[HISTORY: Adopted by the Board of Trustees
of the Village of Southampton 10-17-1969; amended in its entirety 12-11-1998 by L.L. No. 8-1998. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Sound that reaches the point of interest by propagation through
air.
Includes all zoning districts classified as business districts and all zoning districts classified as industrial districts pursuant to Chapter 116 of this Code, except the Hospital Accessory District and the Medical District.
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 chain
saws, 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 abbreviation for decibel.
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 microbar) abbreviated "dB."
The number of oscillations per second expressed in hertz
(abbreviated "Hz").
All engine- 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 abbreviation for hertz, equivalent to cycles per second.
The presence of that amount of acoustic energy for that amount
of time necessary to:
Cause temporary or permanent hearing loss in
a person exposed;
Otherwise 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
herein; 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:
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 persons in the vicinity;
and that such noise is plainly audible at a distance of 50 feet from
the area, building, structure or vehicle from which such noise emanates.
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 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 50 feet from the area, building,
structure or vehicle in which it is located.
Noise emanating from moving, stopped or parked
vehicles.
Sound pressure level measured in standard octave bands with
a sound-level meter and octave-band analyzer that meet ANSI S1.4 and
S1.11 or the latest revision thereof.
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.
Includes all zoning districts classified as residence districts, the zoning district classified as the Hospital Accessory District and the zoning district classified as the Medical District pursuant to Chapter 116 of this Code.
A.
No person or persons owning, leasing or controlling
the operation of any source of noise shall permit the establishment
of a condition of noise pollution.
B.
The use of amplifiers, speakers or other machines or devices capable of reproducing amplified sound on the exterior of any premises, dwelling or building within the Village shall be considered noise pollution and shall be prohibited at all times, except noncommercial amplified sound that does not exceed the noise standard established in § 77-3 of this chapter.
C.
No person
shall operate, or permit to be operated, any pile driver at any time
on Saturdays, Sundays and public holidays (as defined in the General
Construction Law) during the period from Memorial Day through Labor
Day. Operation of any pile driver at any time on Saturdays, Sundays
and public holidays (as defined in the General Construction Law) during
said period is hereby deemed to interfere with the comfortable enjoyment
of life and property, shall be considered noise pollution, and is
hereby prohibited. The foregoing prohibition shall not apply to emergency
operation of a pile driver performed by or authorized by the State
of New York, the County of Suffolk, the Town of Southampton, the Village
of Southampton, Long Island Lighting Company, Verizon New York or
any other recognized utility serving the area.
[Added 4-14-2011 by L.L. No. 3-2011]
A.
No person shall create or cause to be emitted any
noise which, when measured at any or beyond any lot line of the property
on which such noise is being generated in a residential district,
exceeds the following standards:
(1)
From 7:00 a.m. to 7:00 p.m.:
(a)
Airborne sound in excess of 65 dBA's; or
(b)
Airborne sound which has an octave band sound-pressure
level in decibels which exceeds the values listed 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's; or
(b)
Airborne sound which has an octave band sound-pressure
level 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
|
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 or beyond any lot line of the property
on which such noise is being generated in a commercial district, exceeds
the following standards:
(1)
From 7:00 a.m. to 7:00 p.m.:
(a)
Airborne noise in excess of 70 dBA's; or
(b)
Airborne sound which has an octave band sound-pressure
level in decibels which exceeds the value listed below in one or more
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 noise in excess of 55 dBA's; or
(b)
Airborne sound which has an octave band sound-pressure
level in decibels which exceeds the value listed below in one or more
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
|
A.
The provisions of § 77-3 shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby, except the following:
(1)
The intermittent or occasional use between 7:00 a.m. and 7:00 p.m. of homeowner's light residential outdoor equipment or commercial service equipment, provided that said equipment and its use comply with the other provisions hereof. Notwithstanding the foregoing exception from the provisions of § 77-3, the provisions of § 77-3 shall apply to the use of leaf blowers and to noise produced thereby during the period from Memorial Day through Labor Day in each year except for necessary cleanup after a major storm. As used herein, the term "leaf blower" shall mean and include all engine- or motor-powered equipment or tools used for the purpose of collecting or moving leaves, grass or the like by the emitting of a stream of high-speed air.
[Amended 9-10-2004 by L.L. No. 9-2004]
(2)
Construction activities between 8:00 a.m. and 6:00
p.m. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays except
on public holidays (as defined in the General Construction Law), and
construction activities between 9:00 a.m. and 5:00 p.m. on Saturdays
except on public holidays (as defined in the General Construction
Law), and the associated use of construction devices and/or the noise
produced thereby, provided that such activities and such equipment
and their use comply with the other provisions hereof.
[Amended 9-10-2004 by L.L. No. 9-2004]
(3)
Agriculture.
(4)
Noise from church bells or chimes used in conjunction
with religious services.
(5)
Public celebrations.
(6)
Noise of aircraft flight operations.
(7)
The lawful operation of properly equipped motor vehicles
on any public way.
(8)
Noise from snowblowers, snowthrowers and snowplows
when operated with a muffler for the purpose of snow removal.
(9)
Noise generated from lawful athletic or recreational
events held on the property of the Village of Southampton so suited
for such activities.
(10)
Organized activities sponsored by any school district,
private school or fire district or department within the Village of
Southampton.
(11)
Noise from municipally sponsored celebrations or events.
(12)
Noise from lawful fireworks displays, parades, carnivals
and the like held in accordance with all pertinent provisions of the
Southampton Village Code.
(13)
Noncommercial public speaking and public assembly
activities conducted on any public space or public right-of-way.
(14)
Emergency construction or repair work performed by
or authorized by the State of New York, the County of Suffolk, the
Town of Southampton, the Village of Southampton, Long Island Lighting
Company, New York Telephone or any other recognized utility serving
the area.
(15)
The activities of any fire department, ambulance squad
or similar emergency or rescue organization.
Anyone present with several persons whose collective
behavior shall constitute noise pollution shall be rebuttably presumed
to have participated therein and shall be subject to all the provisions
of this chapter.
