[HISTORY: Adopted by the Board of Trustees of the Village of Islandia 1-26-1988 by L.L. No. 13-1988; amended in its entirety 6-29-2010 by L.L. No. 2-2010. Amendments noted where applicable.]
The Board of Trustees of the Village of Islandia hereby declares its intent to prevent unreasonably loud and disturbing noises as they are deemed to be detrimental to the life, health, welfare and good order of the people of the Village. By this enactment the Village Board intends to promote the health, safety, morale and welfare of the people of the Village, and in the exercise of its police powers in this regard, the Village Board does hereby enact the following chapter. It is the intention of the Village Board that this chapter be liberally construed so as to effectuate the purposes described in this section.
As used in this chapter, the following terms shall have the meanings indicated:
- AMBIENT NOISE
- The all-encompassing background noise level associated with a given environment, being usually a composite of sounds from many sources.
- A-WEIGHTED SOUND LEVEL [dB(A)]
- The sound pressure level in decibels as measured on a sound level meter using the A-weighted network slow response; the level so designated dB(A).
- Any site preparation, assembly, erection, repair, alteration or similar actions, but excluding demolition, of buildings or structures.
- CONTINUOUS SOUND
- Any sound that is not an impulsive sound.
- The practical unit of measurement from sound pressure level. The number of decibels of a measured sound is equal to 20 times the logarithm of the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals), abbreviated "dB."
- DOMESTIC ANIMAL
- An animal of any type or species which is owned, harbored or maintained by a person.
- Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
- IMPULSIVE SOUND
- A sound characterized by brief excursions of peak sound pressure which significantly exceed the ambient sound.
- NOISE DISTURBANCE
- That level of sound which, in each context described in § 118-3, either:
- A. Annoys or disturbs a reasonable person of normal auditory sensitivities;
- B. Is clearly audible outside the residential, real property boundary from which it originates; or
- C. Is loud, disturbing, unusual, unreasonable and unnecessary as well as audible outside the structure or the real property boundary from which it originates.
- PEAK SOUND PRESSURE LEVEL
- The maximum absolute value of the instantaneous sound pressure level during a specified time interval.
- An individual or a corporation.
- REAL PROPERTY BOUNDARY
- A line along the ground surface, and its vertical extension, which separates the real property owned or controlled by one person from that owned or controlled by another person, including intrabuilding real property divisions.
- RESIDENTIAL AREA
- An area designated for any residential use under Chapter 177, Zoning, of the Code of the Village of Islandia, or any area improved by a dwelling.
- SOUND LEVEL METER
- An instrument, including a microphone, an amplifier, an output meter and frequency-weighting networks, for the measure of sound levels.
- SOUND PRESSURE LEVEL
- The weighted sound pressure level in decibels obtained by the use of a sound level meter and frequency-weighting network, such as A, B or C. If the frequency weighting employed is not indicated, the A-weighting slow response shall apply.
- SOUND REPRODUCTION DEVICE
- Any device that is designed to be used or is actually used for the production or reproduction of sound, including but not limited to any musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public address system or any other sound-amplifying device.
- UNREASONABLE NOISE
- Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or which cause injury to animal life or damage to property or business. Standards to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to the following:
- A. The volume of the noise.
- B. The intensity of the noise.
- C. Whether the nature of the noise is usual or unusual.
- D. Whether the origin of the noise is natural or man-made.
- E. The volume and intensity of the background noise, if any.
- F. The proximity of the noise to residential sleeping facilities.
- G. The nature and the zoning district of the areas within which the noise emanates.
- H. The time of the day or night the noise occurs.
- I. The time duration of the noise.
- J. Whether the sound source is temporary.
- K. Whether the noise is continuous or impulsive.
- An oscillatory motion of particles described by displacement, velocity or acceleration with respect to a given reference point.
- Any day Monday through Saturday which is not a state or federal legal holiday.
Each of the following is declared to constitute a violation of this section:
Amplified sound: the using, operating of or permitting to be used or operated any device for producing, reproducing or amplifying sound, including but not limited to a radio, tape player or television, in such a manner as to create a noise disturbance.
Horns and signaling devices: the sounding of any horn, signaling device or alarm (except as a danger warning, pursuant to § 375 of the Vehicle and Traffic Law of the State of New York) which results in a harsh or loud sound or repetitive sounds for any unreasonable or unnecessary period of time so as to create a noise disturbance.
Shouting and yelling: shouting, yelling, singing, calling, hooting or whistling so as to create a noise disturbance.
Engines: the operation, including the stationary idling, of any engine, including but not limited to an automobile, truck, motorcycle, motorbike, motorboat or minibike engine, so as to create a noise disturbance.
No person shall operate or cause to be operated on a public highway any motorcycle at any time, under any condition or grade, load, acceleration or deceleration, in such a manner as to exceed a sound level of 86 dB(A) measured at or adjusted to a distance of 50 feet or 15 meters from the center of the lane in which the motorcycle is traveling.
Off-road recreational vehicles. No person shall operate or cause to be operated any off-road recreational motor vehicle off a public highway at any time, under any condition of grade, load, acceleration or deceleration in such a manner as to exceed a sound level of 90 dB(A) measured at a distance of 50 feet or 15 meters from the path of the vehicle or across a boundary of a private property when operated on private property. This section shall apply to all off-road recreation motor vehicles, whether or not they are duly licensed and registered.
Heavy equipment: the operation of any pile driver, bulldozer, pneumatic hammer, grinder or other construction equipment which creates a noise disturbance, except between 7:00 a.m. and 8:00 p.m. on weekdays and except in cases of urgent necessity in the interest of public safety.
Construction: any construction, excavation, demolition, alteration or repair which creates a noise disturbance, except between 7:00 a.m. and 10:00 p.m. on weekdays and except in cases of urgent necessity in the interest of public safety:
Between the hours of 8:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on Sundays or legal holidays such that the sound therefrom creates unreasonable noise across a residential real property boundary line or within a noise-sensitive zone.
At any other times such that the continuous sound in air level at or across a real property boundary exceeds an L10 of 80 dB(A).
At any other time such that the impulsive sound in air has a peak sound pressure level at or across a real property boundary in excess of 130 dB(A).
Domestic equipment: the operation of or the operation of permitting any power saw, drill, sander, router, lawn or garden device, leaf or snowblower, insect control device or domestic equipment so as to create a noise disturbance.
Machinery: the operation of any machinery, equipment, pump, fan, air-conditioning apparatus, or other mechanical device in such a manner as to create a noise disturbance.
Loading and unloading: the loading or unloading of any materials, equipment or garbage cans or the handling of bales, boxes, crates, containers or similar objects so as to create a noise disturbance.
Domestic animals: the howling, barking, squawking or other sounds of domestic animals which occurs so frequently or for such an unreasonable duration so as to create a noise disturbance.
Explosives, firearms and similar devices: the use or firing of explosives, firearms or similar devices so as to create a noise disturbance.
Vibration: the operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual beyond the property where the source is located. For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
Burglar alarms: No person shall cause, suffer, allow or permit noise from a burglar alarm of any building or motor vehicle unless such burglar alarm shall terminate its operation within 15 minutes after it has been activated and not operate more than 15 minutes in any one-hour period.
Modification of noise control devices: No person shall operate or permit to be operated any device that has been modified so as to cause the sound emitted from such device to be greater than that emitted by such device as originally manufactured.
Squealing tires: No person shall operate a vehicle in such a manner as to cause unnecessary noise by spinning or squealing the tires of such vehicle.
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:
No person shall create or cause to be emitted any noise which, when measured at or beyond the lot line of the property on which such noise is being generated in a commercial or industrial district, exceeds the following standards:
The provisions of Subsection P(1) and (2) above shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby, except the following:
The intermitted or occasional use between 7:00 a.m. through 10:00 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.
Construction activities between 7:00 a.m. through 10:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and its use comply with the other provisions hereof.
Noise from church bells or chimes used in conjunction with religious services.
Noise of aircraft flight operations.
The lawful operation of properly equipped motor vehicles on any public way.
Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal.
Noise generated from lawful or recreational events held on the property of the Village of Islandia so suited for such activities.
Organized activities sponsored by any school district, private school or fire district or department within the Village of Islandia.
Noise from municipally sponsored celebrations or events.
Noise from lawful fireworks displays, parades, carnivals and the like held in accordance with all pertinent provisions of the Village of Islandia Code.
Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way.
Emergency construction or repair work performed by or authorized by the State of New York, the County of Suffolk, the Village of Islandia, Long Island Power Authority, New York Telephone or any other recognized utility serving the area.
The activities of any fire department, ambulance squad or similar emergency or rescue organization.
The exceptions to the standards provided for in Subsection P(1) and (2) of this section enumerated in Subsection P(3)(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 Subsection P(1) and (2).
This chapter shall not apply to the following:
Emergency stationary and mobile signal devices.
Barking, squawking, whining, neighing or any other domestic animal sounds which are audible at a point beyond the real property boundary from which such sound emanates and which continue for over 15 minutes between the hours of 10:00 p.m. and 7:00 a.m. shall be prima facie evidence of a violation of this chapter.
The use of any sound-producing, sound-reproducing or sound-amplifying device, machinery, domestic equipment, heavy equipment or engine so as to cause the sound produced thereby to be audible outside the building or beyond the boundary of the real property where it originates between the hours of 10:00 p.m. and 7:00 a.m. the following day shall be prima facie evidence of a violation of this chapter.
Barking, squawking, whining, neighing or any other domestic animal sound which is audible at a point beyond the real property boundary from which such sound emanates and which continues for over 15 minutes between the hours of 10:00 p.m. and 7:00 a.m. shall be prima facie evidence of a violation of this chapter.
Any person who shall violate the provisions of this chapter shall be guilty of a violation punishable by a fine of not less than $2,500 nor more than $10,000 or imprisonment not exceeding 15 days, or by both.
In addition to any other remedy provided by law, the Village may bring an injunction proceeding to enforce this chapter.
The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.