[HISTORY: Adopted by the Board of Trustees of the Village
of West Hampton Dunes 9-8-1998 by L.L. No. 5-1998. Amendments noted where
applicable.]
Pursuant to § 10 of the Municipal Home Rule Law and
the Village Law of the State of New York, the Village of West Hampton
Dunes, County of Suffolk, and State of New York, hereby enacts as
Local Law No. 5 of 1998, this chapter entitled "Local Law No. 5 of
1998, A Local Law Amending Local Law No. 6 of 1996 of the Incorporated
Village of West Hampton Dunes, A Local Law Establishing Regulations
Regarding Noise."
This chapter is for the purpose of establishing regulations
regarding noise in the Village of West Hampton Dunes, and to provide
for and for the following purposes:
A.
Establishing regulations concerning noise in the Village of West
Hampton Dunes.
B.
To promote, in the public interest, regulations and enforcement of
those regulations.
C.
To provide for the safety and well-being of the residents of the
Village and their guests and visitors to the Village, in the Village,
and visitors to the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
Sound that reaches the point of interest by propagation through
air.
All engine or motor-powered equipment intended for infrequent
service work in inhabited areas, typically requiring commercial or
skilled operators. Examples of commercial service equipment are chain
saws, log chippers, paving rollers, etc.
Any powered device or equipment designed and intended for
use in construction. Examples of construction devices are air compressors,
bulldozers, backhoes, trucks, shovels, derricks and cranes.
The abbreviation for decibel.
The A-weighted sound level in decibels, as measured by a
general purpose sound level meter complying with the provisions of
the American National Standards Institute Specifications for Sound
Level Meters (ANSI S1.4 1971), properly calibrated, and operated on
the A-weighting network.
A unit for measuring the volume of a sound, equal to the
logarithm of the ratio of the sound pressure of the sound to the sound
pressure of a standard sound [0.0002 microbar]; abbreviated "dB."
The number of oscillations per second, expressed in hertz
(abbreviation "Hz").
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
outdoor equipment are lawn mowers, garden tools, riding tractors,
snowblowers, snowplows, etc.
The abbreviation for hertz, equivalent to cycles per second.
The presence of that amount of acoustic energy for that amount
of time necessary to:
Cause temporary or permanent hearing loss in persons exposed;
Otherwise be injurious, or tend to be, on the basis of current
information, injurious to the public health or welfare;
Cause a nuisance;
Exceed standards or restrictions established herein; or
Interfere with the comfortable enjoyment of life and property
or the conduct of business. The following are deemed to interfere
with the comfortable enjoyment of life and property or the conduct
of business:
Yelling, shouting, hooting, whistling or singing on the public
streets or from private property between the hours of 11:00 p.m. and
7:00 a.m. so as to annoy or disturb the quiet, comfort or repose of
person or persons in the vicinity.
The using of, operating 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 producing or reproducing
of sound between the hours of 11:00 p.m. and 7:00 a.m. in such manner
as to disturb the peace, quiet and comfort of the neighboring inhabitants.
Sound pressure level measured in standard octave bands with
sound level meter and octave band analyzer that meet ANSI S1.4 and
S1.11, or the latest revision thereof.
An individual, association, firm, syndicate, company, trust,
corporation, department, bureau or agency or any other entity recognized
by law as the subject of rights and duties.
All zoning districts in the Village of West Hampton Dunes.
No person or persons owning, leasing or controlling the operation
of any source of noise shall permit the establishment of a condition
of noise pollution. Except as provided in this chapter, the use of
amplifiers, speakers or other machines or devices capable of reproducing
amplified sound on the exterior of any premises, dwelling or building
within the Village shall be considered noise pollution and shall be
prohibited at all times.
A.
No person shall create or cause to be emitted any noise which, when
measured at or beyond any lot line of the property on which such noise
is being generated in a residential district, exceeds the following
standards:
(1)
From 7:00 a.m. to 7:00 p.m.:
(a)
Airborne sound is excess of 65 dBAs; or
(b)
Airborne sound which has an octave band sound pressure level
in decibels which exceeds the values listed below in one or more octave
bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
75
| |
|
63
|
70
| |
|
125
|
64
| |
|
250
|
57
| |
|
500
|
52
| |
|
1,000
|
49
| |
|
2,000
|
43
| |
|
4,000
|
40
| |
|
8,000
|
374
|
(2)
From 7:00 p.m. to 7:00 a.m.:
(a)
Airborne sound which has a sound level in excess of 50 dBAs;
or
(b)
Airborne sound which has an octave band sound pressure level
which exceeds the values listed below in one or more octave bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
75
| |
|
63
|
70
| |
|
125
|
64
| |
|
250
|
57
| |
|
500
|
52
| |
|
1,000
|
49
| |
|
2,000
|
43
| |
|
4,000
|
40
| |
|
8,000
|
37
|
B.
No person shall create or cause to be emitted any noise which, when
measured at or beyond any lot line of the property on which such noise
is being generated in a commercial or industrial district, exceeds
the following standards:
(1)
From 7:00 a.m. to 7:00 p.m.:
(a)
Airborne sound is excess of 70 dBAs; or
(b)
Airborne sound which has an octave band sound pressure level
in decibels which exceeds the values listed below in one or more octave
bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
85
| |
|
63
|
80
| |
|
125
|
74
| |
|
250
|
67
| |
|
500
|
62
| |
|
1,000
|
58
| |
|
2,000
|
53
| |
|
4,000
|
50
| |
|
8,000
|
475
|
(2)
From 7:00 p.m. to 7:00 a.m.:
(a)
Airborne sound is excess of 55 dBAs; or
(b)
Airborne sound which has an octave band sound pressure level
in decibels which exceeds the values listed below in one or more octave
bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
78
| |
|
63
|
73
| |
|
125
|
67
| |
|
250
|
60
| |
|
500
|
55
| |
|
1,000
|
51
| |
|
2,000
|
46
| |
|
4,000
|
43
| |
|
8,000
|
40
|
A.
The provisions of § 360-5 shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby except the following:
(1)
The intermittent or occasional use between 7:00 a.m. through 7:00
p.m. of homeowner's light residential outdoor equipment or commercial
service equipment, provided that said equipment and its use comply
with the other provisions hereof.
(2)
Construction activities Monday through Friday between 7:00 a.m. through
7:00 p.m., Saturday and Sunday between the hours of 9:00 a.m. through
7:00 p.m. and the associated use of construction devices or the noise
produced thereby, provided that such activities and such equipment
and their use comply with the other provisions hereof.
(3)
Agriculture.
(4)
Noise from church bells or chimes used in conjunction with religious
services.
(5)
Public celebrations.
(6)
Noise of aircraft flight operations.
(7)
The lawful operation of properly equipped motor vehicles on any public
way.
(8)
Noise from snowblowers, snowthrowers and snowplows when operated
with a muffler for the purpose of snow removal.
(9)
Noise generated from lawful athletic or recreational events held
on the property of the Village of West Hampton Dunes so suited for
such activities.
(10)
Organized activities sponsored by any school district, private
school or fire district or department within the Village of West Hampton
Dunes.
(11)
Noise from municipally sponsored celebrations or events.
(12)
Noise from lawful fireworks displays, parades, carnivals and
the like held in accordance with all pertinent provisions of the Village
of West Hampton Dunes Code.
(13)
Noncommercial public speaking and public assembly activities
conducted on any public space or public right-of-way.
(14)
Emergency construction or repair work performed by or authorized
by the State of New York, the County of Suffolk, the Village of West
Hampton Dunes, Long Island Lighting Company, New York Telephone or
any other recognized utility serving the area.
(15)
The activities of any Fire Department, ambulance squad, similar
emergency or rescue organization.
(16)
Noncommercial amplified sound that does not exceed the noise
standard established in this chapter.
Anyone present with several persons whose collective behavior
shall constitute noise pollution shall be rebuttably presumed to have
participated therein and shall be subject to all the provisions of
this chapter.
A.
Any person who shall violate the provisions of this chapter shall
be guilty of a violation punishable by a fine not exceeding $1,000
or by imprisonment not exceeding 15 days, or by both.
B.
In addition to any other remedy provided by law, the Village may
bring an injunction proceeding or any other appropriate civil proceeding
to enforce this chapter.
