Board of Trustees

MEETING NOTICE Village of Scarsdale A Work Session of the Scarsdale Village Board of Trustees is scheduled for 6:00 PM on Monday, November 7, 2022. The meeting will be held in Rutherford Hall located on the 2nd Floor in Village Hall. Members of the public wishing to participate in the meeting can do so via online link at https://zoom.us/j/93183703358, or call into the meeting using 1-929-436-2866 and entering the Meeting ID 931 8370 3358.* Agenda Noise Local Law CS: 11-02-22 E-MAIL: Journal News (Lohud) Scarsdale 10583 Scarsdale Hamlet Hub Scarsdale Inquirer The Daily Scarsdale cc: Lobby Bulletin Board *For a brief Zoom tutorial or to troubleshoot a problem, see here: https://support.zoom.us/hc/en- us/articles/205566129-Raise-Hand-In-Webinar. For other user questions, please visit the Zoom Help Center: https://support.zoom.us/hc/en-us.   Main Office 445 Hamilton Avenue White Plains, NY 10601 Phone 914.946.4777 Fax 914.946.6868 MEMORANDUM  Mid-Hudson Office 200 Westage Business Center Fishkill, NY 12524 Phone 845.896.0120  New York City Office TO: Mayor Veron and Members of the Board of Trustees 99 Madison Avenue of the Village of Scarsdale New York, NY 10016 Phone 646.794.5747 FROM: Keane & Beane, P.C. RE: Revisions to the Noise Ordinance of the Village of Scarsdale DATE: November 4, 2022 The Board of Trustees requested our office review and suggest revisions to the Village’s noise ordinance to provide the Village with quantitative enforcement tools to better address key sources of noise such as construction, stone cutting, amplified music, pool equipment, air condition condensers, and outdoor events. Under its police power, a municipality may regulate or prohibit noise that may affect public health or welfare. Governments have a legitimate interest in protecting the well-being, tranquility, and peace of their citizens, as well as their traditional public forums, such as village streets and parks. Any such government regulation, however, must be clearly and narrowly drawn in a manner that serves the governmental interest without regulating speech content or creating undue discretion in government officials to restrain speech. Ward v. Rock Against Racism, 491 U.S. 781, 109 S. Ct. 2746 (1989). A. Background on Noise Regulations Noise regulation “poses special problems of draftsmanship and enforcement” because the nature of sound "makes resort to broadly stated definitions and prohibitions not only common but difficult to avoid." People v. New York Trap Rock Corp., 57 N.Y.2d 371, 379, 456 N.Y.S.2d 711, 715 (1982). A noise ordinance must give a person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that they may act accordingly. Grayned v. City of Rockford, 408 U.S. 104, 108, 92 S.Ct. 2294, 2298-99 (1972). A statute is “unconstitutionally vague under the Due Process Clauses of the Federal and State Constitutions where it fails to give fair notice to the ordinary citizen that the prohibited conduct is illegal, and it lacks minimal legislative guidelines, thereby permitting arbitrary enforcement.” People v. Stephens, 28 N.Y.3d 307, 312, 44 N.Y.S. 3d 352 (2016). The courts rely on a two-part test to determine whether a statute is unconstitutionally vague. The first question considered is whether the statute is sufficiently clear to give a person of ordinary intelligence fair notice that their contemplated conduct is forbidden. The second question is whether the statute provides enforcement officials with clear standards to enforce the provisions of the legislation so as to avoid resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. Stephens, 28 N.Y.3d 307, 312; see also, People v. New York Trap Rock Corp., 57 N.Y.2d 371, 378, 456 N.Y.S.2d 711, 714 (1982). Page 1 of 12 In drafting the proposed local law, our office focused on creating legislation that is easy for the public and staff to follow, yet comprehensive and provides enforcement instruction to ensure that the public has a clear understanding of all actions prohibited in the Village by the noise ordinance and ensure that the Village’s officials can fairly enforce the provisions of the proposed local law. B. The Village’s Existing Code Municipal regulation of noise falls within two schemes: 1) an objective decibel-based ordinance, or 2) the unnecessary noise regulation. The Village currently regulates noise under Chapter 205 of the Village Code entitled “Noise,” which follows the “unnecessary noise” type regulation The current law regulates seven categories of noise based on a standard of whether the act produces an audible sound that is declared to be loud, disturbing and unnecessary (Village Code § 205-1). Chapter 205 also includes separate standards to regulate noise from outdoor power tools and construction activities (Village Code § 205-2) and mechanical equipment, including air-conditioning equipment and standby generators (Village Code § 205-3). The noise ordinance was amended on March 23, 2021, to regulate the noise from gasoline powered blowers. The current law is extremely limited in its scope and detail. For example, the current law does not contain any definitions, which would help better inform the public and enforcement officials on the requirements of the law. C. The Proposed Local Law In preparing the proposed local law, our office used a hybrid approach, combining aspects of both noise regulation regimes. The proposed local law still includes a blanket provision that no person shall make any noise disturbance, defined as “any excessive or unusually loud sound or any sound which either annoys disturbs, injuries or endangers the comfort, repose, health, peace or safety of a person of a reasonable person of normal sensibilities, or which causes injury to animal life or damage to property or business.” The proposed ordinance lists thirteen standards to be considered in determining whether unnecessary noise exists in a given situation. The Court of Appeals in People v. Stephens determined this standard is sufficiently definite to place a person on notice that an action that would annoy or disturb a reasonable person of normal sensibilities is forbidden conduct and provides and sets forth an objective standard that affords police a sufficiently clear standard for enforcement. In addition to the general prohibition on noise disturbance, the proposed local law includes specific decibel limitations for indoor and outdoor noise during daytime and nighttime hours. Daytime and nighttime hours are defined in the proposed local law and vary for weekdays, weekends, and holidays. The decibel sound level limits provide an objective standards enforcement officials can rely upon to determine if a sound violates the Village Code. In addition to the general prohibitions and the maximum permissible sound levels set forth in the proposed local law, the draft legislation also includes specific regulations for particular sources of noise. We have prepared a chart, attached hereto as Exhibit “A,” to provide a comparison of the Village’s current noise regulations and the noise regulations set forth in the proposed local law. The chart identifies the noise source and shows how such source is currently regulated and how such source would be regulated under the proposed local law. Page 2 of 12  D. Recommended Review of Decibels and Enforcement Training The maximum sound level limits set forth in the proposed local law are based on a survey of maximum sound levels adopted in municipalities in New York 1. Village staff should consider whether the decibel levels set forth in Section 205-4 of the proposed local law are appropriate for the Village of Scarsdale. Specifically, the Building Department and the Police Department should review the proposed local law to determine whether they have any concerns or comments concerning the categories of noise regulated, the exemptions, the proposed sound level limits and enforcement. The Village should consider hiring a noise consultant to perform a detailed evaluation to determine appropriate maximum sound level limits for indoor and outdoor noise. We also recommend that relevant Village enforcement officials be trained on how to effectively use noise meters to properly measure sound levels. In our experience, such training makes enforcement of a decibel-based ordinance efficient and comfortable for enforcement officials. E. Questions for Consideration In reviewing the proposed local law, the Board of Trustees should consider the following questions to determine what revisions may be necessary to the local law to best address the Village’s needs: 1. Are the proposed decibel levels set forth in Section 205-4 of the proposed local law appropriate for the Village of Scarsdale? 2. Are the decibel levels for standby or portable generators (Section 205-5.K) and mechanical equipment (Section 205-5.L) appropriate? 3. Does the Board of Trustees want to modify the uniform daytime and nighttime hours defined in the proposed local law? Would the Board of Trustees prefer to have different hours to limit each noise source? a. The proposed local law defines uniform daytime hours as 8:00 a.m. and 7:00 p.m. Monday through Friday, and 9: a.m.- 6:00 p.m. on weekends and legal holidays and defines uniform nighttime hours as 7:00 p.m.-8:00 a.m. Monday through Friday, and the hours between Saturdays between 6:00 p.m. and 9:00 a.m. on weekends and legal holidays. 2 b. For reference, the proposed local law prohibits the following sources of noise during nighttime hours: i. Sound production devices ii. Loudspeakers and public-address systems mounted outdoors 1 Municipalities reviewed include: Town of Bedford, City of Beacon, Town of New Castle, Village of Tarrytown, Village of Larchmont and Village of Ossining. 2 The definition of daytime and nighttime hours is based on adopted daytime and nighttime hours of other municipalities in Westchester County. Page 3 of 12  iii. Construction, repair and demolition. Operation of any tool or equipment used in construction is also further prohibited at all times on Sundays and legal holidays, excluding the operation of any tool or equipment that complies with the maximum permissible sound level limits. (It should be noted that blasting is not regulated based on the uniform hours set forth in the proposed local law. Blasting is prohibited between the hours of 4:00 p.m. and 8:00 a.m. Monday through Friday or at any time on weekends or legal holidays as set forth in Chapter 163 of the Village Code.) iv. The use of gasoline powered blowers from October 1 through December 31. (It should be noted that the use of gasoline powered blowers is prohibited from January 1 through September 30.) v. Power tools for landscaping and yard maintenance vi. Operation of a standby generator for regular testing vii. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat viii. Music performed in conjunction with any military or civic parade, funeral procession or religious service 4. Are there any additional acts, uses and activities that require specific regulation in the Village of Scarsdale? 5. Are there any additional exemptions to add to the proposed local law? Are there any exemptions that should be removed? 6. The Board of Trustees should consider if it would like to adopt additional regulations to address the issue of outdoor music. We have prepared the attached chart to clarify the options available to regulate outdoor music at a commercial facility or on residential properties, including an option to adopt a permit process to allow outdoor music on certain days. 7. The Board of Trustees should consider if it should adopt different regulations for amplified live music and amplified recorded music. 8. Is the Board of Trustees satisfied with the penalties set forth in the proposed local law? Page 4 of 12  EXHIBIT A COMPARISON OF NOISE REGULATIONS Noise Source Existing Regulation Proposed Regulation 3 Horns, signaling The sounding of any horn or signaling device Creating or emitting a noise which devices, etc. on any automobile, motorcycle or other vehicle, constitutes a noise disturbance by any other than an emergency vehicle, on any street manner, including but not limited to a or public place, except as a danger or burglar horn, siren, whistle, shout, bell, warning; the creation by means of any such musical instrument, tool or engine. signaling device of any unreasonably loud or harsh sound and the sounding of any such device for any unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or of any such signaling device when traffic is for any reason held up. Radios, televisions, The using, operating or permitting to be played, Operating, playing or permitting the electronic sound used or operated any radio receiving set, operation or playing of any sound reproduction devices, musical instrument or instruments, phonograph production device, in such a manner etc.: or other machine or device for the producing or as to create a noise disturbance during reproducing of sound in such manner as to nighttime hours at or within the real disturb the peace, quiet and comfort of the property line of the parcel of land in neighboring inhabitants or at any time with which the affected person is located. louder volume than is necessary for convenient Prima facie evidence of a violation of hearing for the person or persons who are this subsection and the creation of a voluntary listeners thereto. The operating of noise disturbance shall include, but any such set, instrument, phonograph, machine not be limited to, the operation of or device between the hours of 12:00 midnight such a device during nighttime hours and 7:00 a.m. in such manner as to be plainly in such a manner that it is plainly audible on adjacent properties shall be prima audible inside the dwelling of an facie evidence of a violation of this section. affected person, with all windows and doors closed. Using or operating any self-contained, portable, non-vehicular music or sound production device is prohibited any public space or public right-of- way in such a manner as to be plainly audible at a distance of 25 feet in any direction from the operator. Loudspeakers The using, operating or permitting to be played, Using or operating any loudspeaker, used or operated of any radio receiving set, public-address system or similar musical instrument, phonograph, loudspeaker, device at any commercial or industrial sound amplifier or other machine or device for facility is prohibited during nighttime the producing or reproducing of sound which is 3 All noise is subject to the sound level limits set forth in the Table 1, unless otherwise specified. Page 5 of 12 Noise Source Existing Regulation Proposed Regulation 3 cast upon the public street for the purpose of hours, unless it is for the purposes of commercial advertising or attracting the safety. attention of the public to any building or structure. Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing Noise disturbance standard applies. on the public streets or any public place, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in the vicinity. Animals The keeping or harboring of any animal which, It shall be unlawful for any property by causing frequent or loud continued noise, owner or tenant to allow any shall disturb the comfort or repose of any domesticated or caged animal to persons in the vicinity. create a sound across a real property line which creates a noise disturbance or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the noise disturbance when ordered to do so by a Noise Control Administrator. Prima facie evidence of a violation of this section shall include but not be limited to: (1) Vocalizing (howling, yelping, barking, squawking etc.) for five (5) minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or, (2) Vocalizing for ten (10) minutes intermittently, defined as an average of two vocalizations or more per minute in that period. (3) It is an affirmative defense under this subsection that the animal was intentionally provoked to bark or make any other noise Note: Roosters are prohibited in the Village of Scarsdale pursuant to Local Law 3 of 2022. Page 6 of 12 Noise Source Existing Regulation Proposed Regulation 3 Deliveries and pickups The making of deliveries of supplies or Regulated by the decibel restrictions in merchandise or collection of garbage or refuse the proposed local law. from any store or other place of business between the hours of 11:00 p.m. and 6:30 a.m. on weekdays, and 11:00 p.m. and 8:00 a.m. on weekends, except in the case of an emergency. Gasoline-powered Commencing in 2022, and in each calendar year Gasoline Powered Blowers: it shall be blowers thereafter, it shall be unlawful for any person, unlawful for any person, firm, firm, corporation, or other entity to operate a corporation, or other entity to operate gasoline-powered blower in the Village during a gasoline-powered blower in the the period from January 1 through September Village during the period from January 30. The use of gasoline powered blowers shall 1 through September 30. The use of be permitted in the Village from October 1 gasoline powered blowers shall be through December 31, which includes the permitted in the Village from October Village Fall Leaf Collection Program season but 1 through December 31 Tuesday only Tuesday through Friday, but not on through Friday during daytime hours, Federal legal holidays. Electric or battery which includes the Village Fall Leaf powered blowers are not subject to these Collection Program season. Gasoline restrictions. powered blowers shall not be used on legal holidays. The use of gasoline powered blowers shall be permitted during the period from January 1 through September 30 for a period of time not to exceed seven (7) days after significant storm events during other emergency circumstances as determined by the Superintendent of Public Works. The Superintendent of Public Works may extend the seven-day time period by issuing an official notification if, in his or her sole discretion, such additional time is deemed necessary. The sound level limits shall not apply to the legal operation of a gasoline powered blower. Construction noise It shall be unlawful for any person, firm, Operating or permitting the operation corporation or other entity to operate any of any tool or equipment used in engine-driven power tool or motorized construction, repair, demolition or equipment or to conduct noise-making excavation including, but not limited construction activity, including, but not limited to, hammering, ditch digging, to, hammering, ditch digging, scraping, scraping, unloading and vehicle unloading and vehicle backup signaling, after backup signaling, excluding the the hour of 9:00 p.m. and before the hour of operation of any tool or equipment Page 7 of 12 Noise Source Existing Regulation Proposed Regulation 3 8:00 a.m. on any weekday and before 10:00 a.m. used for emergency work, shall not be and after 5:00 p.m. on Saturdays, Sundays and permitted during nighttime hours or at Legal holidays. These restrictions do not apply any time on Sundays or legal holidays, to a governmentally recognized emergency. except that the operation of any tool or equipment not exceeding the sound level limits in Table 1 shall be permitted at any time. This section shall not apply to road maintenance/ improvement on preexisting roads or preventative maintenance on the sewer mains and pipes, on which daytime construction would prove disruptive to traffic flow. All motorized equipment used in construction and demolition activity shall be operated with a muffler The limits in Table 1 shall not apply to the legal operation of any tool or equipment used in construction, repair, demolition or excavation. Power tools for Regulated with construction noise. Operating power tools used for landscaping and yard landscaping and yard maintenance, maintenance excluding the operation of power tools necessary for emergency work, shall not be permitted during nighttime hours. All motorized equipment used in these activities shall be operated with a muffler. During daytime hours, the limits in Table 1 do not apply. Electric blowers are considered power tools. Mechanical equipment It shall be unlawful for any person in the It shall be unlawful for any person in operation of any air-conditioning equipment or the operation of any air-conditioning part thereof or any other type of mechanical equipment or part thereof or any equipment or apparatus installed on or other type of mechanical equipment connected to a structure, other than a or apparatus installed on or connected permanent standby generator, as defined in § to a structure, to make, continue or 310-2 of Chapter 310, Zoning, to make, cause to be made any noise continue or cause to be made excessive noise so disturbance. The sound level limit for as to cause annoyance, inconvenience or all mechanical equipment shall be 60 detriment to the public or to any person or dBA measured at the real property persons. Noise shall be considered excessive if line of the parcel of land in which the the sound level from the air-conditioning unit affected person is located. The limits or any other type of mechanical equipment or in Table 1 shall not apply to apparatus installed on or connected to a mechanical equipment. structure, other than a permanent standby Page 8 of 12 Noise Source Existing Regulation Proposed Regulation 3 generator, exceeds 55 decibels as measured on the A scale of a General Radio Company Type 1565-A level meter or American National Standards Institute, Inc., approved equivalent, when the meter is located at a point not nearer than the property line nearest to such air- conditioning unit, mechanical equipment or apparatus. Generators Permanent standby generators shall not exceed The operation of a standby or 70 decibels on the A scale as measured 23 feet portable generator is exempt from the from the unit, in maintenance operation as limits in this Chapter when there is a stated by the manufacturer’s specification, power outage. The regular which shall be submitted with the building testing/exercising of a generator must permit application, and as provided by § 310- be conducted on weekdays (Monday- 7S, except that permanent standby generators Friday) during daytime hours and for placed in the side yard in the A3, A4, and A5 the minimum duration suggested by zoning districts shall not exceed 66 decibels on the manufacturer. Such the A scale as measured 23 feet from the unit. testing/exercising of a generator shall not be conducted on any Legal Holiday. During such testing, the sound level limit shall be 70 dBA measured at the real property line of the parcel of land in which the affected person is located. No person shall at any time operate a generator during nighttime hours unless there is a power outage. Generators used on a permitted construction site may not exceed 65 dBA measured at the real property line of the parcel of land in which the affected person is located. Motor vehicles None. Operating or permitting the operation of any motor vehicle, or any auxiliary equipment attached to such a vehicle out of repair or in such a condition as to create a noise disturbance. No motor vehicle may be operated without a properly functioning muffler on a public right-of-way. The operation of a vehicle which is unmuffled or is equipped with straight pipes is a violation of this Chapter. Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in Page 9 of 12 Noise Source Existing Regulation Proposed Regulation 3 such a manner that it is plainly audible at distance of 25 feet in any direction from the operator. The horn or signaling device on any motor vehicle may not be operated, except when used as a danger or traffic warning signal, and such operation must terminate when the danger has passed. An exterior alarm of a motor vehicle must not audibly sound for more than five minutes continuously or 10 minutes intermittently. While operating within these parameters, the limits in Table 1 do not apply. It shall be unlawful to operate a motor vehicle in such a manner as to cause excessive squealing or other excessive noise of the tires. Blasting None (See Chapter 163 of the Village Code) Blasting is prohibited between the hours of 4:00 p.m. and 8:00 a.m. Monday through Friday or at any time on weekends or legal holidays and is further regulated by Chapter 163, Fireworks and Explosives, of the Village Code. The limits in Table 1 shall not apply to the legal blasting operations. Penalties Any person committing an offense against any By a fine not exceeding $250 for the provision of this chapter shall, upon conviction first violation. thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, For a second offense occurring within punishable by a fine not exceeding $250 or by one year of the first offense, a fine not imprisonment for a term not exceeding 15 days, exceeding $500. or by both such fine and imprisonment. For a third or further offense occurring within one year of the first offense, a fine not exceeding $1,000. Page 10 of 12  EXHIBIT B OPTIONS TO REGULATE OUTDOOR MUSIC OPTION #1 - Allow outdoor amplified music, any day, and regulate it pursuant to the limits in Table 1 during daytime hours. During nighttime hours, the applicable standard would be the prohibition against plain audibility inside a dwelling [Specific Prohibited Acts § 205-5(A)]. (This is the current restriction set forth in the proposed local law.) PROS – This is relatively simple. If the sound is below the permissible limit, it’s compliant. If it’s above, it’s not compliant. Objective limits allow for some level of activity, and a facility can calibrate their system to remain compliant, and/or conduct measurements to self-police to remain so. CONS – Outdoor music is a volitional noise. The facility chooses when, how and where to emit the noise. There are affected persons who do not want to be exposed to even compliant levels all of the time it would be permissible. OPTION #2 – Prohibit outdoor amplified music on non-residential properties PROS – This is very simple to enforce. If there is an outdoor speaker in use, it is a prima facie violation. No measurements are necessary. It is extremely protective of affected persons. CONS – This is very restrictive on the facilities and affords no opportunity for any outdoor amplified sound. This would apply even to those facilities utilizing background music for outdoor dining, and those with potentially sensitive receptors in close proximity. OPTION #3 – Annual permit, specified number of days/hours (e.g., 1 day per week). PROS – Same as Option #2. In addition, if there is amplified outdoor sound on a non- permitted day, simple observation of its use is prima facie evidence of a violation, and no measurements are required. The Village can limit the permits to allow music only on certain days or for a limited number of permitted days and can limit the hours such noise is permitted. Abutting properties can plan accordingly. The permit can include provision for revocation CONS – Outdoor music is a volitional noise. The facility chooses when, how and where to emit the noise. There are affected persons who do not want to be exposed to even compliant levels. However, this objection would be partially addressed by limiting the number of days/hours. If the choice is to permit outdoor amplified sound one day per week, and that day is not fixed (e.g., Saturdays), this will create a layer of complexity for enforcement officers who will have to check a master list to determine if outdoor amplification is permitted for that date at that facility. That list could be kept with the dispatcher. Page 11 of 12 Page 12 of 12 November 4, 2022 DRAFT LOCAL LAW NO. ____ OF 2022 VILLAGE OF SCARSDALE BOARD OF TRUSTEES PROPOSED LOCAL LAW TO AMEND CHAPTER 205 OF THE CODE OF THE VILLAGE OF SCARSDALE A LOCAL LAW to amend Chapter 205 of the Code of Village of Scarsdale concerning noise. BE IT ENACTED by the Village Board of Trustees of the Village of Scarsdale as follows: Section 1. Chapter 205 of the Code of the Village of Scarsdale entitled “Noise” is hereby repealed in its entirety. Section 2. Chapter 205 of the Code of the Village of Scarsdale entitled “Noise” is hereby adopted as follows: § 205-1 Findings and declarations. It is hereby found and declared that: A. The making, creation or maintenance of loud, unnatural or unusual noises, which are prolonged and unnatural in their time, place and use, affect and are a detriment to the public health, comfort, convenience, safety and welfare of the residents of the Village of Scarsdale. B. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are for the purpose of securing and promoting the public health, comfort, convenience, safety and welfare, and the peace and quiet of the Village of Scarsdale and its inhabitants. § 205-2 Definitions. As used in this Chapter, the following terms shall have the meanings as indicated: AFFECTED PERSON Any person who has lodged a noise complaint with the Building Department or Police Department that he or she is the receptor of Noise on property within the Village, and said Affected Person has an interest in the property as an owner, tenant, or employee. A noise compliant must be made in writing or verbally to an authorized Noise Control Officer. AMBIENT SOUND The sound level at a given location that exists as a result of the combined contribution in that location of all sound sources, excluding the contribution of the source or sources under investigation for potential violation of this Chapter and excluding the contribution of extraneous sound sources. Ambient sounds are differentiated from extraneous sounds by the fact that -1- November 4, 2022 ambient sounds are being emitted the majority of the time although they may not be continuous. Examples of ambient sounds may include steady traffic of properly muffled vehicles, summer insects in the distance, pedestrians talking, and adjacent commercial/industrial operations or mechanical equipment. COMMON WALL BUILDING Any building wherein there are two or more dwelling units. COMMERCIAL ESTABLISHMENT Any premises, property or facility involving traffic in goods or furnishing of services for sale or profit, including but not limited to: A. Banking or other financial institutions. B. Dining establishments. C. Establishments providing retail services. D. Establishments providing wholesale services. E. Establishments for recreation and entertainment, including the serving of alcohol. F. Golf course and membership clubs. F. Office buildings. G. Transportation. CONSTRUCTION Any site preparation, assembly, erection, repair, alteration, blasting or similar action, but excluding demolition of buildings or structures. CONTINUOUS SOUND Sound with a duration of one second or longer measured by the slow response of a sound level meter. Impulsive sounds that are rapidly repetitive and occur over a period of time with a duration of one second or longer shall be measured as continuous sound. CORRECTED SOURCE SOUND LEVEL The sound level attributable to the source or sources under investigation for potential violation of this Chapter, which is calculated by subtracting the measured ambient sound level from the measured total sound level. ELECTRIC OR BATTERY POWERED BLOWER Any stand-on, mounted, walk-behind, portable, handheld, or backpack style device that is powered by electricity or battery which is used to produce a stream of air for the purpose of blowing, moving or distributing leaves, grass clippings, dust, dirt trimmings from trees or shrubs and/or any other litter or debris. DAYTIME HOURS The hours between 8:00 a.m. and 7:00 p.m. Monday through Friday, and the hours between 9: a.m.- 6:00 p.m. on weekends and legal holidays. -2- November 4, 2022 dBA The sound level as measured using the "A" weighting network with a sound level meter meeting the standards set forth in American National Standards Institute S1.4-1983 or its successors. The unit of reporting is dB(A). The "A" weighting network discriminates against the lower frequencies according to a relationship approximating the auditory sensitivity of the human ear. DECIBEL The practical unit of measurement for sound pressure level. The number of decibels of a measured sound is equal to 20 times the logarithm to the base of 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals); abbreviated as "dB." DEMOLITION Any dismantling, intentional destruction or removal of buildings or structures. EMERGENCY WORK Any work or action necessary 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. EXTRANEOUS SOUND Any sound that is intense and intermittent and is neither ambient sound nor sound attributable to a source or sources under investigation for a potential violation of this chapter. Such sound includes but is not limited to sirens of emergency vehicles, unusually loud motor vehicle exhaust or braking, people shouting or talking next to the sound level meter, animal vocalizations, aircraft or trains passing, car door slams, etc. When conducting compliance measurements, such extraneous sound sources may be noted but their sound levels are excluded. GASOLINE POWERED BLOWER Any stand-on, mounted, walk-behind, portable, handheld, or backpack style device that is powered by a gasoline, diesel or similar fuel engine which is used to produce a stream of air for the purpose of blowing, moving or distributing leaves, grass clippings, dust, dirt, trimmings from trees and/or shrubs, or any other litter or debris. IMPULSIVE SOUND Any sound with a rapid onset and rapid decay with either a single pressure peak or a single burst (multiple pressure peaks) having a duration of less than one second. LEGAL HOLIDAYS A public holiday established by State or Federal Law. MOTORIZED EQUIPMENT Any power equipment utilizing an electric or internal-combustion engine. MOTOR VEHICLE Any vehicle that is propelled or drawn on land by an engine or motor. -3- November 4, 2022 MUFFLER A sound-dissipative device or system for abating the sounds of escaping gasses of an internal- combustion engine. MULTI-USE PROPERTY A building which is both commercial (usually on the ground floor) and residential property located above, behind, below or adjacent thereto. NIGHTTIME HOURS The hours between 7:00 p.m.-8:00 a.m. Monday through Friday, and the hours between 6:00 p.m. and 9:00 a.m. on weekends and legal holidays. NOISE CONTROL ADMINISTRATOR The Code Enforcement Officer, the Building Inspector of the Village of Scarsdale and/or the Village of Scarsdale Police Department. NOISE DISTURBANCE Any sound that: A. Endangers the safety or health of any person. B. Disturbs a reasonable person of normal sensitivities, or C. Endangers personal or real property. OUTDOOR SOUND Sound or noise originating or emanating from outside a building or structure. PERSON Any individual, corporation, company, association, society, firm, partnership or joint-stock company. PLAINLY AUDIBLE Any sound that can be detected by a Noise Control Administrator using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a sound production device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The investigator need not determine the title, specific words, or the artist performing the song. PUBLIC RIGHT-OF-WAY Any street, avenue, boulevard, road, highway, sidewalk, alley or parking lot used by members of the general public. PUBLIC SPACE Any real property or structures therein that are either owned, leased or controlled by a governmental entity. Public space includes but is not limited to parks, sports fields or lots. REAL PROPERTY LINE Either: A. the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property or establishment; -4- November 4, 2022 B. the vertical and horizontal boundaries of a dwelling unit that is part of a common wall building; or C. on a multi-use property as defined herein, the vertical or horizontal boundaries between the two portions of the property on which different categories of activity are being performed (e.g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area, or if there is an outdoor sound source such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit). SOUND LEVEL Unless otherwise stated, the sound pressure level measured in decibels with a sound level meter set for A-weighing; sound level is expressed in dBA. SOUND-LEVEL METER An instrument used to measure sound level which conforms to Type 1 or Type 2 standards specified by the American National Standards Institute “Specifications for Sound Level Meters” S1.4-1984 (or subsequent revisions). SOUND LEVEL METER CALIBRATOR An instrument used to conduct field calibration checks of a sound level meter, and which conforms to the American National Standards Institute “Specifications and Verification Procedures for Sound Calibrator” S1.40-2006 (or subsequent revisions). SOUND PRODUCTION DEVICE Any device whose primary function is the production of sound, including, but not limited to any musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment. TOTAL SOUND LEVEL The measured level which represents the sum of sound from the source or sources under investigation for potential violation of this code and the ambient sound sources, excluding any extraneous sound, when measured on the property of an affected person or at another specified location. § 205-3 Noise disturbance prohibited. It shall be unlawful for any person to make, continue, cause or allow, orally or mechanically, any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities, or which causes injury to animal life or damage to property or business. A. The general standards to be considered in determining whether such noise disturbance exists include, but are not limited to, the following: (1) The intensity of the noise under investigation for violation of this Chapter. (2) Whether the nature of the noise is usual or unusual. (3) Whether the origin of the noise is natural or unnatural. -5- November 4, 2022 (4) The volume and intensity of the ambient noise, if any. (5) The proximity of the noise to parks or other public places, hospitals, nursing homes, day-care centers or schools, and houses of worship. (6) The nature and the zoning district of the area within which the noise emanates. (7) Whether the noise trespasses into a residential dwelling and infringes on the ability of an affected person to repose or sleep, or trespasses into a commercial establishment and infringes on the ability of an affected person to conduct normal business activities. (8) The time of day or night the noise occurs. (9) The duration of the noise. (10) Whether the sound source is temporary. (11) Whether the noise is continuous or impulsive. (12) The presence of discrete tones. (13) Whether the emission of the noise is purposeful or unnecessary and serves no legitimate purpose. § 205-4 Sound level limits. A. No person shall operate or cause to be operated any source of sound from any property in such a manner as to create a sound level which exceeds the limits set forth in in Table 1, when measured at or within the real property line of the parcel of land in which the affected person is located. (1) Continuous Sound. The limit in Table 1 may not be exceeded in three or more measurement periods within any one-hour period. Each measurement period must be no less than one half minute. If the total duration of the sound under investigation is less than one- and one-half minutes, the requirement for a minimum of three measurements shall be waived. TABLE 1 MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS dB(A) Daytime Hours Nighttime Hours OUTDOORS 65 50 INDOORS1 50 40 1. Indoor measurements for compliance with Table 1 shall only be taken if the sound source is on or within the same building as the receiving building, as in the case of a common wall building or a multi-use property (e.g., sound -6- November 4, 2022 generated within a commercial unit of a multi-use property building and received within a residential unit of the same building). In addition, indoor measurements shall be taken if the real property line between the receiving property and the source property is a common wall, floor or ceiling. (2) Impulsive Sound: (a) No person shall make, cause, allow or permit the operation of any impulsive source of sound that has a maximum sound level in excess of eighty (80) dBA, when measured at or within the real property line of the parcel of land in which the affected person is located. If an impulsive sound occurs more frequently than ten (10) times in any half hour period, the maximum sound level limits set forth in Table 1 shall apply. At nighttime, if an impulsive sound occurs more frequently than four (4) times in any half hour the maximum sound level limits set forth in Table 1 shall apply. (b) If measurements of impulsive sound are conducted indoors, the permissible limit is sixty (60) dBA. If an impulsive sound occurs more frequently than ten (10) times in any half hour the maximum sound level limits set forth in Table 1 shall apply. At nighttime, if an impulsive sound occurs more frequently than four (4) times in any half hour the maximum sound level limits set forth in Table 1 shall apply. § 205-5 Specific prohibited acts, restricted uses and activities In addition to the general prohibitions set forth in § 205-3 and the maximum permissible sound levels set out in Table 1 in § 205-4, the following specific acts are hereby declared to be in violation of this Chapter. A. Sound production devices, commercial or residential: Operating, playing or permitting the operation or playing of any sound production device, in such a manner as to create a noise disturbance during nighttime hours at or within the real property line of the parcel of land in which the affected person is located. Prima facie evidence of a violation of this subsection and the creation of a noise disturbance shall include, but not be limited to, the operation of such a device during nighttime hours in such a manner that it is plainly audible inside the dwelling of an affected person, with all windows and doors closed. B. Loudspeakers and public-address systems mounted outdoors: Using or operating any loudspeaker, public-address system or similar device at any commercial or industrial facility is prohibited during nighttime hours, unless it is for the purposes of safety. C. Self-contained, portable, non-vehicular music or sound production devices: Using or operating any self-contained, portable, non-vehicular music or sound production device is prohibited in any public space or public right-of-way in such a manner as to be plainly audible at a distance of 25 feet in any direction from the operator. D. Animals: It shall be unlawful for any property owner or tenant to allow any domesticated or caged animal to create a sound across a real property line which creates a noise disturbance or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the noise disturbance when ordered to do so by a Noise Control Administrator. Prima facie evidence of a violation of this section shall include but not be limited to: (1) Vocalizing (howling, yelping, barking, squawking, etc.) for five (5) minutes without interruption, defined as an average of four or more vocalizations per minute in that -7- November 4, 2022 period; or, (2) Vocalizing for ten (10) minutes intermittently, defined as an average of two vocalizations or more per minute in that period. (3) It is an affirmative defense under this subsection that the animal was intentionally provoked to bark or make any other noise. E. Motor vehicles: The registered owner of the vehicle, if present when the violation occurs, is in violation of this section. If the owner of the vehicle is not present, the violation will be served upon the person in charge or control of the vehicle, or anyone who assists in the production of the sound that is found to be in violation. (1) Operating or permitting the operation of any motor vehicle, or any auxiliary equipment attached to such a vehicle out of repair or in such a condition as to create a noise disturbance. (2) No motor vehicle may be operated without a properly functioning muffler on a public right-of-way. The operation of a vehicle which is unmuffled or is equipped with straight pipes is a violation of this Chapter. (3) Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at distance of 25 feet in any direction from the operator. (4) The horn or signaling device on any motor vehicle may not be operated, except when used as a danger or traffic warning signal, and such operation must terminate when the danger has passed. (5) An exterior alarm of a motor vehicle must not audibly sound for more than five minutes continuously or 10 minutes intermittently. While operating within these parameters, the maximum sound level limits in Table 1 do not apply. (6) It shall be unlawful to operate a motor vehicle in such a manner as to cause excessive squealing or other excessive noise of the tires. F. Construction, repair and demolition: Operating or permitting the operation of any tool or equipment used in construction, repair, demolition or excavation including, but not limited to, hammering, ditch digging, scraping, unloading and vehicle backup signaling, excluding the operation of any tool or equipment used for emergency work, shall not be permitted during nighttime hours or at any time on Sundays or legal holidays, except that the operation of any tool or equipment not exceeding the sound level limits in Table 1 shall be permitted at any time. This section shall not apply to road maintenance/ improvement on preexisting roads or preventative maintenance on the sewer mains and pipes, on which daytime construction would prove disruptive to traffic flow. All motorized equipment used in construction and demolition activity shall be operated with a muffler. The limits in Table 1 shall not apply to the legal operation of any tool or equipment used in construction, repair, demolition or excavation. G. Blasting: Blasting is prohibited between the hours of 4:00 p.m. and 8:00 a.m. Monday through Friday or at any time on weekends or legal holidays and is further regulated by Chapter 163 of the Village Code, Fireworks and Explosives. The limits in Table 1 shall not apply to the legal -8- November 4, 2022 blasting operations. H. Gasoline Powered Blowers: It shall be unlawful for any person, firm, corporation, or other entity to operate a gasoline-powered blower in the Village during the period from January 1 through September 30. (1) The use of gasoline powered blowers shall be permitted in the Village from October 1 through December 31, Tuesday through Friday during daytime hours, which includes the Village Fall Leaf Collection Program season. The use of gasoline powered blowers shall not be permitted on legal holidays at any time of year. (2) The use of gasoline powered blowers shall be permitted during the period from January 1 through September 30 for a period of time not to exceed seven (7) days after significant storm events or during other emergency circumstances as determined by the Superintendent of Public Works and announced on the Village website. The Superintendent of Public Works may extend the seven-day period by issuing an official notification if, in his or her sole discretion, such additional time is deemed necessary. (3) The limits in Table 1 shall not apply to the legal operation of gasoline powered blowers. (4) Electric or battery powered blowers are not subject to the restrictions set forth in this Subsection H. The use of all electric or battery powered blowers shall be permitted pursuant to Subsection I of this Section. I. Power tools: Operating power tools used for landscaping and yard maintenance, excluding the operation of power tools necessary for emergency work, shall not be permitted during nighttime hours. All motorized equipment used in these activities shall be operated with a muffler. During daytime hours, the limits in Table 1 do not apply. J. Miscellaneous sound producers: Creating or emitting a noise which constitutes a noise disturbance by any manner, including but not limited to a horn, siren, whistle, shout, bell, musical instrument, tool or engine. K. Standby or portable generators: The operation of a standby or portable generator is exempt from the limits in this Chapter when there is a power outage. The regular testing/exercising of a generator must be conducted on weekdays (Monday-Friday) during daytime hours and for the minimum duration suggested by the manufacturer. Such testing/exercising of a generator shall not be conducted on any Legal Holiday. During such testing, the sound level limit shall be 70 dBA measured at the real property line of the parcel of land in which the affected person is located. No person shall at any time operate a generator during nighttime hours unless there is a power outage. Generators used on a permitted construction site may not exceed 65 dBA measured at the real property line of the parcel of land in which the affected person is located. L. Mechanical equipment: It shall be unlawful for any person in the operation of any air- conditioning equipment or part thereof or any other type of mechanical equipment or apparatus installed on or connected to a structure, to make, continue or cause to be made any noise disturbance. The sound level limit for all mechanical equipment shall be 60 dBA measured at the real property line of the parcel of land in which the affected person is located. The limits in Table 1 shall not apply to mechanical equipment. M. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in -9- November 4, 2022 such a manner as to cause a frequent, repetitive or continuous noise disturbance across the real property line of the parcel of land in which the affected person is located or during nighttime hours is prohibited. When these activities are conducted during daytime hours, and do not cause a noise disturbance, the limits in Table 1 do not apply. § 205-6 Exemptions. The following sounds are exempt from the sound level limits of this Chapter: A. Sounds from power tools used for landscaping, lawn mowers and garden equipment, excluding gasoline blowers, when operated during daytime hours. All motorized equipment used in these activities shall be operated with a muffler. B. Sounds produced in conjunction with any military or civic parade, funeral procession or religious services. C. Sound from a snow blower, snow thrower, electric snow shovel or snowplow used for the purpose of snow removal during daytime hours. D. Sound from an exterior burglar alarm of any building, provided that such alarm shall terminate within 15 minutes after it has been activated. E. Sound used for the purposes of alerting a person of an emergency. F. Sound from the performance of emergency work. G. Sound from a municipally sponsored event. Permitted events are subject to the conditions of the permit, which may include restrictions on the hours of operation and alternative sound level limits. H. National warning system (NAWAS); systems used to warn the community of attack or imminent public danger such as flooding, explosion or hurricane. I. Sounds from municipal-sponsored projects, work or repairs as ordered by the Village Manager, or his or her designee, including public or private garbage pickup. J. Motor vehicles on public roadways otherwise in compliance with § 205-5E. K. The unamplified human voice is exempt from the sound level limits of this Chapter; however, it may be determined that an individual is creating a noise disturbance pursuant to § 205-3. L. Surface carriers engaged in commerce by railroad. M. Noise of aircraft flight operations. N. Music performed in conjunction with any military or civic parade, funeral procession or religious service, provided that such performance or activity does not occur during nighttime hours. O. Sounds generated by, or associated with, organized sporting events of any public or private school or generated by, or associated with, any sport or recreational activity sponsored or permitted by the Village. -10- November 4, 2022 § 205-7 Inspections. A. For the purpose of determining compliance with the provisions of this Chapter, the Noise Control Administrator or his or her designated representative is hereby authorized to make inspections of all noise sources and to take measurements and make tests whenever necessary to determine the quantity and character of noise. B. No person shall refuse to allow the Noise Control Administrator or his or her designated representative to perform reasonable sound testing on any device or devices, including but not limited to requiring the temporary shutting down of said device or devices for the purposes of such testing. Upon a showing that the inspection would produce a noticeable interruption of services that would cause discomfort to employees or customers or require a building engineer or other professional to work with the equipment, such authorized employee shall reschedule the inspection for a more convenient time. C. In the event that any person refuses or restricts entry and free access to any part of a premises or refuses inspection, testing or noise measurement of any activity, device, facility or process where inspection is sought, the Noise Control Administrator and/or designated representative may seek from the appropriate court a warrant without interference, restriction or obstruction, at a reasonable time, for the purpose of inspecting, testing or measuring noise. D. No person shall hinder, obstruct, delay, resist, prevent in any way, interfere or attempt to interfere with any authorized person while in the performance of his/her duties under this Chapter. § 205-8 Enforcement The Code Enforcement Officer, the Building Inspector of the Village of Scarsdale and/or the Village Police Department is hereby empowered and authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this Chapter. § 205-9 Penalties for offenses. Violation of this chapter shall be punishable as follows: A. By a fine not exceeding $250 for the first violation. B. For a second offense occurring within one year of the first offense, a fine not exceeding $500. C. For a third or further offense occurring within one year of the first offense, a fine not exceeding $1,000. D. Each day that a violation of this chapter exists may constitute a separate violation. If the sound source found to be in violation is a sound production device, each separate hour in which a violation of this chapter exists may constitute a separate violation. The owner of the property and/or the owner of the commercial establishment from which sound is emitted and the person causing the generation of the sound may be separately liable for a violation of this Chapter. -11- November 4, 2022 Section 3. Numbering for Codification It is the intention of the Village of Scarsdale and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Village of Scarsdale; that the sections and subsections of this Local Law may be re-numbered or re-lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word “ Local Law” shall be changed to “ Chapter,” “ Section” or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section4. Severability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section5. Effective Date This local law shall take effect immediately upon filing with the Office of the Secretary of State. -12-