[HISTORY: Adopted by the Town Board of the Town of Southold 7-19-2011 by L.L. No.
8-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted as Ch.
200 but was renumbered to preserve the alphabetical organization of
the Code.
This law shall be known as the "Prevention and Control of Noise
Pollution Law of Southold Town."
The gentle pace of life in the Town of Southold has traditionally
provided a respite from the noise and turmoil which has become an
integral part of life in the City and suburbs and which has even encroached
into many resort areas on the East End. Crafting of regulations that
are uniquely appropriate for the Town of Southold are aimed to protect
this rural, almost nostalgic way of life while providing an atmosphere
for businesses to flourish. The existence of unreasonably loud, unnecessarily
disturbing or unusual noise within the Town has become an increasingly
significant problem during recent years. Such noise pollution which
is prolonged, unusual or unnatural in its time, place and use is harmful
to the peace, welfare, comfort, safety, convenience, good order and
prosperity of the inhabitants of the Town of Southold. It is the public
policy and findings of the Town Board that every person is entitled
to noise levels that are not detrimental to life, health and the enjoyment
of his or her property. The provisions and prohibitions hereinafter
enacted are in pursuance of this policy and these findings and for
the purpose of protecting and promoting the public health, comfort,
convenience, peace, safety, welfare and prosperity of the Town of
Southold and its inhabitants.
This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law to promote the public health, safety and general welfare
of Town citizens through regulations intended to govern noise pollution
within the entire Town.
[Amended 8-10-2021 by L.L. No. 14-2021]
As used in this chapter, the following terms shall have the
meanings indicated:
Sound that reached the point of interest by propagation through
the air.
Sound which has its volume increased by electronic means.
An event whose sole purpose is to raise money for a specific
charity or nonprofit organization.
An individual, firm, corporate or other entity performing
commercial landscaping services.
The business or trade of rendering any landscaping services,
as defined herein, either as principal, independent contractor, or
through an agent or employee, for a fee, charge, or other compensation,
to or for the benefit of any owner, tenant, or occupant of any lot,
plot, or parcel of land.
All engine-powered 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, properly calibrated and operated on the A-weighing network.
The unit for measuring the volume of a sound based upon the
pressure level of a sound. For the purpose of this chapter, the standard
reference pressure stated herein will be used to assure a consistent
and standard reference for measuring sound.
A portable, handheld or backpack style power equipment that
is powered by fuel and used in any landscape maintenance, construction,
property repair, or property maintenance for the purpose of blowing,
moving, removing, dispersing, vacuuming or redistributing leaves,
dust, dirt, grass clippings, cuttings, and trimmings from trees and
shrubs or any other type of litter or debris.
New Year's Day, Martin Luther King, Jr. Day, President's
Day, Memorial Day, the Fourth of July, Labor Day, Columbus Day, Veterans
Day, Thanksgiving Day and Christmas Day.
All engine-powered or motor-powered garden or maintenance
tools intended for repetitive use in residential areas, typically
capable of being used by a homeowner. Examples of homeowner's
light residential outdoor equipment are lawn mowers, garden tools,
riding tractors, snowblowers, snowplows, etc.
The maintaining of and/or providing care of lawns, including
but not limited to mowing, cutting and trimming, also the gathering,
raking, blowing, and/or removal of leaves, grass or lawn clippings
and/or other debris, on any lot, plot or parcel of land. This includes
regular maintenance as well as fall and spring clean-ups.
Airborne or amplified sound which:
Causes temporary or permanent hearing loss in persons exposed;
or
Is otherwise injurious, or tends to be, on the basis of current
information injurious to the public health or welfare; or
Disturbs a reasonable person of normal sensitivities;
Exceeds standards or restrictions established herein; or
Interferes 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 or shouting that disturbs the quiet, comfort or repose
of person or persons residing or occupying an adjacent or neighboring
property.
The using of, operating of or permitting to be played, used
or operated, any radio, receiving set, musical instrument, phonograph,
television set or other machine or device for the producing or reproducing
of airborne or amplified sound in such a manner as to disturb the
peace, quiet and comfort of the person or persons residing or occupying
an adjacent or neighboring property.
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.
An instrument for the measurement of noise and sound levels
including a microphone, amplifier, an output meter and frequency weighting
networks which comply with standards established by the American National
Standards Institute (ANSI) specifications for sound-level meters.
No person or persons owning leasing or controlling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in § 180-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times.
No person shall create or cause to be emitted any noise pollution
which when measured on a sound-level meter from the property line
of a complaining property owner exceeds the following standards:
[Added 8-10-2021 by L.L. No. 14-2021[1]]
A.Â
Notwithstanding the provisions of §§ 180-5 and 180-6, the following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter:
(1)Â
The operation of any gas-powered leaf blower device by commercial
landscapers performing commercial landscaping services during the
following days and times shall be deemed noise pollution:
B.Â
In the event of an emergency as determined by the Town Supervisor,
or the Supervisor's designee, the restrictions set forth herein
may be suspended.
[1]
Editor's Note: This local law also renumbered former §§ 180-7
through 180-9 as §§ 180-8 through 180-10, respectively.
