§ 50-6. Prohibited acts., Chapter 50. Noise Control, Code of Ordinances, Brookhaven

No person shall cause, suffer, allow or permit the following acts:

(1)

Sound reproduction systems: operating, playing or permitting the operation or playing of any radio, television, phonograph or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance for any person other than the operator of the device. However, the playing of bands or other music on any commercial property shall be governed by § 50-5.

(2)

Loudspeakers and public address systems: use or operation of any loudspeaker public address system or similar device between the hours of 10:00 p.m. and 7:00 a.m. in the following day during weekdays and between 10:00 p.m. and 11:00 a.m. in the following day on Saturdays and Sundays, except when used in connection with a public emergency by officers of any Police Department, Fire Department or of any municipal entity.

(3)

Animals and birds: owning, possessing or harboring any pet animal or pet bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line. For the purpose of this section, a "noise disturbance from a barking dog" shall be defined as that created by a dog barking continuously or intermittently for 15 minutes.

[Amended 5-5-1998 by L.L. No. 11-1998, effective 5-11-1998]

(4)

Loading and unloading: loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse or similar objects or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder or pellet form or compacting refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 10:00 p.m. and 6:00 a.m. and the following day when the latter is a weekday and between the hours of 10:00 p.m. and 7:00 a.m. the following day when the latter is on a holiday, except by permit, when the sound therefrom creates a noise disturbance across a residential real property line.

(5)

Standing motor vehicles: operating or permitting the operation of any motor vehicle or any auxiliary equipment attached to such a vehicle, for a period of longer than three minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion or emergency work, on a public right-of-way or public space within 150 feet (46 meters) of a residential area between the hours of 8:00 p.m. and 8:00 a.m. in the following day.

(6)

Motor vehicle repairs and testing: repairing, rebuilding, modifying or testing any motor or engine in such a manner as to exceed any applicable limit in across a residential area property line.

Editor's Note: Editor's Note: is included at the end of this chapter.

(7)

Construction: operating or permitting the operation of any tools or equipment used in construction, drilling, earth moving, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, except:

[Amended 12-15-1992 by L.L. No. 15-1992, effective 12-24-1992]

(a)

For emergency work.

(b)

By special variance issued pursuant to § 50-3.

(c)

(Reserved)

(d)

When the result of the operation of any of said equipment by or for any municipal agency.