[HISTORY: Adopted by the Board of Trustees
of the Village of Ocean Beach 4-14-1979 by L.L. No. 1-1979 as Article XVIII of
the 1951 Code of Ordinances. Amendments noted where applicable.]
This chapter shall be known as the "Noise Control
Law of the Village of Ocean Beach."
[Amended 3-27-2010 by L.L. No. 3-2010]
A.
The Village
of Ocean Beach (VOB) was founded as a community dedicated to the enjoyment
of the natural features of a barrier beach and to allowing its citizens
quiet repose and the pleasures of sun, fresh air and surf. As an incorporated
village within the Fire Island National Seashore, the Village of Ocean
Beach possesses certain features that contribute to generally low
ambient natural noise levels reflective of rural areas, especially
the lack of mobile sources of noise such as highway traffic. The low
ambient natural noise levels, the often damp environment and the close
proximity of homes to each other, as well as the mostly wood building
materials used for home construction, mean that sound from any source
can be unusually disturbing to the quiet repose of the Village and
its citizens. It is therefore declared to be the policy of the Village
Board of Trustees (VBOT) to act effectively to prevent unreasonably
loud, disturbing and unnecessary noise. It is also the policy of the
Village Board of Trustees to reduce the noise level within the Village
so as to preserve, protect and promote the public health, safety and
welfare and to foster convenience, peace and quiet within the Village
by the inhabitants and transients within the Village of Ocean Beach.
B.
It is further
found by the Village BOT that the installation, use and operation
of fans, blowers, compressors, pumps used for hot tubs and swimming
pools, air conditioning or air handling and circulation devices have
proliferated in the VOB, and, in many cases, these devices generate
unacceptable and unreasonable noise levels in neighboring properties
and public areas, in violation of the policy noted above. It is further
found and declared by the VBOT that the use of machinery, equipment,
fans, or similar mechanical or electrically powered devices which
generate noise capable of being heard outside the perimeters of the
parcel of land on which the devices are used may similarly disturb
the peace and quiet of neighboring inhabitants and the public.
C.
The Village
Board finds that every person is entitled to have maintained noise
levels that are not detrimental to life, health and enjoyment of property
and that excessive and unnecessary noise within the Village of Ocean
Beach affects, and is a menace to, public health, safety and welfare
and the comfort and quiet repose of the people of the Village of Ocean
Beach. This code shall be liberally construed so as to effectuate
the purpose described in this section.
A.
All terminology defined herein which relates to the
nature of sound and the mechanical detection and recordation of sound
is in conformance with the terminology of the American National Standards
Institute or its successor body.
B.
AMBIENT NOISE
AUXILIARY CIRCULATION DEVICE
A-WEIGHTED SOUND LEVEL DB(A)
BOARD OF VILLAGE TRUSTEES
CIRCULATION DEVICE
COMMERCIAL
CONTINUOUS SOUND
DAY
DECIBEL (dB)
DISCRETE (PURE) TONE
EMERGENCY
EMERGENCY WARNING DEVICE
IMPULSE SOUND
MUFFLER OR SOUND DISSIPATIVE DEVICE
NIGHT
PEAK SOUND PRESSURE LEVEL
PERSON
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY BOUNDARY
RESIDENTIAL
SOUND
SOUND LEVEL
SOUND LEVEL METER
SOUND PRESSURE LEVEL
SOUND REPRODUCTION DEVICE
UNREASONABLE NOISE
VEHICLE
VESSEL
VIBRATION
WITHIN THE COMMERCIAL AREA
As used in this chapter, the following terms shall
have the meanings indicated:
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources, near and far.
[Amended 3-27-2010 by L.L. No. 3-2010]
Any circulation device that directs airflow outside the building
perimeter and is not required to meet the needs for heating, ventilation
and air conditioning of an entire residential building. Auxiliary
circulation devices include circulation devices used to heat and pump
water into swimming pools, hot tubs, etc. Auxiliary circulation devices
include built-in portable window air-conditioning units and other
ventilation units.
[Added 3-27-2010 by L.L. No. 3-2010]
The sound pressure level in decibels as measured on a sound
level meter using the A-weighted network. The level so read is designated
"dB(A)."
Shall be comprised of the following body of elected officials
from the Village of Ocean Beach: the Mayor and four Village Trustees,
and shall be referred to as the "Board," the "Village Board" or the
"VBOT."
[Amended 3-27-2010 by L.L. No. 3-2010]
Any device which circulates a gas or fluid, including, but
not limited to, any air conditioner, heat pump, pump, pump used to
circulate water in a hot tub or swimming pool, cooling tower, fan
or blower. A circulation device shall be deemed an accessory structure
for purposes of this code.
[Added 3-27-2010 by L.L. No. 3-2010]
Those areas designated "C" on the Village of Ocean Beach
Zoning Map adopted October 7, 1978, and the waters of the Great South
Bay within the jurisdiction of the Village.
Any sound that is not impulse sound.
The hours of 8:00 a.m. through 10:00 p.m.
[Amended 3-27-2010 by L.L. No. 3-2010]
A unit for measuring the pressure level of sound and is a
logarithm of a ratio of two values of power. For the purpose of this
chapter, a decibel is equal to 20 times the logarithm to the base
10 of the ratio of the pressure of the sound measured to the reference
pressure, said reference pressure is 20 micropascals (20 micronewtons
per square meter).
Any sound which can be distinctly heard as a single pitch
or a set of single pitches.
Any occurrence or circumstance involving actual or imminent
physical or property damage which demands immediate action.
Any sound signal device that is to warn of an emergency.[1]
Sound characterized by brief duration of sound pressure which
exceeds the ambient sound, including but not limited to the sound
caused by the base of a sound reproduction device.
A device for abating the sound emanating from a sound source,
and effective in reducing noise.
The hours of 10:00 p.m. through 8:00 a.m.
[Amended 3-5-1983 by L.L. No. 6-1983; 8-10-1996 by L.L. No.
9-1996; 3-27-2010 by L.L. No. 3-2010]
The maximum absolute value of the instantaneous sound pressure
level during a specified time interval.
Any individual, association, partnership, corporation or
other entity and includes any officer, employee, department or agency
of the above.
Any street, sidewalk or alley or similar place which is owned
or controlled by the Village of Ocean Beach, including but not limited
to walks, no matter how designated.
Any real property or structure thereon which is owned, controlled
or leased by the Village of Ocean Beach, including but not limited
to the beaches of the Village.
An imaginary line along the ground surface and its vertical
extension, which separates the real property owned by one person from
that owned by another person or from any public right-of-way or from
any public space.
[Amended 3-5-1983 by L.L. No. 6-1983]
Those areas designated R-4 and D-D on the Village of Ocean
Beach Zoning Map adopted October 7, 1978, and the waters of the Atlantic
Ocean within the jurisdiction of the Village.
An oscillation in pressure, particle velocity or other physical
parameter, in a medium with internal forces that cause compression
and rarefaction of the medium.
The quantity in decibels, measured by a sound level meter
satisfying the requirements of American National Standards Institute
specifications for sound level meters.
An instrument used to measure sound pressure levels and can
include a microphone, amplifier, an output meter and frequency weighting
network.
Twenty times the logarithm to the base 10 of the ratio of
the root mean squared sound pressure to the reference pressure, said
reference pressure being 20 micropascals (20 micronewtons per square
meter).
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any amplified musical instrument, radio, television, tape recorder,
phonograph, loudspeaker, public-address system or any other sound-amplifying
device.
[Amended 3-5-1983 by L.L. No. 6-1983]
Any land or amphibian conveyance propelled by either an internal
source or self-propelled.
Includes every description of watercraft, used or capable
of being used as a means of transportation in, on or upon water, including
but not limited to nondisplacement craft and seaplanes.
An oscillatory motion of solid bodies of deterministic or
random natures described by displacement, velocity or acceleration
with respect to a given reference point.
Sound emanating from a source within the commercial area.
Sound shall not be considered to be within the commercial area if
it is projected into, heard or felt in a residential area, and such
sound shall be considered to be within the residential area and governed
by the rules relating thereto.
[Amended 3-5-1983 by L.L. No. 6-1983]
[1]
Editor's Note: The former definition of "evening," as amended,
which immediately followed this definition, repealed 3-27-2010 by
L.L. No. 3-2010.
No person shall make, cause or permit to be
made any unreasonable noise within the geographical boundaries of
the Village or within those areas over which the Village has jurisdiction,
including the waters adjacent to the Village, the beaches or those
areas to the east and west of the Village.
[Amended 3-5-1983 by L.L. No. 6-1983; 4-11-1992 by L.L. No.
2-1992]
Any of the following acts and causes thereof
which either annoy, disturb, injure or endanger the comfort, repose,
health, peace or safety of a reasonable person of normal sensibilities
is declared to be in violation of this chapter and to constitute unreasonable
noise:
A.
The use of any sound reproduction device outside a
structure, either on private property or on a public right-of-way
or public space, at any time within the residential areas or within
the commercial areas; or inside a structure in such a manner as to
result in the sound or any part thereof from such apparatus to be
projected therefrom outside of the structure or out of doors at any
time within the residential areas or during night hours in the commercial
areas. Sound which crosses any real property boundary shall be deemed
to be projected within the meaning of this chapter. Nothing within
this subsection shall be construed to prevent the operation of any
such apparatus by any person within any building or structure, provided
that the sound therefrom or any part thereof is not projected outside
of any building or out of doors or to prohibit the use of any apparatus
with a personal earphone so that the sound therefrom or any part thereof
is not audible to persons other than the user of the earphone.
B.
The keeping of any animal or bird which, by causing
noise, shall annoy or disturb the quiet, comfort or repose of a reasonable
person of normal sensitivities. It shall be considered unreasonable
if the disturbance can be heard in a neighboring property for five
minutes or the disturbance occurs repeatedly at a frequency of three
or more times per day and for more than one day a week.
[Amended 3-27-2010 by L.L. No. 3-2010]
C.
The erection, alteration or repair of any building
or structure between 7:00 p.m. and 8:00 a.m. at any time, and at any
time on Sunday, except in case of urgent necessity in the interest
of public safety as determined by applicable laws in the Code of the
Village of Ocean Beach.
D.
The shouting, crying or bellowing of peddlers, hawkers
and vendors.
E.
The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention to any business.
F.
Yelling, shouting or hooting at any time or place
so as to annoy or disturb the quiet, comfort and repose of a reasonable
person of normal sensitivities.
G.
The sounding of any horn or other auditory signaling
device on or in any vehicle or vessel except to serve as a danger
warning.
H.
The operation of any engine-powered motorboat at any
time, at any speed or under any condition of load, acceleration or
deceleration or in any manner whatsoever as to exceed a sound level
of 80 dB(A) at any shoreline.
I.
The operation of any sound reproduction device on
a vessel so that the sound therefrom is audible on land.
J.
Any excessive or unusually loud sound which either
annoys, disturbs, injures or endangers the comfort, repose, health,
peace or safety of a reasonable person of normal sensitivities.
K.
Any excessive
or unusually loud sound or conversation from the use of outdoor swimming
pools or hot tubs. It shall be considered unreasonable if the conversation
can be heard and understood by a person of normal sensitivities inside
the house of any neighboring property.
[Added 3-27-2010 by L.L. No. 3-2010]
[Amended 3-5-1983 by L.L. No. 6-1983; 8-10-1996 by L.L. No.
9-1996; 3-27-2010 by L.L. No. 3-2010]
In addition to those specific prohibitions set forth in § 112-5 hereof, the following general prohibitions shall apply in determining unreasonable noise:
A.
Residential. No person shall make or cause, permit,
or allow any sound or vibration which crosses the real property boundary
of either commercial or residential property into any residential
area or public right-of-way or public space within a residential area
in excess of the following:
(1)
For continuous sound and vibration during the day,
as defined: 50 dB(A).
(2)
For impulse sound during the day, as defined: 50 dB(A).
(3)
For continuous sound and vibration during the night,
as defined: 45 dB(A).
(4)
For impulse sound during the night, as defined: 42
dB(A).
(5)
The
noise code restricts the decibel level generated by music emanating
from businesses in the commercial district and escaping into the streets
and residences of an adjoining residential district. Sound levels
may not exceed 42 dB(A) as measured from within a residence or may
not exceed 7 dB(A) above the ambient level as measured from a street,
walkway or public right-of-way 15 feet or more from the source during
night hours.
B.
Commercial. No person shall make or cause, permit,
or allow any sound or vibration which crosses the real property boundary
of any commercial property into any commercial area or public right-of-way
or public space within said commercial area in excess of the following:
[Added 3-27-2010 by L.L. No. 3-2010]
A.
New circulation devices.
(1)
On and after the effective date of this section, all circulation
devices intended to be installed on any residential parcel shall be
sound attenuated, as described below, so as to eliminate unnecessary
and unreasonable noise exceeding the standards promulgated in this
chapter and shall require a permit to install, granted by the Building
Inspector of the VOB. All permit applications will list the proposed
location, size, dimensions and sound attenuation/mitigative measures.
If multiple devices are intended to be installed on a given parcel,
only one permit will be required as long as the location and specifications
of each device, including any proposed sound attenuation or mitigative
measures, are listed separately.
(2)
If the above installation is part of any construction project
requiring a building permit, the permit to install a new circulation
device or devices shall be included with the building permit application
at no additional cost.
(3)
The installation or the operation of any circulation device
shall be in compliance with the Code of the Village of Ocean Beach.
(4)
In granting a permit to install a circulation device, the Building
Inspector or Code Enforcement Officer will examine the permit, the
location of the devices to adjoining properties and whether the most
highly impacted areas are recreational (deck), living space or sleeping
quarters. The Building Inspector will also examine the mitigative
measures being taken by the permit applicant and suggest changes in
these measures including relocation of the device or additional mitigative
measures.
(5)
It shall henceforth be the continued obligation of an owner
of a parcel on which a circulation device is installed to comply with
noise limitation standards provided for in 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 in the permit
shall sufficiently attenuate sound in compliance with this chapter.
C.
Standards.
(1)
No person shall operate or permit to operate a circulation device
in such a manner as to create a sound level in excess of 45 dB(A)
when measured at any point inside a receiving property dwelling unit
or at a point 10 feet from the property line, and at a height of six
feet from the ground surface, whichever is closer. Measurements inside
a dwelling unit shall be taken with a window or door open at a point
three feet from the opening.
(2)
On and after the effective date of this section, when a new circulation device is installed on any building lot or an existing device on any building lot is replaced, the cumulative sound from all circulation devices on each building lot shall not exceed 45 dB(A) when measured at any point inside a receiving property dwelling unit, as described in § 112-6.1C(1), above.
(3)
Additionally, on and after the effective date of this section,
no person shall operate or permit to operate circulation devices in
such a manner that the sound of any one or several circulation devices
cycling on and off is audible to a person of normal sensitivity at
any point within 10 feet of the property line.
(4)
Owners of circulation devices installed prior to the effective
date of this Subsection, that exceed 45 dB(A) from all devices shall
have up to one year to achieve a reduction of at least 5 dB(A) in
sound emanating from one or more of the devices and shall have two
years to come into conformance with the requirement to install and
operate devices under a revocable permit.
Regardless of the decibel limits, the provisions
of this chapter shall not apply to:
A.
Sound and vibration emitted for the purpose of alerting
people to an emergency.
B.
Sound and vibration emitted in the performance of
correcting an emergency.
C.
Sounds created by church bells or chimes.
D.
Sounds created by any government agency by the use
of public warning devices.
E.
Sounds created by lawnmowers with an operating muffler
or sound-dissipating device, as designed by the manufacturer, between
the hours of 8:00 a.m. and 8:00 p.m., prevailing time, weekdays and
10:00 a.m. and 8:00 p.m., prevailing time, Saturdays and Sundays.
F.
Sounds created by public utilities, including ferries
licensed by the Village, in carrying out the operation of their franchises.
G.
Sounds connected with sporting events of any public
or private school, or authorized carnival, fair, exhibition or parade
allowed by permit of the Village Board.
H.
[1] The intermittent or occasional use of a homeowner’s
light residential equipment or devices between the hours of 9:00 a.m.
and 5:00 p.m.
[Added 3-27-2010 by L.L. No. 3-2010]
[1]
Editor's Note: Former Subsection H, excepting
sounds on private property that did not carry beyond the property
line, and former Subsection I, excepting use of loudspeakers in connection
with voter registration projects, were repealed 3-5-1983 by L.L. No.
6-1983.
[Amended 3-27-2010 by L.L. No. 3-2010]
The Village Board shall have the authority to
grant special variances for limited times and purposes of this chapter.
Any person seeking a special variance pursuant to this section shall
file an application with the Board. The application shall consist
of a letter signed by the applicant and shall contain a legal form
of verification. Such letter shall contain information which demonstrates
that bringing the source of sound or activity for which the variance
is sought into compliance with this chapter would constitute an unreasonable
hardship on the applicant, on the community or on other persons. In
addition, the following information shall be provided:
A.
The plans, specifications and any other information
pertinent to the source of sound and vibration.
B.
The characteristics of the sound and vibration emitted
by the source, including but not limited to the sound levels, the
presence of impulse sounds or discrete (pure) tones, and the days
and hours during which such vibration and sound is generated.
C.
The noise abatement and control methods used to restrict
the emission of the sound and vibration.
D.
A time schedule for the installation of noise abatement
and control devices, technology and procedures or process modifications
that will be followed to restrict the emission of sounds and vibrations.
E.
The name and address of the applicant and the applicant's
agent, if any, and whether the applicant is the owner, lessee, licensee,
etc., of the premises. If the applicant is not the owner, the application
must contain the written consent of the owner.
F.
The names and addresses of all owners of contiguous
land within 500 feet of the premises. The applicant, in like manner,
shall give notice of the application by certified mail, return receipt
requested, to all property owners surrounding the sound source site
within a radius of 500 feet from the borders of said site.
G.
A filing fee representing no more than 5% of the estimated
cost of the proposed work or $100, whichever is less. In no case will
the filing fee be less than $25.
Upon prior reasonable public notice published
in the official newspaper of the Village of Ocean Beach and upon a
public notice board designated for that purpose by the Village Clerk
in the Village Office or the general vicinity thereof for a minimum
of 10 days, the Board of Trustees shall hold a public hearing on the
special variance application. The Board, upon reviewing all input
from the public hearing and obtaining any additional data or information
as deemed necessary, shall then pass upon the application by resolution.
The decision shall be transmitted to the Village Clerk, who will advise
the applicant of such decision by transmitting a copy of the special
variance application to the applicant, with the decision and conditions,
if any, imposed by the Board of Trustees attached.
This chapter does not preclude the necessity
of the applicant to obtain the approval or permit required by any
other agency before proceeding with the action approved under the
approved special variance. No action may be initiated by the applicant
until such time that other permits, as may be required, are issued.
The applicant or his agent shall have readily
available the approved special variance at the location or site for
which the variance has been issued and shall show same to any agent
of the Village of Ocean Beach whenever requested.
Activity conducted under the special variance
shall be open to inspection at any time by any agent of the Village
of Ocean Beach.
A.
In determining whether to grant or deny the application,
the Board shall balance the hardship to the applicant, the community
and other persons of not granting the variance against the adverse
impact on the health, safety and welfare of persons affected, the
adverse impact on the property affected and any other adverse impacts
of granting the special variance.
B.
In connection with this section the Board shall cause
the taking of sound level readings by an agency to be designated by
the Board in the event that there shall be any dispute as to the sound
levels prevailing or to prevail at the sound source site.
C.
The Board shall have the power to impose restrictions,
conditions and the recording of covenants upon any sound source site,
including time limits on permitted activity in the event that it shall
grant any variance hereunder.
[Amended 7-8-2000 by L.L. No. 7-2000; 7-13-2019 by L.L. No. 03-2019]
Any person found violating any provision of
this chapter or any conditions imposed by the Board of Trustees upon
an approved special variance shall be guilty of an offense and shall
be adjudged a disorderly person and, upon conviction thereof, shall
be punishable by a fine or imprisonment, or both. Fines for each offense
shall be not less than $50 nor more than $2,000, or imprisonment for
not more than 15 days, or both. Fines for any subsequent offense shall
be not less than $100.
