[HISTORY: Adopted by the Board of Trustees
of the Village of East Hampton 10-16-1970 (Ch. 38 of the 1971 Code). Amendments noted where applicable.]
A.
The following acts are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive, namely:
(1)
The using, operating or permitting to be played, used
or operated of any radio-receiving set, television, hi-fi set, stereo
set, phonograph or other machine or device for the producing or reproducing
of sound, in such manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants, or at any time with louder volume
than is necessary for convenient hearing for the person or persons
who are in the room, vehicle or chamber in which such machine or device
is operated and who are voluntary listeners thereto. The operation
of any such set, instrument, phonograph, hi-fi, stereo set, machine
or device between the hours of 11:00 p.m. and 7:00 a.m. in such a
manner as to be plainly audible at a distance of 50 feet from the
building, structure, device or vehicle in which it is located shall
be prima facie evidence of a violation of this section. Any person
or persons who are voluntarily present at the place where said noise,
as stated above, exists, may be deemed a violator of this chapter.
(2)
Yelling, shouting, hooting, whistling or singing on
the public streets or in a vehicle, dwelling, motel, hotel or commercial
establishment, particularly between the hours of 11:00 p.m. and 7:00
a.m., or at any other time or place so as to annoy or disturb the
quiet, comfort or repose of a person or persons in any office or in
any dwelling, hotel, motel or other type of residence, or of any person
in the vicinity.
(3)
The keeping of any animal which, by causing frequent
or long-continued noise, shall disturb the comfort or repose of any
persons in the vicinity.
(4)
The maintenance of a loud fan or air-conditioning
unit or other cooling or heating device, which noise shall be frequent
and which noise shall disturb the comfort and repose of any person
in the vicinity.
(5)
The creation of a loud and excessive noise in connection
with loading or unloading any vehicle or the opening and destruction
of bales, boxes, crates and containers.
(6)
Maintaining a commercial establishment from which
loud noises emanate either as a result of mechanical or musical devices,
live entertainment or patrons. It shall be prima facie evidence of
a violation of this chapter if the noise is plainly audible 100 feet
from the place where it emanates between the hours of 11:00 p.m. and
7:00 a.m.
(7)
The landing or taking off of helicopters, the noise
of which shall disturb the comfort or repose of any persons in the
vicinity.
(8)
Construction activity or garbage collection 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.
[Added 1-21-2005 by L.L. No. 1-2005]
(9)
During
the period from June 1 to September 15 of each year, excavation, demolition,
construction, or exterior repair or alteration work in connection
with any building, structure or improvement other than between the
hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between
the hours of 8:00 a.m. and 3:00 p.m. on Saturday, and with regard
to construction, repair or alteration work by a homeowner on his own
dwelling or property, other than between the hours of 7:00 a.m. and
8:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m.
on Saturday and Sunday, and, at all times, the use by contractors
or subcontractors or their employees of amplifiers, speakers or other
machines or devices capable of reproducing amplified sound on the
exterior of any premises.
[Added 7-1-2010 by L.L. No. 9-2010; amended 4-17-2014 by L.L. No.
3-2014]
(10)
During
the period from June 1 to the second Friday in December of each year,
the use or operation of any gas- or diesel-powered lawn care equipment,
leaf blower, lawn mower or trimmer by a homeowner or tenant on his
or her own property other than between the hours of 8:00 a.m. and
6:00 p.m., Monday through Friday, or between the hours of 8:00 a.m.
and 3:00 p.m. on Saturday or between the hours of 9:00 a.m. and 3:00
p.m. on Sunday or any federal holiday; and, during the period from
June 1 to the second Friday in December each year, the use or operation
of any gas- or diesel-powered lawn care equipment, leaf blower, lawn
mower or trimmer by any person other than a homeowner or tenant on
his or her own property on Sundays and federal holidays and except
between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday,
and between the hours of 8:00 a.m. and 3:00 p.m. on Saturday. The
provisions of this subsection shall not apply to the use of gas- or
diesel-powered landscaping equipment by a municipality on municipal
property or by a membership club on a golf course.
[Added 10-15-2010 by L.L. No. 12-2010; amended 4-17-2014 by L.L. No.
3-2014]
(11)
During the period from June 1 to Labor Day of each year, the use or operation of any gas- or diesel-powered leaf blower by any landscaper, as that term is defined in § 185-13. Gas-powered leaf blowers may be used when responding to an emergency or clean-up after a major storm when the Mayor has declared a state of emergency.
[Added 7-31-2019 by L.L.
No. 7-2019]
B.
Any person or persons who are voluntarily present
at or in a private or public place within the Village of East Hampton,
New York, wherein a loud noise or loud talking emanates, with or without
the use of a mechanical device, shall be deemed to have violated this
chapter, and every person present at such gathering may be subject
to prosecution as a violator of this chapter. It shall be prima facie
evidence of a violation of this chapter if the noise is plainly audible
at a distance of 50 feet from its point of emanation.
For the purpose of this chapter and except as
the context may otherwise require:
[Amended 4-20-2015 by L.L. No. 5-2015]
A.
A violation of the provisions of § 196-1A(1), § 196-1A(2), § 196-1A(8), or § 196-1A(9)of this chapter shall be punishable as follows:
(1)
A person or entity charged with a violation of any of the sections
listed above shall be required to appear or answer within 15 days
of the issuance of a ticket, and shall be subject to a minimum fine
of $150.
(2)
Upon the failure to answer or appear on the return date or any subsequent
adjourned date or to pay the fine when due, a late penalty of $75
shall be added to the minimum fine.
(3)
Upon the failure to pay the fine within 60 days of the issuance of
a ticket, a late penalty of $150 shall be added to the minimum fine.
(4)
Upon the failure to pay the fine within 90 days of its due date,
a late penalty of $200 shall be added to the minimum fine.
B.
Any person, firm or corporation violating any of the other provisions
of this chapter shall be guilty of a violation and shall, upon conviction,
be subject to the imposition of a fine in accordance with the following
schedule for each violation. Each day that a violation continues shall
be deemed a separate offense.
[Amended 7-31-2019 by L.L. No. 7-2019]
(1)
For
the first offense, a fine of not less than $250 nor more than $1,000
for each offense, plus any costs incurred by the Village as a result
of the violation(s).
(2)
For
a second offense within a two-year period, a fine of not less than
$500 nor more than $2,500 for each offense.
(3)
For
a third and subsequent offense within a two-year period, a fine of
not less than $2,500 nor more than $5,000 for each offense.
