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."
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:
AIRBORNE SOUND
Sound that reaches the point of interest by propagation through
air.
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.
dB
The abbreviation for decibel.
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 S1.4 1971), properly calibrated, and operated on
the A-weighting network.
DECIBEL
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."
FREQUENCY
The number of oscillations per second, expressed in hertz
(abbreviation "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.
Hz
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 persons exposed;
B.
Otherwise be injurious, or tend to be, on the basis of current
information, injurious to the public health or welfare;
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 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.
(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 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.
OCTAVE BAND SOUND PRESSURE LEVEL
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.
PERSON
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 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.
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.