[HISTORY: Adopted by the Board of Trustees
of the Village of Greenport 4-8-1992 as L.L. No. 1-1992. Amendments
noted where applicable.]
GENERAL REFERENCES
Recreation areas and beaches — See Ch. 101.
A.Â
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 successory body.
B.Â
ABATEMENT
A-WEIGHTED SOUND PRESSURE LEVEL
COMMERCIAL AREA
COMMERCIAL PROPERTY
CONSTRUCTION
CONSTRUCTION DEVICE
dBA
DECIBEL (dB)
DEMOLITION
EMERGENCY WORK
GROSS VEHICLE WEIGHT RATING (GVWR)
HOMEOWNERS' LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
IMPULSIVE SOUND
MOTOR VEHICLE
MULTI-DWELLING BUILDINGS
NOISE
NOISE CONTROL OFFICER
NOISE POLLUTION
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(a)Â
(b)Â
NOISE-SENSITIVE ZONE
OCTAVE BAND SOUND PRESSURE LEVEL
OFF-ROAD RECREATIONAL VEHICLE
PERSON
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY LINE
RESIDENTIAL AREA OR PROPERTY
SOUND
SOUND LEVEL METER
SOUND PRESSURE LEVEL
SOUND REPRODUCTION DEVICE
SOUND SIGNAL DEVICE
SOUND SOURCE
SOUND SOURCE SITE
UNREASONABLE NOISE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
(11)Â
As used in this chapter, the following terms shall
have the meanings indicated:
An official warning to remove, stop and/or cease that which
causes an unreasonable noise.
The sound pressure level measured in decibels with a sound
level meter set for A-weighing, abbreviated "dBA".
A group of commercial properties and the abutting public
rights-of-way and public spaces.
Any real property located within an area zoned by Chapter
155, Zoning, of the Code of the Village of Greenport and the Zoning
Map[1] of the Village of Greenport as Retail Commercial District
or General Commercial District or Waterfront Commercial District.
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition, of buildings or structures.
Any power device or equipment designed and intended for use
in construction, including but not limited to 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 SI.4 1971), properly calibrated and operated on
the A-weighing network.
The practical unit of measurement for sound pressure level.
The number of "decibels" of a measured sound is equal to twenty (20)
times the logarithm of the base 10 of the ratio of the sound pressure
of the measured sound to the sound pressure of a standard sound [twenty
(20) micropascals], abbreviated "dB".
Any dismantling, intentional destruction or removal of buildings
or structures.
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone
and sewer facilities and public transportation, removing fallen trees
on public rights-of-way and abating life-threatening conditions.
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combinations weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combinations vehicle, should be used.
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.
A sound of short duration usually less than one (1) second
and of high intensity with an abrupt onset and rapid delay. Examples
of "impulsive sound" would be explosions, drop forge impacts, discharge
of firearms, etc.
Any vehicle which is propelled or drawn on land by an engine
or motor.
Any building wherein there are two (2) or more dwelling units.
Any airborne sound of such level and duration as to be or
tend to be injurious to human health or welfare or that would unreasonably
interfere with the enjoyment of life or property.
Any employee of the Village of Greenport trained in the measurement
of sound and empowered to issue a summons for violations of this chapter.
The presence of that amount of acoustic energy for the amount
of time necessary to:
Cause temporary or permanent hearing loss in
persons exposed.
Be otherwise 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.
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 at any time that annoys
or disturbs the quiet comfort or repose of person or persons in the
vicinity and that such noise is plainly audible at a distance of fifty
(50) feet from the area, building, structure or vehicle from which
such noise emanates;
The using or operating of, or permitting to
be played, used or operated, any sound reproductive device, including
but not limited to any radio, receiving set, musical instrument, phonograph,
television set 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 and in such a manner as to be plainly
audible at a distance of fifty (50) feet from the area, building,
structure or vehicle in which it is located.
Any area designated pursuant to this chapter for the purpose
of ensuring exceptional quiet.
Sound pressure level measured in standard octave bands with
a sound level meter and octave band analyzer that meet ANSI SI.4 and
SI.11, or the latest revision thereof.
Any vehicle which is propelled by any power other than muscular
power.
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.
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.
Any real property located within an area zoned by Chapter
85 of the Code of the Village of Greenport and the Zoning Map of the
Village of Greenport as R-1 One-Family Residence District or R-2 One-
and Two-Family Residence District.
Any variation in ambient barometric pressure.
An instrument, including a microphone, an amplifier and output
meter and frequency-weighing networks, for the measurement of sound
levels.
The weighted sound pressure level in decibels obtained by
the use of a sound level meter and frequency-weighing network, such
as A, B or C. If the frequency weighing employed is not indicated,
the A-weighing slow response shall apply.
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 musical instrument, radio, television, tape recorder, phonograph,
loudspeaker, public address system or any other sound-amplifying device.
Any device that is designed to be used or is actually used
to produce a sound signal, but not spoken language, including but
not limited to any horn, whistle, bell, gong, siren, rattle, clapper,
hammer, drum or air horn.
Any activity or device whatsoever that produces sound.
Any one (1) parcel of land, or a tract of land consisting
of two (2) or more parcels, which includes all contiguous land and
water areas under the ownership or control of a person in or upon
which one (1) or more sound sources are located. The "sound source
site" includes all individual sound sources that are located on such
site, whether stationary, movable or mobile. A "sound source site"
is created by the installation of one (1) or more sound sources thereon.
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of a reasonable person of normal sensitivities
or which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether "unreasonable noise"
exists in a given situation include but are not limited to the following:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or
unusual.
Whether the origin of the noise is usual or
unusual.
The volume and intensity of the background noise,
if any.
The proximity of the noise to residential sleeping
facilities.
The nature and zoning district of the areas
within which the noise emanates.
The time of day or night the noise occurs.
The time duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or impulsive.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Village Clerk.
A.Â
The provisions of this chapter shall be enforced by
noise control officers and/or police officers of the Town of Southold.
B.Â
The noise control officers shall have the power to:
(1)Â
Issue a summons or warning (pursuant to § 88-9 to immediately cease and desist the subject noise).
(2)Â
Coordinate the noise control activities of all municipal
departments and cooperate with all other public bodies and agencies
to the extent practicable.
(3)Â
Review the action of other municipal departments and
advise such departments of the effect, if any, of such actions on
noise control.
(4)Â
Review and inspect public projects and, upon consent
by the owner or designated agent, review and inspect private projects
for compliance with this chapter.
C.Â
The noise control officer shall not use this chapter
in situations within the jurisdiction of the Federal Occupational
Safety and Health Act.
All departments and agencies of the Village
of Greenport shall, to the fullest extent consistent with other law,
carry out their programs in such a manner as to further the policy
of this chapter and shall cooperate with the noise control officer
in the implementation and enforcement of this chapter.
A.Â
No person shall cause, suffer, allow or permit the
operation of any source of sound on a particular category of property
or any public land or right-of-way in such a manner as to create a
sound level that exceeds the particular level limits set forth in
Table I when measured at or within the real property line of the receiving
property, except those acts specifically prohibited in this chapter
for which no measurement of sound is required.
B.Â
When measuring noise within a multi-dwelling unit,
all doors and windows shall be closed and the measurements shall be
taken in the center of the room.
No person shall make, continue or cause or suffer to be made or continued any unreasonable noise as defined in § 88-1 hereof. In particular, without limitations of the foregoing provision of this section, the following enumerated acts are declared to be in violation of this section:
A.Â
Sound reproduction devices.
(1)Â
No person shall operate or cause to be operated a
sound reproduction device that produces unreasonable noise. The operation
of any such device in such a manner as to create unreasonable noise
across a real property boundary or the operation of such device by
a passenger of a vehicle in such a way as to disturb any other person
is prohibited.
(2)Â
No person shall operate, use or cause to be operated
or used any sound reproduction device for commercial or business advertising
purposes or for the purposes of attracting attention to any performance,
show or sale or display of merchandise in connection with any commercial
operation, including but not limited to the sale of radios, televisions,
phonographs, tape recorders, phonograph records or tapes; in front
or outside of any building, place or premises abutting or adjacent
to a public street, park or place, where the sound therefrom may be
heard upon any public street, park or place or from any stand, platform
or other structure; or on a boat or on the waters within the jurisdiction
of the Village of Greenport; or anywhere on public streets, parks
or places. Nothing in this subsection is intended to prohibit sounds
emanating from sporting, entertainment or other public events held
on property of the Village of Greenport or School District so suited
for such activities, provided that proper authorization from the Village
of Greenport has been obtained.
(3)Â
No person shall operate or use or cause to be operated
or used any sound reproduction device in any public place in such
a manner that the sound emanating therefrom creates unreasonable noise
across a real property boundary.
B.Â
Shouting and peddling.
(1)Â
No person shall shout, yell, call, hoot, whistle or
sing on public streets or in public places so as to cause unreasonable
noise.
(2)Â
No person shall call for the purpose of advertising goods, services, wares or merchandise within any area zoned for residential use so as to cause unreasonable noise. The provisions of this subsection shall not apply to the sale of merchandise, food and beverages at authorized entertainment events for which a permit has been obtained pursuant to Chapter 44 of the Code of the Village of Greenport.
C.Â
Noise-sensitive zones. No person shall cause or permit
the creation of any sound by means of any device or otherwise on any
sidewalk, street or public place adjacent to any school, court, house
of worship or public library while such facility is in use or adjacent
to any hospital or nursing home at any time, so that such sound disrupts
the normal activities conducted at such facilities or disturbs or
annoys persons making use of such facilities.
D.Â
Loading and unloading. No person shall engage in,
cause or permit the loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials or similar
objects between the hours of 8:00 p.m. and 7:00 a.m. the following
day in such a manner as to cause unreasonable noise across a residential
real property boundary.
E.Â
Horns and signaling devices. No person shall cause
or permit to be caused the sounding of any horn or other auditory
signaling device on or in any motor vehicle except to serve as a danger
warning.
F.Â
Standing motor vehicles.
(1)Â
No person shall operate or permit to be operated the
engine of any motor vehicle or any auxiliary equipment attached to
such vehicle for a period longer than ten (10) minutes in any hour
while the vehicle is stationary, for reasons other than traffic congestion,
on any private property or public right-of-way or public space so
that the sound therefrom is audible within three hundred (300) feet
of a residential property boundary between the hours of 8:00 p.m.
and 7:00 a.m. the following day.
(2)Â
This subsection shall not apply to authorized emergency
vehicles or to public utility vehicles actually engaged in any emergency
repair activity.
G.Â
Construction.
(1)Â
No person shall operate or permit to be operated any
construction device, including but not limited to construction and
demolition work, excavating or earthmoving equipment:
(a)Â
Between the hours of 8:00 p.m. and 7:00 a.m.
the following day on weekdays or at any time on Sundays or legal holidays,
such that the sound therefrom creates unreasonable noise across a
residential real property boundary.
(b)Â
At any other time such that the continuous sound-in-air
level at or across a real property boundary exceeds an L10 of eighty
(80) dBA.
(c)Â
At any other time such that the impulsive sound-in-air
has a peak sound pressure level at or across a real property boundary
in excess of one hundred thirty (130) dBA.
(2)Â
The provisions of this subsection shall not apply
to emergency work.
H.Â
Commercial, business and industrial operation.
(1)Â
No person shall operate or permit to be operated on
a sound source site a commercial business operation that produces
a sound level exceeding the limitations as provided in this subsection.
(2)Â
Continuous sound which has crossed the property line
of the sound source site and enters residential property zoned for
residential use or property within a noise-sensitive zone shall not
exceed the following levels:
[Amended 6-25-1993 by L.L. No. 3-1992]
(a)Â
During the hours of 1:00 a.m. to 7:00 a.m. the
same day: a sound level in excess of thirty (30) dBA measured with
the slow response of a sound-level meter.
(b)Â
During the hours of 7:00 a.m. to 8:00 p.m. the
same day: a sound level in excess of seventy-five (75) dBA measured
with the slow response of a sound-level meter.
(c)Â
During the hours of 8:00 p.m. to 1:00 a.m. the
next day: a sound level in excess of fifty-eight (58) dBA measured
with the slow response of a sound-level meter.
(d)Â
The sound levels contained herein shall not
apply to noise-sensitive zones when the facilities in such zones are
not in use.
(3)Â
Continuous sound which has crossed the property line
of sound source site and enters property which is zoned commercial
property shall not exceed the following levels:
[Amended 6-25-1993 by L.L. No. 3-1992]
(a)Â
During the hours of 1:00 a.m. to 7:00 a.m. the
same day: a sound level in excess of thirty (30) dBA measured with
the slow response of a sound-level meter.
(b)Â
During the hours of 7:00 a.m. to 8:00 p.m. the
same day: a sound level in excess of seventy-five (75) dBA measured
with the slow response of a sound level meter.
(c)Â
During the hours of 8:00 p.m. to 1:00 a.m. the
next day: a sound level in excess of fifty-five (55) dBA measured
with the slow response of a sound level meter.
I.Â
Noise mufflers. No person shall operate a motor vehicle or boat which shall fail to contain a muffler or other sound-suppression equipment in operable condition which shall prevent said vehicle from causing unnecessary noise. In addition to other standards contained herein in the definition of "unreasonable noise" under § 88-1, a motor vehicle or boat shall be deemed to cause unreasonable noise if it produces a sound level of eighty (80) dBA's or more.
[Amended 6-25-1993 by L.L. No. 3-1992]
The following activities are exempt from the
A-weighted sound pressure level limits of Table I:
A.Â
Noise from the intermittent or occasional use of homeowner's
light residential outdoor equipment, including but not limited to
domestic power tools, lawn mowers and equipment, when operated with
a muffler, between the hours of 8:00 a.m. and 8:00 p.m. on weekdays
and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays.
B.Â
Sound from church bells and church chimes when part
of a religious observance or service.
C.Â
Noise from snowblowers, snow throwers and snow plows,
when operated with a muffler, for the purpose of snow removal.
D.Â
Noise from stationary emergency signaling devices
owned and operated by any public utility, municipal subdivision, fire
department or ambulance corps when used in connection with an emergency
or for testing purposes, including but not limited to train switching.
E.Â
Noise from a burglar alarm of any building or motor
vehicle, provided that such burglar alarm shall terminate its operation
within fifteen (15) minutes after it has been activated and shall
not be operated more than fifteen (15) minutes in any one-hour period.
F.Â
Sound from chimes or bells from municipal buildings,
including but not limited to fire district buildings.
G.Â
Noise from generators used for emergency purposes.
H.Â
Noise from fireworks displays, outdoor concerts, musical entertainment, parades or assemblies for which a permit has been obtained pursuant to Chapter 44 of the Code of the Village of Greenport or a variance to this chapter.
I.Â
Agricultural operations.
A.Â
The Village Board of the Village of Greenport shall
have the authority, consistent with this section, to grant variances
to the chapter.
B.Â
Any person seeking a variance pursuant to this section
shall file an application with the Village Board. The application
shall consist of a letter signed by the applicant and 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:
(1)Â
The plan, specifications and other information pertinent
to such sources.
(2)Â
The characteristics of the sound emitted by the source,
including but not limited to the sound levels, the presence of impulsive
sounds and the hours during which such sound is generated.
(3)Â
The noise abatement and control methods used to restrict
the emission of sound.
C.Â
The Village Board, upon receipt of such application
and upon payment of any fee which shall be required by resolution
of the Village Board,[1] shall set the matter down for a public hearing to be held
within thirty (30) days from the date the application was submitted.
The Village Board shall cause publication of such public hearing to
be given in the official newspaper of the village in the same manner
as an application for a special permit is published. The applicant,
in like manner, shall give notice of the application by certified
mail, return receipt, to all property owners surrounding the sound
source site within a radius of two hundred (200) feet from the borders
of said site.
D.Â
In determining whether to grant or deny the application,
the Village Board shall balance the hardship to the applicant, the
community and other persons 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 deemed appropriate.
E.Â
The Village Board shall cause the taking of sound
level readings by an agency to be designated by the Village Board
in the event that there shall be any dispute as to the sound levels
prevailing or to prevail at the sound source site.
F.Â
The Village Board shall have the power to impose restrictions,
conditions and recordings of covenants upon any sound source site,
including time limits of permitted activity, in the event that it
shall grant any variance hereunder.
A.Â
Any person who violates any provision of this chapter
shall be guilty of a violation and shall be subject to a fine of not
more than two hundred fifty dollars ($250.) nor less than twenty-five
dollars ($25.), imprisonment for not more than fifteen (15) days,
or both.[1]
B.Â
Each day (twenty-four-hour period) of violation of
any provision of this chapter shall constitute a separate offense.
A.Â
Except as provided in Subsection B, in lieu of issuing a summons, the noise control officer may issue a warning requiring abatement of any source of sound alleged to be in violation of this chapter.
B.Â
A warning shall not be issued when the noise control
officer has reason to believe that there will not be compliance with
the warning, when the alleged violator has been served with a previous
warning or had previously been convicted for a violation of this chapter.
No provision of this chapter shall be construed
to impair any common law or statutory cause of action, or legal remedy
therefrom, of any person for injury or damage arising from any violation
of this chapter or from other law.