Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southampton 2-8-1983 by L.L. No. 1-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 85.
Dogs and cats — See Ch. 150.
Peddling and soliciting — See Ch. 254.
Off-road vehicles — See Ch. 320.
Zoning — See Ch. 330.

§ 235-1 Definitions.

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.
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]

§ 235-2 General prohibition.

[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.

§ 235-3 Noise standards.

[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

§ 235-4 Exceptions.

[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. 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.
(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 Town of Southampton so suited for such activities.
(10) 
Organized activities sponsored by any school district, private school or fire district or department within the Town 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 Town 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, 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.
(16) 
Noncommercial amplified sound that does not exceed the noise standard established in § 235-3 of this chapter.
B. 
The exceptions to the standards provided for in § 235-3 of this chapter enumerated in Subsection A above shall not be construed to exempt any said source of noise from the provisions of this chapter under the definitions of noise pollution or person in § 235-1.
C. 
This chapter shall not apply to the following:
(1) 
Emergency stationary and mobile signal devices.
(2) 
Audible exterior burglar alarms in operation for 15 minutes or less.

§ 235-5 Presumption of guilt.

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.

§ 235-6 Penalties for offenses.

[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.