[HISTORY: Adopted by the Town Board of the
Town of Southampton 2-8-1983 by L.L. No. 1-1983. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
- AIRBORNE SOUND
- Sound that reaches the point of interest by propagation through air.
- COMMERCIAL DISTRICT
- All zoning districts identified as "business districts" pursuant to Chapter 330 of this Code. [Amended 7-10-1990 by L.L. No. 19-1990]
- COMMERCIAL SERVICE EQUIPMENT
- 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.
- CONSTRUCTION DEVICE
- 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.
- dB
- The abbreviation for decibel.
- dBA
- 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.
- DECIBEL
- 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."
- FREQUENCY
- The number of oscillations per second, expressed in hertz (abbreviation "Hz").
- HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
- 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, snowberry's, snowplows, etc.
- Hz
- The abbreviation for hertz, equivalent to cycles per second.
- INDUSTRIAL DISTRICT
- All zoning districts identified as "industrial districts" pursuant to Chapter 330 of this Code.[Amended 7-10-1990 by L.L. No. 19-1990]
- NOISE POLLUTION[Amended 5-22-1984 by L.L. No. 10-1984]
- The presence of that amount of acoustic energy for that amount of time necessary to:
- A. Cause temporary or permanent hearing loss in persons exposed;
- B. Otherwise be injurious, or tend to be, on the basis of current information, injurious to the public health or welfare;
- C. Cause a nuisance;
- D. Exceed standards or restrictions established herein; or
- E. 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:
- (1) 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 50 feet from the area, building, structure or vehicle from which such noise emanates.
- (2) 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.
- (1)
- OCTAVE BAND SOUND PRESSURE LEVEL
- Sound pressure level measured in standard octave bands with sound level meter and octave band analyzer that meet ANSI S1.4 and S1.11, or the latest revision thereof.
- PERSON
- 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.
- RESIDENTIAL DISTRICT
- All zoning districts identified as "residential districts" pursuant to Chapter 330 of this Code.[Amended 7-10-1990 by L.L. No. 19-1990]
[Amended 6-14-1988 by L.L. No. 7-1988; 7-12-1988 by L.L. No. 15-1988]
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. Except as provided in § 235-4, 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 Town shall be considered noise pollution and shall be prohibited at all times.
[Amended 1-12-1993 by L.L. No. 1-1993]
A.
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 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 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'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 or industrial
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 values 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 sound which has a sound level in excess
of 55 dBA's; 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
|
[Amended 4-12-1983 by L.L. No. 4-1983; 7-12-1988 by L.L. No. 15-1988]
A.
The provisions of § 235-3 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.
through 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.
(2)
Construction activities between 7:00 a.m. through
7:00 p.m., Monday through Friday and the associated use of construction
devices or the noise produced thereby, provided that such activities
and such equipment and their use comply with the other provisions
herein.
[Amended 3-16-2017 by L.L. No. 3-2017]
(3)
Construction activities between 8:00 a.m. through 6:00 p.m. Saturday
and/or Sunday and the associated use of construction devices or the
noise produced thereby, provided that such activities and such equipment
and their use comply with the other provisions herein.
[Added 3-16-2017 by L.L.
No. 3-2017[1]]
[1]
Editor's Note: This local law also provided for the renumbering
of former Subsection A(3) through (16) as Subsection A(4) through
(17), respectively.
(4)
Agriculture.
(5)
Noise from church bells or chimes used in conjunction
with religious services.
(6)
Public celebrations.
(7)
Noise of aircraft flight operations.
(8)
The lawful operation of properly equipped motor vehicles
on any public way.
(9)
Noise from snowblowers, snowthrowers and snowplows
when operated with a muffler for the purpose of snow removal.
(10)
Noise generated from lawful athletic or recreational
events held on the property of the Town of Southampton so suited for
such activities.
(11)
Organized activities sponsored by any school district,
private school or fire district or department within the Town of Southampton.
(12)
Noise from municipally sponsored celebrations or events.
(13)
Noise from lawful fireworks displays, parades, carnivals
and the like held in accordance with all pertinent provisions of the
Southampton Town Code.
(14)
Noncommercial public speaking and public assembly
activities conducted on any public space or public right-of-way.
(15)
Emergency construction or repair work performed by
or authorized by the State of New York, the County of Suffolk, the
Town of Southampton, Long Island Lighting Company, New York Telephone
or any other recognized utility serving the area.
(16)
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.
[Amended 7-10-1990 by L.L. No. 19-1990; 7-9-2002 by L.L. No. 21-2002]
A.
Any person who shall violate the provisions of this
chapter shall be guilty of a violation punishable by a fine not exceeding
$1,000 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.
In addition to any other remedy provided by law, the
Town may bring an injunction proceeding to enforce this chapter.