[HISTORY: Adopted by the Board of Trustees
of the Village of Patchogue 6-22-2009 by L.L. No. 19-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Amusements and exhibitions — See Ch. 139.
Animals — See Ch. 143.
Peace and good order — See Ch. 302.
Peddlers — See Ch. 306.
[1]
Editor’s Note: This local law also repealed former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:
Sound that reaches the point of interest by propagation through
air.
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.
All zoning districts identified as "business districts" pursuant to Chapter 435, Zoning, of this Code.
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,
snowplows, etc.
The abbreviation for hertz, equivalent to cycles per second.
All zoning districts identified as industrial districts pursuant to Chapter 435, Zoning, of this Code.
The noise control officer designated as the official empowered
to grant permits for variances.
Any airborne sounds of such level and duration which exceeds
the permissible limits set forth in this chapter.
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.
All zoning districts identified as residential districts pursuant to Chapter 435, Zoning, of this Code.
[Amended 6-27-2022 by L.L. No. 4-2022]
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, building or motorized vehicle within the Village shall be considered noise pollution and shall be prohibited at all times.
A.
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:
(1)
From 7:00 a.m. to 7:00 p.m.:
(a)
Airborne sound in excess of 65 dBAs; 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 dBAs;
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.
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:
(1)
From 7:00 a.m. to 7:00 p.m.:
(a)
Airborne noise in excess of 70 dBAs; 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 dBAs;
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
|
C.
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]
A.
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:
(1)
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]
(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)
Noise of aircraft flight operations.
(6)
The lawful operation of properly equipped motor vehicles on any public
way.
(7)
Noise from snowblowers, snow throwers and snowplows when operated
with a muffler for the purpose of snow removal.
(8)
Noise generated from lawful athletic or recreational events held
on the property of the Village of Patchogue so suited for such activities.
(9)
Organized activities sponsored by any school district, private school
or fire district or department within the Village of Patchogue.
(10)
Noise from municipally sponsored celebrations or events.
(11)
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.
(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 Village of Patchogue,
Long Island Power Authority, New York Telephone or any other recognized
utility serving the area.
(14)
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.
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 Village may
bring an injunction proceeding to enforce this chapter.
A.
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:
(1)
The nature and location of the facility or process for which such
application is made.
(2)
The reason for which the variance is requested.
(3)
The nature and intensity of noise that will occur during the period
of the variance.
(4)
A description of interim noise control measures to be taken by the
applicant to minimize noise and the impacts occurring therefrom.
(5)
A specific schedule of the noise control measures which shall be
taken to bring the source into compliance.
B.
Failure to supply the information required by the Chief Building
Inspector shall be cause for rejection of the application.
C.
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.
D.
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.
E.
The variance shall operate as a stay of prosecution.
F.
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.
A.
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.
B.
"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.
C.
"Indoor" is defined as any area enclosed by permanent walls, ceilings,
roofs, floors and windows.
D.
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:
[Amended 6-27-2022 by L.L. No. 4-2022]
E.
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 issuance of a summons, the
immediate suspension of the commercial noise permit pending prosecution,
and upon conviction shall result in the revocation of the commercial
noise permit and a fine not exceeding $2,000 or by imprisonment not
exceeding 15 days, or both. Upon conviction for a third or subsequent
offense within the permit period, such offense shall be punishable
by a fine of not less than $2,500 nor more than $10,000 or imprisonment
not exceeding 15 days, or by both.
[Amended 6-27-2022 by L.L. No. 4-2022]
F.
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.
G.
The fee for the commercial noise permit shall be set by the Board
of Trustees by resolution.
H.
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]
A.
No person
shall operate or permit to be operated any tools or equipment used
in construction, drilling or demolition work:
(1)
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.
B.
The provisions
of this section shall not apply to emergency or municipal work.
