[HISTORY: Adopted by the Board of Trustees
of the Village of Port Jefferson as Ch. 50 of the 1970 Code; amended
in its entirety 2-3-2020 by L.L. No. 1-2020. Subsequent amendments
noted where applicable.]
The Village of Port Jefferson has a unique mix of commercial
and residential uses which require the additional regulation of sound
to ensure the peaceful and symbiotic coexistence of all uses within
its boundaries. An additional challenge is posed by the geography
of the Village, half of which is located in a natural bowl of hills
surrounding the downtown area and harbor. This feature creates a natural
amphitheater in which sound is transmitted over a wide area. Crafting
of regulations that are uniquely appropriate for the Village of Port
Jefferson is aimed to protect quality of life of its residents while
providing an atmosphere for businesses to flourish. The existence
of unreasonably loud, unnecessarily disturbing or unusual noise within
the Village 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 Village of Port Jefferson. It is the public policy and findings
of the Village 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 Village of Port Jefferson
and its inhabitants.
As used in this chapter, the following terms shall have the
meanings indicated:
Including but not limited to farm implements, tractors (not
including small tractors used for the maintenance of residential property),
cultivators, and other such items that are customarily used for active
farming.
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.
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, cranes, etc.
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.
Building, structure, property, athletic field or park owned
and/or operated by a municipality, school district (public or private)
or fire department.
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 lawnmowers, garden tools,
riding tractors, snowblowers, snowplows, leaf-blowers, etc.
Airborne or amplified sound which:
Causes temporary or permanent hearing loss in persons exposed;
Is otherwise injurious, or tends to be, on the basis of current
information injurious to the public health or welfare;
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, any enumeration herein shall not be deemed to be exclusive:
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 in the vicinity
of the sound and/or residing or occupying an adjacent or neighboring
property.
Persistent noise from a domestic animal in excess of 30 minutes,
which disturbs 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.
Parcel of land occupied by a building and accessory buildings
or uses customarily incidental to it. When the complainant is the
occupant of an apartment, condominium, homeowners' association,
co-op or commercial space, the "property line" shall be located at
the edge of the space to which the occupant maintains rights.
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 in any structure within the Village shall permit the establishment of a condition of noise pollution. Except as provided in § 173-4, Standards, the use of amplifiers, speakers or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Village shall be considered noise pollution and shall be prohibited at all times.
No person shall create or cause to be emitted any noise, which
when measured on a sound-level meter from the property line of a complaining
party, or in the commercial districts, from the property line of the
property from which the noise is being emitted or, the location of
the complaining party, or the property line of the complaining party
exceeds the following standards:
A.
Sunday through Thursday:
(1)
From 7:00 a.m. to 7:00 p.m., airborne or amplified sound at or in
excess of 65 dBA.
(2)
From 7:00 p.m. to 7:00 a.m., airborne or amplified sound at or in
excess of 50 dBA.
(3)
During "the season," Memorial Day through Labor Day, the provision
of music or live entertainment via amplified device in establishments
with valid seasonal outdoor dining permits shall be permitted at or
below 65 dBA no later than 10:00 p.m.
(4)
Prior to Memorial Day and after Labor Day, the provision of music
or live entertainment via amplified device in establishments with
valid seasonal outdoor dining permits shall be permitted at or below
65 dBA no later than 9:00 p.m.
B.
Friday and Saturday:
(1)
From 7:00 a.m. to 11:00 p.m., airborne or amplified sound at or in
excess of 65 dBA.
(2)
During "the season," Memorial Day through Labor Day, the provision
of music or live entertainment via amplified device in establishments
with valid seasonal outdoor dining permits shall be permitted at or
below 65 dBA no later than 11:00 p.m.
(3)
Prior to Memorial Day and after Labor Day, the provision of music
or live entertainment via amplified device in establishments with
valid seasonal outdoor dining permits shall be permitted at or below
65 dBA no later than 9:00 p.m.
(4)
From 11:00 p.m. to 7:00 a.m., airborne or amplified sound in excess
of 50 dBA.
A.
The intermittent or occasional use between 7:00 a.m. through 9:00
p.m. of homeowner's light residential outdoor equipment with
mufflers or commercial service equipment, provided that such activities
and such equipment and their use comply with the other provisions
hereof.
B.
Construction activities between 7:00 a.m. through 6:00 p.m. on Mondays
through and including Fridays and between 8:00 a.m. and 5:00 p.m.
on Saturdays, 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 hereof. No such use
shall be permitted on Sundays unless by written permission of the
Board of Trustees or in any case of emergency.
C.
Noise from agricultural equipment.
D.
Noise from church bells or chimes.
E.
Noise from snowblowers, snow-throwers and snowplows when operated
with a muffler for the purpose of snow removal.
F.
Nonamplified noise generated from athletic or recreational activities
or events, taking place at facilities which are open to the public
during scheduled hours of operation.
G.
Noise from organized activities sponsored by any school district,
private school or fire district or department within the Village of
Port Jefferson.
H.
Amplified noise from any school district or private school sponsored
sporting events or commencement ceremonies.
I.
Noise from municipally sponsored celebrations or events.
J.
Noise from lawful fireworks displays, parades, and other charitable
and special events held in accordance with all pertinent provisions
of the Village of Port Jefferson Code.
K.
Noncommercial public speaking or public assembly activities conducted
on any public space or public right-of-way.
L.
Emergency construction or repair work.
M.
Noise from the activities of any fire department, ambulance squad,
Suffolk County Police Department, Village Code Department or similar
emergency or rescue organization in carrying out their official duties.
N.
Noncommercial amplified sound that does not exceed the noise standard established in § 173-4, Standards, of this chapter.
O.
Emergency stationary and mobile signal devices.
P.
Audible exterior alarms in continuous operation for 15 minutes or
less.
Q.
Residential air-conditioning units.
R.
Emergency generators.
S.
The emission of sound from industrial and commercial equipment, provided
the operation of such equipment is an integral part of providing product
critical to the Village and surrounding region.
The provisions of this chapter shall be administered and enforced
by the Village of Port Jefferson Code Department.
A.
Any person who shall violate any provisions of this chapter shall
be guilty of a violation punishable by a fine not less than $250 and
not exceeding $500; any person who has been convicted of a violation
of this chapter and is thereafter charged with a subsequent violation
of this chapter at any time within five years of the first conviction
a fine of not less than $1,000 but not exceeding $2,500 shall be imposed
upon conviction of this second offense; any person who has been convicted
of a violation of this chapter and is thereafter charged with a subsequent
violation of this chapter at any time within five years of the first
conviction, a fine not less than $3,000 but not exceeding $5,000 shall
be imposed upon conviction of this third offense. If the violation
is of a continuing nature, each one-hour period, or part thereof,
of violation of any provision of this chapter shall constitute an
additional, separate and distinct offense.
B.
In addition to any other remedy provided by law, the Village may
seek injunctive relief in a court of appropriate jurisdiction.
If any clause, sentence paragraph, section, article, chapter
or part of this local law or of any local law, ordinance or resolution
included in this code now or through supplementation shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof but shall
be confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
