[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 11-4-1997 by L.L. No. 5-1997 (Ch. 33 of the 1968 Compilation). Amendments noted where applicable.]
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 Resort Motel District or Village Business District or Waterfront District or Marine District pursuant to Chapter 300 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 (abbreviated "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, snowblowers, snowplows, etc.
- The abbreviation for hertz, equivalent to cycles per second.
- NOISE POLLUTION
- The presence of that amount of acoustic energy for that amount of time necessary to:
- A. Cause temporary or permanent hearing loss in person 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 a 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 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.
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 § 167-4, 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.
No person shall create or cause to be emitted any noise which, when measured at any 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 any lot line of the property on which such noise is being generated in a commercial district, exceeds the following standards:
The provisions of § 167-3 shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby, except the following:
[Amended 4-12-2016 by L.L. No. 2-2016]
The intermittent or occasional use between 8:00 a.m. and 6:00 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. Notwithstanding the foregoing exception from the provisions of § 167-3, the provisions of § 167-3 shall apply to the use of leaf blowers. All use of leaf blowers shall take place between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday. On Saturday, Sunday, and all holidays, the use of leaf blowers shall be prohibited but shall be permitted by private homeowners on their own privately owned property between the hours of 10:00 a.m. and 2:00 p.m. on Saturday. These time limits shall apply unless the Mayor declares them lifted to facilitate clean-up after a major storm. All leaf blowers used within the Village of Sag Harbor shall have a decibel rating of 65 or less as per the manufacturer. As used herein, the term "leaf blower" shall mean and include all electric-engine- or motor-powered equipment or tools used for the purpose of collecting or moving leaves, grass or the like by the emitting of a stream of high-speed air with a decibel rating of 65 or less.
[Amended 6-24-2020 by L.L. No. 6-2020]
Construction activities between 8:00 a.m. and 6:00 p.m. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, except on public holidays (as defined in the General Construction Law), and construction activities between 9:00 a.m. and 5:00 p.m. on Saturdays, except on public holidays (as defined in the General Construction Law), and the associated use of construction devices and/or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. Therefore, the noise prohibitions provided for in § 167-3 shall apply to construction activities and the associated use of construction devices and/or the noise produced thereby on Mondays, Tuesdays, Wednesdays, Thursdays, and Fridays between the hours of 6:00 p.m. and 8:00 a.m., Saturdays between 5:00 p.m. and 12:00 midnight, Sundays, and public holidays (as defined in the General Construction Law).
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, snowthrowers 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 Sag Harbor so suited for such activities.
Organized activities sponsored by any school district, private school or fire district or department within the Village of Sag Harbor.
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 Sag Harbor Village 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 Town of Southampton, the Town of East Hampton, the Village of Sag Harbor, Long Island Lighting Company, 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, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. 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.
[Amended 6-24-2020 by L.L. No. 6-2020]
In addition to any other remedy provided by law, the Village may bring an injunction proceeding to enforce this chapter.
Both the owner of any commercial enterprise and its agent or employee undertaking, using or causing the conduct, activity or conditions constituting a violation of the regulations set forth herein shall be deemed to be in violation of this chapter. Property owners who cause, permit, suffer or allow a person to engage in such conduct, or activity constituting a violation of the regulations set forth in herein to occur on his/her/its property, with or without direct knowledge, shall also be deemed to be in violation of this chapter.
[Added 6-24-2020 by L.L. No. 6-2020]