this chapter, but this enumeration shall not be deemed to be exclusive; namely:

1. Continuous unnecessary and unreasonable yelling, shouting, hooting, whistling, singing or performing music on the public walks or from private property at any time, which noise is plainly audible and capable of disturbing the quiet, comfort or repose of a person or persons of normal sensitivities in the vicinity.
2. The use or operation of or permitting to be played, used or operated any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the production or reproduction of sound in such manner as to be capable of disturbing the peace, quiet and comfort of neighboring inhabitants and the use, operation or playing of any radio, phonograph or other electronic or mechanical audio device on any public walk or beach at any time, except through an earphone or other persona] listening device audible only to the user.
3. Sounding horns or other vehicular noises produced excessively or unnecessarily.
4. The making of any other unnecessary noise that violates the standards of this Chapter including noise disturbing to other reasonable persons of normal sensitivities.
5. The keeping or harboring of a dog or other animals which makes frequent or prolonged sounds that create unusual or unrenewable noise capable of being heard beyond a residential real property boundary.
6. (i)The operation of Air Conditioning Equipment or Devices that create unreasonable noise that is excessive or offensive and that is capable of being disturbing to a reasonable person or persons of normal sensitivities.

(a) the sworn testimony of a neighboring inhabitant of having heard

within the Village disturbing noise from an Air Conditioning

Equipment or a Device between the hours of 11:00 P.M. and 7:00

A.M. the following day; installed on another residential parcel.

1. No person or persons owning, leasing or controlling the operation of any sources of noise shall permit the establishment of a condition of unnecessary noise, as herein previously described.

The provisions of § 36-3 shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby, except for the following:

1. The intermittent or occasional use of homeowner's Light Residential Equipment or Devices between the hours 9:00am. through 5:00p.m. on weekdays and from 11:00 am through 400 p.m. on weekends and holidays and during the period from 5:00 p.m. on the Friday preceding Memorial Day through September 15 of each year, and from 7:30 am. to 5:00 p.m. during all other periods, provided that said Equipment or Device and its use comply with the other provisions hereof; and the equipment is being used in a normal manner.
2. Construction activities, including the use of Commercial Service Equipment or construction Devices provided that such activities comply with the provisions of § 18-10 (A) and (B) of this Code, and the associated use of Construction Devices or Commercial Service Equipment and the noise produced thereby, and provided that such activities and such Equipment and their use comply with the other provisions hereof.
3. Noise from church bells or chimes used in conjunction with religious or education purposes.
4. The emission of sound for the purpose of alerting persons to the existence of an emergency and the passage of vehicles for that purpose.
5. Temporary uses or activities not inconsistent with the policies expressed in § 36-1 of this chapter as may be granted by written permit issued by the Village Board or its delegate.
6. Official public celebrations.

As used in this chapter, the following terms shall have the meanings indicated:

• COMMERCIAL SERVICE EQUIPMENT -- All engine- or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of 11commercial service equipment'1 are chain saws, log chippers, power washers, etc.

• CONSTRUCTION DEVICE -- Any powered device or other equipment designed and intended for use in construction. Examples of '1construction devices11 are air compressors, bulldozers, saws, planers, generators, hammers, etc.

• EMERGENCY WORK -- The work or activity that is necessary to prevent or recover from an emergency, including but not limited to work to the repair of electric, gas, water and telephone services.

• HOMEOWNER'S LIGHT RESIDENTIAL EQUIPMENT -- All engine- or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of 'homeowner's light residential equipment are lawn mowers, garden tools, power saws, power drills, etc.

1. In determining whether unnecessary noise violative of this Chapter exists in a given situation, one or more of the following factors, among others, may be considered:

1. The intensity of the noise.
2. Whether the nature of the noise is usual, unusual or whether the origin of the noise is associated with natural or man-made activity.
3. Whether the noise is disturbing to a reasonable person of normal sensitivities.
4. The proximity of the noise to sleeping quarters.
5. The time of the day or night the noise occurs on neighboring residential property.
6. The duration of the noise.
7. Whether the sound source of the noise is temporary.
8. Whether the noise is continuous or impulsive.
9. The presence of discrete tones.
10. Whether alternate methods are available to achieve the objectives of the sound-producing activity.

1. The Board of Trustees shall monitor compliance with this chapter and, from time to time, adopt rules and regulations for the enforcement of the provisions of this chapter.