Village of Huntington Bay, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Huntington Bay 2-9-1998 by L.L. No. 1-1998.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 5.
Building, structure and property maintenance — See Ch. 13.
Dogs and other animals — See Ch. 20.
Dumping — See Ch. 21.
Garage sales — See Ch. 36.
Garbage, rubbish and refuse — See Ch. 39.
Lights, outdoor — See Ch. 45.
Peddling and soliciting — See Ch. 60.
Signs — See Ch. 71.
Streets and sidewalks — See Ch. 74.
[1]
Editor's Note: This local law superseded former Ch. 57, Peace and Good Order, adopted 12-8-1975 by L.L. No. 2-1975, as amended.
No person shall make, aid, countenance or assist in making, creating or participating in a riot as that event and conduct is defined in Penal Law Article 240, and notwithstanding any other provision in the Penal Law prohibiting such conduct, no persons shall collect in a group of more than five individuals for any unlawful purpose; nor shall any person make, aid or assist in the making of any disturbance or disorderly conduct in the street, or on private property which is otherwise open to view by the public, which disturbing or disorderly conduct is otherwise defined and prohibited under § 240.20 of the Penal Law.
No person shall write, print, scrawl or draw on or otherwise deface any post, wall, fence, building, tree or other surface within the Incorporated Village of Huntington Bay. No person shall deface or destroy any public notice or any notice or sign placed by or with the consent of the Incorporated Village of Huntington Bay.
A. 
Findings. It is found and declared that the making and creation of unreasonably loud, unnecessary, disturbing or unusual noises within the limits of the Village of Huntington Bay is a condition which has existed for some time, and the extent and volume of such noises is increasing. The making, creation or maintenance of such unreasonably loud, unnecessary, unnatural or unusual noises which are prolonged, unusual or unnatural in their time, place and effect are a detriment to the peace, welfare, comfort, safety, convenience, good order and prosperity of the residents of the Village of Huntington Bay, and the necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy; and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, peace, good order, safety, welfare and prosperity of the Village of Huntington Bay and its inhabitants.
B. 
Prohibition. It shall be unlawful for any person, firm or corporation to make, continue or cause or allow to be made or continued unreasonable noise within the Village of Huntington Bay.
C. 
Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated:
PUBLIC HOLIDAY
New Year's day, Memorial Day, Independence Day, Labor Day, Thanksgiving day and Christmas day.
[Added 4-24-2017 by L.L. No. 7-2017]
(1) 
Any noise of a type or volume that a reasonable person of normal sensitivities would not tolerate at the time, place and under the circumstances that the noise is made.
(2) 
In addition to the definition contained in Subsection C(1), any noise enumerated in § 57-3D is hereby declared to constitute unreasonable noise in violation of this chapter.
D. 
Unnecessary noises enumerated. The following acts, among others, 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) 
Radios, phonographs and television sets: the using, operating or permitting to be played, used or operated of any television or radio receiving set, musical instrument, phonograph or other machine or device for producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or, at any time, of louder volume than is necessary for convenient hearing of the person or persons who are in the room, vehicle, chamber or area in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at a distance of 100 feet from the building, structure, vehicle or area in which it is located shall be prima facie evidence of a violation of this section.
(2) 
Horns and signaling devices: the sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the Village of Huntington Bay, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except the one operated by hand or electricity; the use of any horn, whistle or other device operated by engine or exhaust; and the use of any such signaling device when traffic is for any reason held up.
(3) 
Yelling and shouting: yelling, shouting, hooting, whistling or singing on any public street, sidewalk, or premises open to the public, or any public property, when intentionally done to create or recklessly creating a risk of public annoyance, alarm or inconvenience.
(4) 
Exhausts: the discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(5) 
Defect in vehicle or load: the use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(6) 
Pile drivers and hammers: the operation before 8:00 a.m. and/or after 5:00 p.m., and on Saturday, Sunday or any public holiday, of any pile driver, steam shovel, pneumatic hammer, derricks, steam or electric hoist or other such equipment, the use and/or operation of which is attended by loud or unusual noise.
[Amended 4-24-2017 by L.L. No. 7-2017]
(7) 
The operation of any construction equipment or construction or repairing of buildings: the erection (including excavating), demolition, alteration or repair of any building, which work occurs before 8:00 a.m. and/or after 5:00 p.m. or on Saturday, Sunday or any public holiday, except in the case of a public emergency and in the interest of public health and safety and then only with the permission of the Mayor or the Police Commissioner or the Chief of Police.
[Amended 3-8-2004 by L.L. No. 3-2004; 4-11-2016 by L.L. No. 3-2016; 4-24-2017 by L.L. No. 7-2017]
(8) 
Motorized landscaping or power-washing equipment.
[Amended 4-11-2016 by L.L. No. 3-2016; 4-24-2017 by L.L. No. 7-2017]
(a) 
The operation of any landscaping equipment, including but not limited to, lawn mowers, leaf-blowing devices, chippers, string trimmers, weed eaters, weed whackers, lawn edgers, tillers, dethatchers, and chain saws, or any power-washing equipment, the operation of which is powered by an internal combustion, electric or battery-powered motor, prior to 8:00 a.m. or after 7:00 p.m. shall be deemed unnecessary noise.
(b) 
Notwithstanding the provisions hereof Subsection D(8)(a), the operation of any such motorized landscaping or power-washing equipment by any commercial landscaping or contracting service between the hours of 5:00 p.m. and 8:00 a.m. on Monday through Friday, and before 8:00 a.m. or after 2:00 p.m. on Saturday and all day on Sunday or any public holiday, shall be deemed unnecessary noise, except in the case of an emergency or in the interest of public health and safety and then only with the permission of the Mayor or the Police Commissioner or the Chief of Police.
(9) 
Loudspeakers: the operation of any loudspeakers or any speaker systems or any device for the production of reproduction of sound, in a manner that creates public annoyance, alarm or inconvenience or which a reasonable person of normal sensitivities would not tolerate at the time and place and under the circumstances the noise is made.
[Amended 4-11-2016 by L.L. No. 3-2016; 4-24-2017 by L.L. No. 7-2017]
(10) 
Animals and birds: the keeping of any one or more animals or birds whose noise, by virtue of loudness, duration, frequency or intensity, causes public inconvenience, annoyance or alarm; or creates noise which a reasonable person of normal sensitivities would not tolerate at the time and place and under the circumstance that the noise is made.
[Amended 4-11-2016 by L.L. No. 3-2016; 4-24-2017 by L.L. No. 7-2017]
(a) 
Any animal or bird noise occurring between 7:00 p.m. and 8:00 a.m., and plainly audible at a distance of 100 feet from the place of origination of the noise, shall be prima facie evidence of a violation of this chapter.
(b) 
Any animal or bird noise occurring for any continuous period of five minutes or more, or an aggregate of 15 minutes or more in any eight-hour period, when such noise is plainly audible inside any portion of a dwelling or residence other than the place where the noise originated, shall be prima facie evidence of a violation of this chapter.
(11) 
The operation of any commercial landscaping services between the hours of 5:00 p.m. and 8:00 a.m. on Monday through Friday, and before 8:00 a.m. or after 2:00 p.m. on Saturday and all day Sunday, except in the case of an emergency or in the interest of public health and safety and then only with the permission of the Mayor or the Police Commissioner or the Chief of Police.
[Amended 3-8-2004 by L.L. No. 3-2004; 6-8-2015 by L.L. No. 2-2015]
E. 
Regulation of amplifiers, loudspeakers or public-address systems.
(1) 
Findings. It is found and declared that the use or operation of any device or apparatus for the amplification of sounds from any radio, phonograph or other sound-producing device or any device or apparatus for the reproduction or amplification of the human voice or other sounds on any public street or outside any building, place or premises near any building or on any place adjacent to a public street or place, or in or upon any vehicle being operated or standing on a public street or place where the sound therefrom may be heard upon any public street or place from any stand, platform or any other structure, is detrimental to the health, welfare and safety of the inhabitants of the Village; and, further, that such use or operation disturbs the public peace and comfort and the peaceful enjoyment by the people of the Village of their rights to use the public streets, places for streets and other public purposes and disturbs the peace, quiet and comfort of a neighboring inhabitant.
(2) 
As used in this section, the following terms shall have the meanings indicated:
SOUND DEVICE OR APPARATUS
Any radio device or apparatus or any device or apparatus for the amplification of any sound from any radio, phonograph or other sound-making or sound-producing device or any device or apparatus for the reproduction of or amplification of the human voice or other sounds.
F. 
Penalties for offenses. Any person, firm or corporation who violates any section of this chapter on prohibited noises shall be deemed guilty of a violation and, upon conviction thereof, shall be punished by a fine not less than $50 and not more than $250 for a conviction on a first offense and by a fine of not less than $150 and not more than $1,000 or by imprisonment not in excess of 15 days, or both, for a conviction on each subsequent offense.
[Amended 1-14-2002 by L.L. No. 2-2002]
A. 
Legislative intent. The Village Board of the Village of Huntington Bay, hereby declares and finds it to be in the public interest to provide for the regulation of certain conduct in public places within the Village of Huntington Bay by prohibiting the possession of open containers of alcoholic beverages by persons on public premises with the intent to consume the contents of same, except as permitted herein.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
NONRECLOSABLE OPEN CONTAINERS
Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York, which cannot be reclosed once it has been opened, such as but not limited to pop-top-type cans, the nonreclosable nature of which shall be presumptive evidence that the person possessing such an open container does so with the intent to consume the contents of same.
OPEN CONTAINERS
Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York.
C. 
Open containers prohibited.
(1) 
No person shall possess, carry or transport any open container, as defined herein by § 57-4B of the Village Code, with the intent to consume the contents of same, nor shall any person consume the contents of same while such person is in or upon any public highway, public street, public sidewalk, parking, area, public park, recreation area, building or any other public area, or in any vehicle in or upon any of the aforementioned places, except as permitted by § 57-4E herein of the Village Code or in those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
(2) 
Any open container, as defined herein by § 57-4B of the Village Code, in a vehicle or automobile shall be presumptive evidence that the same is in the possession of all occupants of the vehicle or automobile.
D. 
Nonreclosable open containers prohibited.
(1) 
No person shall possess, carry or transport any nonreclosable open container, as defined herein by § 57-4B of the Village Code, the nonreclosable nature of which shall be presumptive evidence of the intent to consume the contents of same, nor shall any person consume the contents of same while such person is in or upon any public highway, public street, public sidewalk, parking area, public park, recreation area, building or any public area, or in any vehicle in or upon any of the aforementioned places, except as permitted by § 57-4E herein of the Village Code or in those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
(2) 
Any nonreclosable open containers, as defined herein by § 57-4B of the Village Code, in a vehicle or automobile shall be presumptive evidence that the same is in the possession of all occupants of the vehicle or automobile.
E. 
Exemptions. This chapter shall not apply to individuals or organizations desiring to distribute or consume alcoholic beverages in public places, provided that written permission is obtained in advance from the Village Board of the Village of Huntington Bay. Such permission may be conditioned upon such terms as the Village Board in its discretion may impose.
F. 
Severability. Should any subdivision or section of this provision be judicially declared unconstitutional or invalid, such decision shall not affect or impair the validity of this section as a whole or any part thereof other than the particular division so declared to be unconstitutional or invalid.
A. 
No person shall enter, intrude or trespass upon any lot or premises within the Incorporated Village of Huntington Bay without authority from the owner thereof.
B. 
No person shall mar, deface, damage, destroy or remove any flowers, plants, shrubs, trees, buildings or structures within the Incorporated Village of Huntington Bay without authority from the owner thereof.
C. 
No vehicle shall enter upon the property of any private club or private beach association which issues identification stickers or guest passes for vehicles without having such sticker or pass properly displayed.
D. 
Nothing herein contained shall limit the rights of the Board of Trustees or the duly authorized agent thereof to enter any building or enter upon any land at any reasonable hour as necessary in the execution of its duty, and no person shall interfere with or prevent such entry.
[Amended 1-12-2004 by L.L. No. 1-2004]
A. 
No person shall swim or bathe in that portion of Huntington Bay, Northport Bay or Huntington Harbor within the jurisdiction of the Incorporated Village of Huntington Bay unless covered with attire suitable for bathing so as to prevent any indecent or improper exposure of the person, nor shall any person dress or undress in any place exposed to view.
B. 
No person shall bury, dump, empty or throw, nor permit to be buried, dumped, emptied or thrown, any garbage, sewage, rubbish or refuse of any kind on the shores or into the waters of Huntington Bay, Northport Bay or Huntington Harbor which border lands in the Incorporated Village of Huntington Bay, or into any pond or stream within the limits of said Village.
C. 
No person shall throw, cast, lay or deposit a glass bottle or part thereof, a piece of crockery or any glass or glassware, tin or tinware or any other metal or substance likely to injure any person on any beach or other part of the waterfront in the Incorporated Village of Huntington Bay.
D. 
No person shall camp on public beaches or other public property in the Incorporated Village of Huntington Bay without permission of the Mayor or Police Chief. No person shall camp on private beaches or property without permission of the property owner and only in conformance with other applicable laws. For the purpose of this section, "camping" shall be defined to include but not be limited to the use of any vehicle or tent for the purpose of sleeping after sundown and sleeping on beaches or other land after sundown.
E. 
No person shall be permitted to remove sand or stone from the shoreline of Huntington Bay.
F. 
No person shall be permitted to ride on any beach in the Village, except police, emergency or maintenance vehicles. For the purpose of this chapter, a "vehicle" shall be defined as any self-propelled transportation device mounted on tracks, treads or wheels or any number or combination thereof.
[Amended 1-14-2002 by L.L. No. 2-2002; 4-24-2017 by L.L. No. 7-2017]
Unless provided for elsewhere in this chapter, each offense against the provisions of this chapter or article shall constitute a violation pursuant to the Penal Law of the State of New York and shall be punishable as such. Any person or persons violating any provisions of this chapter or article shall be liable for and shall be punished by a fine of not less than $100 and not more than $350 for a conviction on a first offense; by a fine of not less than $250 and not more than $750 or by imprisonment not in excess of 15 days, or both, for a conviction on a second offense both of which were committed within a period of five years; and by a fine not less than $750 and not more $1,500 or by imprisonment not in excess of 30 days, or both, for a conviction of a third or succeeding offense all of which were committed within a period of five years.
[Added 1-14-2002 by L.L. No. 2-2002]
If any part or provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this chapter or the remainder thereof had such invalid application or invalid provision been apparent.