[HISTORY: Adopted by the Board of Trustees
of the Village of Sagaponack 8-13-2007 by L.L. No. 11-2007. 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.
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
(abbreviation "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.[1]
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
persons 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 a person or persons in
the vicinity and where 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 or 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.
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.
All zoning districts identified as residential districts pursuant to Chapter 245, Zoning, of this Code.
[Amended 9-21-2015 by L.L. No. 7-2015]
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 § 142-4, 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 Village shall be considered noise pollution and shall be prohibited at all times, except when used in connection with a public emergency by an officer of a police department or member of a fire department and except when expressly authorized under Village Code Chapter 150.[1]
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; 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; 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; 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; 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
|
A.
The provisions of § 142-3 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.
(2)
Construction activities between 7:00 a.m. and 7:00 p.m. 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 except as provided in § 30-9H.
[Amended 9-17-2012 by L.L. No. 3-2012]
(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, snow throwers and snowplows
when operated with a muffler for the purpose of snow removal.
(9)
Organized activities sponsored by any school within
the Village.
(10)
Noise from municipally sponsored celebrations or events.
(11)
Noise from lawful fireworks displays, parades, carnivals
and the like.
(12)
Noncommercial public speaking and public assembly
activities conducted on any public space or public right-of-way.
(13)
Emergency construction or repair work performed by
or authorized by the State of New York, the County of Suffolk, the
Town of Southampton, Village of Sagaponack, Long Island Power Authority
(LIPA), New York Telephone or any other recognized utility serving
the area.
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.
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.
B.
In addition to any other remedy provided by law, the
Village may bring an injunction proceeding to enforce this chapter.
