[HISTORY: Adopted by the Board of Trustees of the Village of Patchogue 6-22-2009 by L.L. No. 19-2009. Amendments noted where applicable.]
Amusements and exhibitions — See Ch. 139.
Animals — See Ch. 143.
Peace and good order — See Ch. 302.
Peddlers — See Ch. 306.
Editor’s Note: This local law also repealed former Ch. 281, Noise, adopted 3-27-1978 by L.L. No. 2-1978, as amended.
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.
- 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 that exceeds the permissible limits set forth in this chapter.
- BUSINESS DISTRICT
- All zoning districts identified as "business districts" pursuant to Chapter 435, Zoning, of this Code.
- 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.
- 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").
- 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, snowplows, etc.
- The abbreviation for hertz, equivalent to cycles per second.
- INDUSTRIAL DISTRICT
- All zoning districts identified as industrial districts pursuant to Chapter 435, Zoning, of this Code.
- NOISE CONTROL ADMINISTRATOR
- The noise control officer designated as the official empowered to grant permits for variances.
- NOISE POLLUTION
- Any airborne sounds of such level and duration which exceeds the permissible limits set forth in this chapter.
- 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.
- 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.
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 § 281-5, 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.
Residential standards. 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:
Business/industrial standard. 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 business or industrial district, exceeds the following standards:
Additional residential requirements. The use of homeowner's light residential outdoor equipment or commercial service equipment shall be prohibited in a residential district on Saturdays before 8:00 a.m. and on Sundays and legal holidays before 9:00 a.m.
[Added 6-22-2015 by L.L. No. 6-2015]
The provisions of this chapter shall be enforced by code enforcement officers, public safety officers, noise control officers and/or police officers.
The authorized officers shall have the power to:
The provisions of § 281-3 shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby, except the following:
The intermittent or occasional use on weekdays between 7:00 a.m. and 7:00 p.m., on Saturdays between 9:00 a.m. and 7:00 p.m., and on Sundays and legal holidays between 10:00 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.
[Amended 6-22-2015 by L.L. No. 6-2015]
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.
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 athletic or recreational events held on the property of the Village of Patchogue so suited for such activities.
Organized activities sponsored by any school district, private school or fire district or department within the Village of Patchogue.
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 Code of the Village of Patchogue.
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 Patchogue, 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.
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.
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.
In addition to any other remedy provided by law, the Village may bring an injunction proceeding to enforce this chapter.
Any person who owns or operates any stationary noise source may apply to the Chief Building Inspector for a variance from one or more of the provisions of this chapter. Applications for a variance shall supply information, including but not limited to:
The nature and location of the facility or process for which such application is made.
The reason for which the variance is requested.
The nature and intensity of noise that will occur during the period of the variance.
A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom.
A specific schedule of the noise control measures which shall be taken to bring the source into compliance.
Failure to supply the information required by the Chief Building Inspector shall be cause for rejection of the application.
The Chief Building Inspector shall charge the applicant a fee as established by resolution of the Board of Trustees to cover expenses resulting from the processing of the variance application.
The Chief Building Inspector may, at his/her discretion, limit the duration of the variance, which shall never be longer than 15 days. Any person holding a variance and requesting an extension of time may apply for a new variance under the provisions of this section. No person shall be entitled to variances totaling more than 30 days during any calendar year.
The variance shall operate as a stay of prosecution.
The variance may be revoked by the Chief Building Inspector if the terms of the variance are violated.
[Amended 8-24-2009 by L.L. No. 22-2009]
Permit is required for outdoor sound-production or amplification devices between 7:00 p.m. and 11:00 p.m.
No commercial or business operation which provides entertainment through the use of sound-reproduction or amplification devices in an outdoor setting, whether under a tent or other nonpermanent structure or otherwise, shall do so without first obtaining a commercial noise permit from the Board of Trustees.
"Outdoor" is defined as any area not enclosed by permanent walls, ceilings, roofs, floors or windows; and any area with fabric or membrane walls on one or more edges of the ceiling or roof soffit. Watercraft located on the property or tied to the property's dock(s) shall also be considered outdoors.
"Indoor" is defined as any area enclosed by permanent walls, ceilings, roofs, floors and windows.
A commercial noise permit allows a business located in a business or industrial zone to extend the provisions of the decibel standards set forth in § 281-3B(1) as follows:
From 7:00 p.m. to 11:00 p.m. Friday and Saturday. After 11:00 p.m., all outdoor music is prohibited and the decibel standards set forth in § 281-3B(2) apply.
For the first violation of the noise standards, a notice before summons shall be issued to the business holding the commercial noise permit. A second violation shall result in the immediate suspension of the commercial noise permit, and shall result in the revocation of the commercial noise permit and 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.
A business whose commercial noise permit is suspended or revoked cannot apply for a new permit until the expiration of 90 days from the date of the suspension and/or revocation, whichever is later.
The fee for the commercial noise permit shall be set by the Board of Trustees by resolution.
The commercial noise permit shall be issued on an annual basis, expiring on December 31 of the issued year.
[Added 10-25-2010 by L.L. No. 24-2010]
No person shall operate or permit to be operated any tools or equipment used in construction, drilling or demolition work:
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 sounds therefrom create unreasonable noise across a residential real property boundary.
The provisions of this section shall not apply to emergency or municipal work.