[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:
The all-encompassing background noise level associated with
a given environment, being usually a composite of sounds from many
sources.
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.
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."
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.
A sound characterized by brief excursions of peak sound pressure
which significantly exceed the ambient sound.
That level of sound which, in each context described in § 118-3, either:
Annoys or disturbs a reasonable person of normal auditory sensitivities;
Is clearly audible outside the residential, real property boundary
from which it originates; or
Is loud, disturbing, unusual, unreasonable and unnecessary as
well as audible outside the structure or the real property boundary
from which it originates.
The maximum absolute value of the instantaneous sound pressure
level during a specified time interval.
An individual or a corporation.
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.
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.
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighting networks, for the measure of sound levels.
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.
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.
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:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is natural or man-made.
The volume and intensity of the background noise, if any.
The proximity of the noise to residential sleeping facilities.
The nature and the zoning district of the areas within which
the noise emanates.
The time of the day or night the noise occurs.
The time duration of the noise.
Whether the sound source is temporary.
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:
A.
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.
B.
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.
C.
Shouting and yelling: shouting, yelling, singing, calling, hooting
or whistling so as to create a noise disturbance.
D.
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.
(1)
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.
(2)
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.
E.
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.
F.
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:
(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
sound therefrom creates unreasonable noise across a residential real
property boundary line or within a noise-sensitive zone.
(2)
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).
(3)
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).
G.
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.
H.
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.
I.
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.
J.
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.
K.
Explosives, firearms and similar devices: the use or firing of explosives,
firearms or similar devices so as to create a noise disturbance.
L.
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.
M.
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.
N.
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.
O.
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.
P.
Noise standards:
(1)
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:
(a)
From 7:00 a.m. to 10:00 p.m.:
[1]
Airborne sound in excess of 65 dB(A)s; or
[2]
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
|
(b)
From 10:00 p.m. to 7:00 a.m.:
[1]
Airborne sound in excess of 50 dB(A)s; or
[2]
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
|
(2)
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:
(a)
From 7:00 a.m. to 10:00 p.m.:
[1]
Airborne sound in excess of 70 dB(A)s; or
[2]
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
|
85
|
|
63
|
80
|
|
125
|
74
|
|
250
|
67
|
|
500
|
62
|
|
1,000
|
58
|
|
2,000
|
53
|
|
4,000
|
50
|
|
8,000
|
47
|
(b)
From 10:00 p.m. to 7:00 a.m.:
[1]
Airborne sound in excess of 55 dB(A)s; or
[2]
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
|
(3)
Exceptions.
(a)
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:
[1]
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.
[2]
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.
[3]
Agriculture.
[4]
Noise from church bells or chimes used in conjunction with religious
services.
[5]
Public celebrations.
[6]
Noise of aircraft flight operations.
[7]
The lawful operation of properly equipped motor vehicles on
any public way.
[8]
Noise from snowblowers, snow throwers and snowplows when operated
with a muffler for the purpose of snow removal.
[9]
Noise generated from lawful or recreational events held on the
property of the Village of Islandia so suited for such activities.
[10]
Organized activities sponsored by any school district, private
school or fire district or department within the Village of Islandia.
[11]
Noise from municipally sponsored celebrations or events.
[12]
Noise from lawful fireworks displays, parades, carnivals and
the like held in accordance with all pertinent provisions of the Village
of Islandia Code.
[13]
Noncommercial public speaking and public assembly activities
conducted on any public space or public right-of-way.
[14]
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.
[15]
The activities of any fire department, ambulance squad or similar
emergency or rescue organization.
(b)
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).
(c)
This chapter shall not apply to the following:
[1]
Emergency stationary and mobile signal devices.
[2]
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.
A.
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.
B.
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.
A.
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.
B.
In addition to any other remedy provided by law, the Village may
bring an injunction proceeding to enforce this chapter.
C.
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.
