Pursuant to § 10 of the Municipal Home Rule Law and the Village Law of the State of New York, the Village of West Hampton Dunes, County of Suffolk, and State of New York, hereby enacts as Local Law No. 5 of 1998, this chapter entitled "Local Law No. 5 of 1998, A Local Law Amending Local Law No. 6 of 1996 of the Incorporated Village of West Hampton Dunes, A Local Law Establishing Regulations Regarding Noise."
[HISTORY: Adopted by the Board of Trustees of the Village of West Hampton Dunes 9-8-1998 by L.L. No. 5-1998. Amendments noted where applicable.]
This chapter is for the purpose of establishing regulations regarding noise in the Village of West Hampton Dunes, and to provide for and for the following purposes:
A.
Establishing regulations concerning noise in the Village of West Hampton Dunes.
B.
To promote, in the public interest, regulations and enforcement of those regulations.
C.
To provide for the safety and well-being of the residents of the Village and their guests and visitors to the Village, in the Village, and visitors to the Village.
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 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, 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 persons 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 between the hours of 11:00 p.m. and 7:00 a.m. so as to annoy or disturb the quiet, comfort or repose of person or persons in the vicinity.
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 between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants.
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 in the Village of West Hampton Dunes.
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 this chapter, 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.
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 is 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 | 75 | |
63 | 70 | |
125 | 64 | |
250 | 57 | |
500 | 52 | |
1,000 | 49 | |
2,000 | 43 | |
4,000 | 40 | |
8,000 | 374 |
(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.
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 or industrial district, exceeds the following standards:
(1)
From 7:00 a.m. to 7:00 p.m.:
(a)
Airborne sound is 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 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 | 475 |
(2)
From 7:00 p.m. to 7:00 a.m.:
(a)
Airborne sound is 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 |
A.
The provisions of § 360-5 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 between 7:00 a.m. through 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.
(2)
Construction activities Monday through Friday between 7:00 a.m. through 7:00 p.m., Saturday and Sunday between the hours of 9:00 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)
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, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal.
(9)
Noise generated from lawful athletic or recreational events held on the property of the Village of West Hampton Dunes so suited for such activities.
(10)
Organized activities sponsored by any school district, private school or fire district or department within the Village of West Hampton Dunes.
(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 West Hampton Dunes 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 West Hampton Dunes, Long Island Lighting Company, New York Telephone or any other recognized utility serving the area.
(15)
The activities of any Fire Department, ambulance squad, similar emergency or rescue organization.
(16)
Noncommercial amplified sound that does not exceed the noise standard established in this chapter.
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.
B.
In addition to any other remedy provided by law, the Village may bring an injunction proceeding or any other appropriate civil proceeding to enforce this chapter.