[HISTORY: Adopted by the Town Board of the
Town of East Hampton 6-7-1985 by L.L. No. 5-1985. Amendments noted where
applicable.]
A.
AIRBORNE SOUND
COMMERCIAL DISTRICT
COMMERCIAL SERVICE EQUIPMENT
CONSTRUCTION DEVICE
dBA
DECIBEL
EXCESSIVE OR UNREASONABLE NOISE
FREQUENCY
HOMEOWNERS' LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
INDUSTRIAL DISTRICT
NOISE CONTROL OFFICER
NOISE DISTURBANCE
NOISE POLLUTION
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
(d)
OCTAVE BAND SOUND PRESSURE LEVEL
PERSON
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY LINE
RESIDENTIAL DISTRICT
Definitions. As used in this local law, the following
terms shall have the meanings indicated:
Sound that reaches the point of interest by propagation through
air.
All use districts pursuant to § 255-2-10C of this Code, including Central Business, Neighborhood Business, Waterfront and Resort.
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
chainsaws, 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 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 microbars); abbreviated "dB."
Any sound that can be detected at the property line from which the noise emanates by a trained officer using his or her unaided hearing faculties that is deemed by that officer, based on his or her training or experience, to exceed the decibel limitations set forth in § 185-3 or is unreasonable based upon the totality of the circumstances. If the sound source under investigation is a sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music may be sufficient to constitute excessive or unreasonable noise.
[Added 7-19-2007 by L.L. No. 26-2007]
The number of oscillations per second, expressed in hertz
(abbreviation Hz).
All engine- or motor-powered equipment intended for repetitive
use in residential areas typically capable of being used by a homeowner.
Examples of "homeowners' light residential outdoor equipment" are
lawn mowers, garden tools, riding tractors, snowblowers, hedge clippers,
etc.
The Commercial-Industrial District (CI) as defined in § 255-2-10 of this Code.
[Repealed 4-5-1991 by L.L. No.
5-1991]
[Repealed 9-5-2003 by L.L. No.
28-2003]
The presence of an amount of acoustic energy for that amount
of time necessary to:
[Amended 9-5-2003 by L.L. No. 28-2003; 7-19-2007 by L.L. No.
26-2007]
Cause temporary or permanent hearing loss in
persons exposed;
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 in § 185-3; 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:
The use or operation of any loudspeaker, public
address system or other similar device between the hours of 9:00 p.m.
and 9:00 a.m. the following day, except when used in connection with
a public emergency by officers of any police department, fire department
or any municipal entity. Noise from external speakers, bullhorns and
the like mounted on motor vehicles, whether stationary or mobile,
except when used in a public emergency as outlined above.
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 property line.
For the purposes of this section, "noise pollution from a barking
dog" shall be defined as that created by a dog barking for 15 minutes.
Operating or permitting the operation of any
motor vehicle or any auxiliary equipment attached to such a vehicle
for a period longer than 10 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 145 feet of
a residential district between the hours of 9:00 p.m. and 9:00 a.m.
the following day.
Excessive or unreasonable noise, as defined
herein.
Sound pressure level measured in standard octave bands with
a sound level meter and octave band analyser that meet ANSI S1.4 and
S1.11 or the latest revision thereof.
Any 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.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or similar place that is owned or controlled by a governmental entity.
Any real property or structures thereon that are owned or
controlled by a governmental entity.
All use districts pursuant to § 255-2-10B of this Code, including Residential B, Residential A, Residential A2, Residential A3 and Residential A5.
[Amended 4-5-1991 by L.L. No. 5-1991]
No person or persons owning, leasing or controlling
the operation of any source or sources of noise, or any premises upon
which is located any source or sources of noise, shall permit the
establishment of a condition of noise pollution.
A.
No person shall create or cause to be emitted any
noise which, when measured at any real property line in a residential
district, exceeds the following standards:
(1)
From 7:00 a.m. to 7:00 p.m.
(a)
Airborne sound which has a sound level in excess
of 65 dBA; 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
|
(2)
From 7:00 p.m. to 7:00 a.m.
(a)
Airborne sound which has a sound level in excess
of 50 dBA; or
(b)
Airborne sound which has an octave band sound
pressure level in decibels which exceeds the values listed below in
one or more 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 any real property line in a commercial
or industrial district, exceeds the following standards:
(1)
From 7:00 a.m. to 7:00 p.m.
(a)
Airborne sound which has a sound level in excess
of 70 dBA; 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
|
47
|
(2)
From 7:00 p.m. to 7:00 a.m.
(a)
Airborne sound which has a sound level in excess
of 55 dBA; 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
|
The provisions of § 185-3 shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby except the following:
A.
The intermittent or occasional use between 7:00 a.m. and 8:30 p.m. of homeowners' light residential outdoor equipment or commercial service equipment except gas-, diesel- and electric-powered leaf blowers, which shall be regulated pursuant to Chapter 155 of the Town Code[1], provided that said equipment and its use comply with
the other provisions hereof.
[Amended 3-18-2021 by L.L. No. 8-2021]
B.
Construction activities between 7:00 a.m. and 8:30
p.m. and the associated use of construction devices and to the noise
generated thereby, provided that such activities and such equipment
and its use comply with the other provisions hereof.
C.
Agricultural activities between 6:00 a.m. and 8:00
p.m. and noise generated from such activities, including but not limited
to machinery operation and loading and unloading of produce.
D.
Noise from a burglar alarm of any building, premises
or motor vehicle, provided that such burglar alarm shall terminate
its operation within 15 minutes after it has been activated and shall
not operate more than 15 minutes in any one-hour period.
E.
Sound from church bells and church chimes.
F.
The lawful operation of properly equipped motor vehicles
on any public way.
G.
Noise from snowblowers, snow throwers and snowplows
when operated with a muffler for the purpose of snow removal.
H.
Noise from stationary or mobile emergency signaling
devices owned and operated by any public utility, municipal subdivision,
fire department or ambulance corps when used in connection with an
emergency, drill or test procedure.
I.
Noise generated from athletic or recreational events
held on property of the Town of East Hampton so suited for such activities,
provided that proper authorization from the Town has been obtained.
J.
Organized activities sponsored by any school district
or fire district or department within the Town of East Hampton.
K.
Noise from municipally sponsored celebrations or events.
L.
All noises coming from the normal operations of properly
equipped aircraft, not including scale model aircraft.
M.
Noise from lawful fireworks displays, parades, carnivals
and the like held in accordance with all pertinent provisions of the
East Hampton Town Code.
N.
Noncommercial public speaking and public assembly
activities conducted on any public space or public right-of-way.
O.
Emergency construction or repair work performed by
or authorized by the State of New York, the County of Suffolk, the
Town of East Hampton, Long Island Lighting Company, New York Telephone
or any other recognized utility serving the area.
P.
The activities of any fire department, ambulance squad
or similar emergency or rescue organization.
Q.
Noise pollution, as defined under § 185-1, definition of "noise pollution," Subsection (5)(a), above, when operating under a valid permit issued pursuant to Chapter 151, Special Event Permits, or Chapter 117, Music Entertainment Permit. Such a permit does not provide an exemption from complying with the noise standards established under § 185-3 above.
[Added 4-4-2019 by L.L.
No. 16-2019]
[1]
Editor's Note: Former § 185-5, Prohibited
acts, was repealed 9-5-2003 by L.L. No. 28-2003.
[Amended 4-5-1991 by L.L. No. 5-1991; 9-5-2003 by L.L. No.
28-2003; 7-19-2007 by L.L. No. 26-2007]
A.
Any person who violates any provision of this local
law shall be guilty of a violation punishable by a fine not exceeding
$1,000 or by imprisonment not exceeding 15 days, or by both; upon
a conviction for a second offense within 18 months, punishable by
a fine of not less than $1,000 nor more than $2,500 or by imprisonment
not exceeding 15 days, or by both; and upon conviction for a third
or subsequent offense within 18 months, punishable by a fine of not
less than $2,500 nor more than $10,000 or imprisonment not exceeding
15 days, or by both.
B.
If the violation is of a continuing nature, each hour
during which any of these offenses occurs shall constitute an additional,
separate and distinct offense.
C.
In addition to any other remedy provided by law, the
Town may bring an injunction proceeding to enforce this chapter.
D.
Any person
or entity found by the Bureau of Administrative Adjudication to have
violated any of the provisions of § 185-1A(5)(a), or to
have failed to respond to a summons charging the same within 15 days
of issuance, shall likewise be subject to the following Fine and Penalty
Schedule:
[Added 6-2-2022 by L.L. No. 17-2022; amended 6-1-2023 by L.L. No. 11-2023]
|
Schedule of Fines and Penalties
| |||||
|---|---|---|---|---|---|
|
Section
|
Description
|
Fine
|
After 15 Days
|
After 30 Days
|
After 90 Days
|
|
§ 185-1A(5)(a)
|
Outside speakers after 9:00 p.m.
|
$150
|
$300
|
$450
|
$500
|
[Added 4-5-1991 by L.L. No. 5-1991]
This local law is adopted pursuant to § 10
of the Municipal Home Rule Law of the State of New York.
[Added 4-5-1991 by L.L. No. 5-1991]
Should any section or provision of this local
law be decided by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the local law as a whole
or any part thereof other than that part so decided to be unconstitutional
or invalid.
