The gentle pace of life on Shelter Island 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 mainland. Crafting
of regulations that are uniquely appropriate for Shelter Island are
aimed to protect this rural, almost nostalgic way of life while providing
an atmosphere for businesses to flourish. The existence of unreasonably
loud, unnecessary, disturbing or unusual noise within the Town has
become an increasingly significant problem during recent years. Such
noise 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 Shelter
Island. 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 Shelter Island and its inhabitants.
This chapter is adopted as a local law pursuant
to the authority of the Municipal Home Rule Law.
As used in this chapter, the following terms
shall have the meaning indicated:
dB(A)
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.
DECIBEL
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.
NOISE DISTURBANCE
Sound which:
A.
Endangers or injures the safety or health of
humans or animals, or
B.
Annoys or disturbs a reasonable person of normal
sensitivities; or
C.
Endangers or injures personal or real property.
PERSON
An individual, association, partnership, corporation or other
legal entity.
PUBLIC RIGHT-OF-WAY
Any street, road, highway or sidewalk that is leased, owned
or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures that are leased, owned or
controlled by a governmental entity.
REAL PROPERTY LINE
A.
The imaginary line including its vertical extension
separating one parcel of real property from another; or
B.
The vertical and horizontal boundaries of a
dwelling unit that is one in a multidwelling building.
SOUND-LEVEL METER
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.
UNREASONABLE NOISE
Any noise of a type or volume which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of a reasonable person of normal sensibilities.
No person shall make, cause, allow or permit
to be made any unreasonable noise within the geographical boundaries
of the Town or within those areas over which the Town has jurisdiction
including the waters and beaches adjacent thereto, abutting or bordering
the Town.
Exceptions are as follows:
A. Noise generated by municipally sponsored, sanctioned
functions or charitable events designed to promote the health, safety
or welfare of the inhabitants of Shelter Island. Any event on public
or private property, including any business property, that seeks an
exemption from this chapter must obtain Town Board approval for such
exception prior to the beginning of the event. Each charitable event
shall require a separate approval.
[Amended 10-22-2021 by L.L. No. 11-2021]
(1) In order
to qualify for the exemption, the charity must be a registered tax
exempt corporation, a New York State Registered Charity or a municipal
corporation or department or other Town approved function, and the
principal purpose of the event must be support of the charity.
(2) The
event must raise at least $1,000 for the named charity.
The provisions of this chapter shall be administered
and enforced by the Shelter Island Police Department and the Shelter
Island Building Department.
If any provision of this chapter is held to
be unconstitutional or invalid by any court of competent jurisdiction,
the remaining provisions of the chapter shall not be invalidated.
This chapter shall become effective upon filing
with the Secretary of State.