[HISTORY: Adopted by the Town Board of the Town of Smithtown 10-12-1982. Amendments noted where applicable.]
As used in this chapter, the following words and phrases shall be defined as set forth below:
AMBIENT SOUND
An all-encompassing composite of sounds from many sources associated with a given environment.
AUDIBLE
That which can be heard by a person of normal hearing ability.
[Added 10-7-2003]
A-WEIGHTED SOUND LEVEL
The sound pressure level as measured in decibels on a sound level meter using the A-weighting network slow response (dBA).
[Amended 11-1-2016 by L.L. No. 2-2016]
COMMERCIAL PROPERTY
Any property currently or hereinafter zoned for any classification of business or commercial zoning according to the Zoning Map of the Town of Smithtown or any facility or property used for activities involving the furnishing or handling of goods or services, including but not limited to:
[Added 5-3-1988]
A. 
Commercial dining.
B. 
Off-road vehicle operation, such as repair and maintenance.
C. 
Retail services.
D. 
Wholesale services.
E. 
Banking and office activities.
F. 
Recreation and entertainment.
G. 
Community services.
H. 
Public services.
I. 
Other commercial activities.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition, of buildings or structures.
[Added 5-3-1988]
CONTINUOUS SOUND
Any sound that is not an impulsive sound.
dBA
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 SI.4 1971), properly calibrated and operated on the A-weighting network.
[Added 11-1-2016 by L.L. No. 2-2016]
DECIBEL
A unit for measuring the pressure level of a sound, equal to 1/10 of a bel.
EMERGENCY WORK
Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone and sewer facilities and public transportation, removing fallen trees on public rights-of-way and abating life-threatening conditions.
[Added 5-3-1988]
IMPULSIVE SOUND
A sound characterized by brief excursions of peak sound pressure which significantly exceed the ambient sound.
INDUSTRIAL PROPERTY
Any facility or property used for activities involving the production, fabrication, packaging, storage, warehousing, shipping or distribution of goods, including any property currently or hereinafter zoned for any classification of industrial zoning according to the Zoning Map of the Town of Smithtown.
[Added 5-3-1988]
NOISE DISTURBANCE
[Added 5-3-1988; amended 11-1-2016 by L.L. No. 2-2016]
A. 
Any sound that:
(1) 
Endangers the safety or health of any person.
(2) 
Disturbs a reasonable person of normal sensitivities.
(3) 
Endangers personal or real property.
(4) 
Is audible outside the real property boundary from which it originates and is loud, disturbing, unreasonable and/or unnecessary under the circumstances, as well as plainly audible in any other person's residence and the source of sound is discernible regardless of whether doors and windows are closed.
B. 
A noise disturbance may be substantiated by either of the following:
(1) 
Sworn affidavits from two or more residents who are in general agreement as to the times and durations of the noise and who reside in separate residences.
(2) 
A noise in excess of the maximum permissible A-weighted sound levels as determined by a qualified technician using a sound level device and reported on a form approved by the Smithtown Public Safety Department.
PEAK SOUND PRESSURE
The maximum absolute value of the instantaneous sound pressure level during a specified time interval.
PERSON
Any firm, partnership, corporation, association or individual.
[Added 7-11-1995]
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or similar place that is owned or controlled by a governmental entity.
[Added 5-3-1988]
PUBLIC SPACE
Any real property or structures therein that are owned or controlled by a governmental entity.
[Added 5-3-1988]
REAL PROPERTY LINE
[Added 5-3-1988; amended 10-7-2003]
A. 
The imaginary line, including its vertical extension, that separates one parcel of real property from another; or
B. 
The vertical and horizontal boundaries of a dwelling unit that is in a multidwelling building.
RESIDENTIAL PROPERTY
Any property used for human habitation.
[Added 5-3-1988]
SOUND
Any variation in ambient barometric pressure.
SOUND DEVICE OR APPARATUS
Any radio device or apparatus or any device or apparatus for the amplification of sounds from any radio, phonograph or other sound-making or sound-producing device or any device or apparatus for the reproduction or amplification of the human voice or other sounds.
SOUND PRESSURE LEVEL
When measured in decibels, equal to 20 times the logarithm to the base 10 of the ratio of the effective pressure of the sound measured to the standard reference pressure of a sound.
SOUND SOURCE
Any person, animal, device, operation, process, activity, or phenomenon which emits or causes sound.
[Added 10-7-2003]
STANDARD REFERENCE PRESSURE OF A SOUND
Twenty micronewtons per square foot.
[Amended 8-14-1984; 5-3-1988; 8-2-1989; 10-7-2003]
A. 
No person shall cause, suffer, allow or permit to be made verbally, electronically, or mechanically any noise disturbance.
B. 
No person shall cause, suffer, allow or permit the following acts:
(1) 
Sound device or apparatus: operating, playing or permitting the operation or playing of any sound device or apparatus as defined in § 207-1 in such a manner as to create a noise disturbance; or the operation of any such device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be audible at a distance of 50 feet from the building, structure, vehicle or area in which it is located.
[Amended 11-1-2016 by L.L. No. 2-2016]
(2) 
Commercial music: music originating from or in connection with the operation of any commercial facility, establishment or enterprise between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be audible across a real property line. That such sound is audible and its source determinable at such real property line by anyone empowered to enforce this chapter shall be sufficient to establish that a violation of this section has been committed.
(3) 
Animals and birds: owning, possessing or harboring any animal or bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line. For the purpose of this section, a "noise disturbance from an animal or bird" shall be defined as the making of any sound which is audible across a real property line for 15 minutes in any one-hour interval.
(4) 
Motor vehicle repairs and testing: repairing, rebuilding, modifying or testing any motor or engine in such a manner as to exceed any applicable limit in Table I[1] across a residential area property line.
[1]
Editor's Note: Table I is included at the end of this chapter.
(5) 
Construction: operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, except for:
(a) 
Emergency work;
(b) 
[2]When it is the result of the operation of any said equipment by or for any municipal agency.
[2]
Editor's Note: Former Subsection B(5)(b), regarding exceeded sound limits, was repealed 11-18-2021 by Res. No. 2021-1016. This resolution also designated former Subsection B(5)(c) as Subsection B(5)(b).
(6) 
Standing motor vehicles: operating or permitting the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds or any auxiliary equipment attached to such a vehicle for a period longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion on a public right-of-way or public space or for emergency purposes, within 150 feet of a residential area between the hours of 10:00 p.m. and 8:00 a.m. the following day.
[Added 6-28-2005]
(7) 
Horns and signaling devices: the sounding of any horn, signaling device or alarm (except as in danger warning pursuant to § 375 of the Vehicle and Traffic Code 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.
[Added 11-1-2016 by L.L. No. 2-2016]
(8) 
Shouting and yelling: shouting, yelling, singing, calling, hooting or whistling so as to create a noise disturbance.
[Added 11-1-2016 by L.L. No. 2-2016]
(9) 
Condition of vehicle or load: the use of any automobile, motorcycle, or vehicle so out of repair, or loaded in such a manner so as to create loud, grating, grinding, rattling or other sounds so as to create a noise disturbance.
[Added 11-1-2016 by L.L. No. 2-2016]
(10) 
Loading and unloading: the loading or unloading of any vehicle, boat, barge or train or the opening and destruction of bales, boxes, crates and containers, or the loading and unloading of any materials, equipment or garbage cans so as to create a noise disturbance.
[Added 11-1-2016 by L.L. No. 2-2016]
(11) 
[3]Institutional buildings: the creation of any noise disturbance on any street adjacent to any school, place of worship, court, or hospital, while same is in use, which unreasonably interferes with the workings of such institution or which disturbs or unreasonably annoys occupants, visitors or employees of such institutions, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital, court, or place of worship.
[Added 11-1-2016 by L.L. No. 2-2016]
[3]
Editor's Note: Former Subsection B(11), regarding construction or repairing of buildings and incidental areas, added 11-1-2016 by L.L. No. 2-2016, was repealed 11-18-2021 by Res. No. 2021-1016. This resolution also redesignated former Subsection B(12) through (19) as Subsection B(11) through (18), respectively.
(12) 
Hawkers, peddlers, and vendors: the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood so as to create a noise disturbance.
[Added 11-1-2016 by L.L. No. 2-2016]
(13) 
Transportation of metal rails, pillars and columns: the transportation of metal rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so as to create a noise disturbance.
[Added 11-1-2016 by L.L. No. 2-2016]
(14) 
Domestic equipment: operating or permitting to be operated any lawn or garden device, leaf or snow blower, insect control device or equipment so as to create a noise disturbance, except between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, 9:00 a.m. and 8:00 p.m. on Saturdays and between the hours of 10:00 a.m. and 5:00 p.m. on Sundays, and except in cases of emergency or in the interest of public safety.
[Added 11-1-2016 by L.L. No. 2-2016; amended 9-20-2018; 11-18-2021 by Res. No. 2021-1016]
(15) 
Sound device or apparatus: operating, playing or permitting the operation or playing of any sound device or apparatus, including, but not limited to, loudspeakers, speaker systems, outdoor public address systems, or any device for the production or reproduction of sound, in such a manner so as to create a noise disturbance.
[Added 11-1-2016 by L.L. No. 2-2016]
(16) 
Explosives, firearms, fireworks and similar devices: the use or firing of explosives, firearms, fireworks or similar devices so as to create a noise disturbance, except as permitted by any other federal, state, county or local law.
[Added 11-1-2016 by L.L. No. 2-2016]
(17) 
Generators: the use of a generator when there is no power outage caused by a storm or other emergency, except for routine testing.
[Added 11-1-2016 by L.L. No. 2-2016]
(18) 
Trash collection: the collection of trash between the hours of 11:00 p.m. and 6:00 a.m.
[Added 11-1-2016 by L.L. No. 2-2016]
[Amended 5-3-1988]
A. 
No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property or any public lands or right-of-way in such a manner as to create a sound level that exceeds the particular sound level limits set forth in Table I[1] when measured at or within the real property line of the receiving property, except those acts specifically prohibited in § 207-2 of this chapter for which no measurement of sound is required.
[1]
Editor's Note: Table I is included at the end of this chapter.
B. 
The following are exempt from the A-weighted sound pressure level limits of Table I:
(1) 
The noise of domestic power tools, lawn mowers and agricultural equipment, when operated with a muffler during permitted hours designated in § 207-2B(15), provided that they produce less than 70 dBA at any real property line of a residential property.
[Amended 10-7-2003; 9-20-2018]
(2) 
The sound from church bells and church chimes when a part of a religious observance or service.
(3) 
The noise from construction activity, except as provided in § 207-2B(5).
(4) 
The noise from snowblowers, snow throwers and snowplows, when operated with a muffler, for the purpose of snow removal.
(5) 
The noise from a burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within 15 minutes after it has been activated and shall not operate more than 15 minutes in any one-hour period.
[Amended 10-7-2003[2]]
[2]
Editor's Note: This ordinance repealed former Subsection B(5), concerning signaling devices used in connection with an emergency, and renumbered former Subsection B(6) as B(5).
A. 
It shall be unlawful for any person to use or operate or cause to be used or operated any sound device or apparatus in, on, near or adjacent to any public street, park or place for commercial or business advertising purposes.
B. 
It shall be unlawful for any person to operate or drive or to employ, procure or induce another to operate, drive, lend, lease or donate any automobile, truck or other type of vehicle or to operate or aviate or procure or induce another to operate, aviate, lend, lease or donate any airplane or other type of flying device or commercial or business advertising by means of any sound device or apparatus in violation of this chapter.
C. 
The use of the name of any person or of any proprietor, vendor or exhibitor or the use of any trade business or corporate name in connection with such commercial or business advertising shall be presumptive evidence that such advertising was conducted by reason of employment, procurement or induction on the part of said person, proprietor, vendor or exhibitor or the person or persons represented by said trade, business or corporate name.
[Added 10-23-2025 by L.L. No. 8-2025[1]]
Where a duly sworn police officer or peace officer, as defined in the New York Criminal Procedure Law, personally observes a violation of this chapter, a sworn written statement by that officer may serve as the basis for the issuance of a summons or appearance ticket under this chapter.
[1]
Editor's Note: This local law also redesignated former §§ 207-5 and 207-6 as §§ 207-6 and 207-7, respectively.
[Added 5-3-1988; amended 12-18-2025 by L.L. No. 9-2025]
The provisions of this chapter shall not apply to:
A. 
The emission of sound for the purpose of alerting persons to the existence of an emergency or the creation of sound in the performance of emergency work.
B. 
Noise from noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way provided such activities are conducted in accordance with the provisions of this chapter.
C. 
Noise from municipally sponsored celebrations or events.
[Amended 10-7-2003; 11-1-2016 by L.L. No. 2-2016; 11-16-2023 by Res. No. 2023-1111]
Any person who shall violate any of the provisions of this chapter shall be guilty of an offense, and such violation shall be punishable by a fine of up to $500 for the first offense, not less than $1,000 for the second offense and not less than $1,500 for the third and subsequent offenses or imprisonment of not more than 15 days, or both.
NOISE CONTROL TABLE I
Maximum Permissible A-Weighted Sound Pressure Levels by Receiving Property Category, in Dba
[Amended 10-7-2003]
Receiving Property Category
Sound Source Property Category
Residential, 7:00 a.m. to 10:00 p.m.
(dBA)
Residential, 10:00 p.m. to 7:00 a.m.
(dBA)
Commercial, all times
(dBA)
Industrial, all times
(dBA)
Residential
45
40
65
70
Commercial or public lands or rights-of-way
55
45
65
70
Industrial
55
45
65
70