[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:
Sound that reaches the point of interest by propagation through
air.
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.
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
(abbreviated "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,
snowblowers, snowplows, etc.
The abbreviation for hertz, equivalent to cycles per second.
The presence of that amount of acoustic energy for that amount
of time necessary to:
Cause temporary or permanent hearing loss in person exposed;
Otherwise be injurious or tend to be on the basis of current
information, injurious to the public health or welfare;
Cause a nuisance;
Exceed standards or restrictions established herein; or
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:
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.
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.
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.
All zoning districts identified as one-family residence districts pursuant to Chapter 300 of this Code.
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.
A.Â
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:
(1)Â
From 7:00 a.m. to 7:00 p.m.:
(a)Â
Airborne sound in excess of 65 dBA's; or
(b)Â
Airborne sound which has an octave band sound pressure level
in decibels which exceeds the values listed 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)Â
From 7:00 p.m. to 7:00 a.m.:
(a)Â
Airborne sound which has a sound level in excess of 50 dBA's;
or
(b)Â
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.Â
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:
(1)Â
From 7:00 a.m. to 7:00 p.m.:
(a)Â
Airborne noise in excess of 70 dBA's; or
(b)Â
Airborne sound which has an octave band sound pressure level
in decibels which exceeds the value 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)Â
From 7:00 p.m. to 7:00 a.m.:
(a)Â
Airborne noise in excess of 55 dBA's; or
(b)Â
Airborne sound which has an octave band sound pressure level
in decibels which exceeds the value listed below in one or more 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
|
A.Â
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]
(1)Â
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]
(2)Â
Construction activities between 8:00 a.m. and 7:00 p.m. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, 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 7:00 p.m. and 8:00 a.m., Saturdays, Sundays, and public holidays (as defined in the General Construction Law).
[Amended 12-12-2023 by L.L. No. 11-2023]
(3)Â
Agriculture.
(4)Â
Noise from church bells or chimes used in conjunction with religious
services.
(5)Â
Public celebrations.
(6)Â
Noise of aircraft flight operations.
(7)Â
The lawful operation of properly equipped motor vehicles on any public
way.
(8)Â
Noise from snowblowers, snowthrowers and snowplows when operated
with a muffler for the purpose of snow removal.
(9)Â
Noise generated from lawful athletic or recreational events held
on the property of the Village of Sag Harbor so suited for such activities.
(10)Â
Organized activities sponsored by any school district, private
school or fire district or department within the Village of Sag Harbor.
(11)Â
Noise from municipally sponsored celebrations or events.
(12)Â
Noise from lawful fireworks displays, parades, carnivals and
the like held in accordance with all pertinent provisions of the Sag
Harbor Village Code.
(13)Â
Noncommercial public speaking and public assembly activities
conducted on any public space or public right-of-way.
(14)Â
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.
(15)Â
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.Â
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]
B.Â
In addition to any other remedy provided by law, the Village may
bring an injunction proceeding to enforce this chapter.
C.Â
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]
