[HISTORY: Adopted by the Board of Trustees of the Village
of Quogue 5-10-1963 by Ord. No. 36. Amendments noted where
applicable.]
GENERAL REFERENCES
Aircraft — See Ch. 62.
Alarm systems — See Ch. 66.
Building construction and fire prevention — See Ch. 73.
Dogs and other animals — See Ch. 82.
Parks, waterways and recreation — See Ch. 118.
Peace and good order — See Ch. 123.
Public gatherings — See Ch. 135.
Streets and sidewalks — See Ch. 158.
Vehicles and traffic — See Ch. 174.
As used in this chapter, the following terms shall have the
meanings indicated:
New Year’s Day, Martin Luther King Day, Presidents
Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving
Day and Christmas Day. If any such day falls on a Saturday or Sunday,
the preceding Friday (in the case of a Saturday) or following Monday
(in the case of a Sunday) shall also constitute a holiday.
[Added 1-17-2020 by L.L.
No. 2-2020]
Includes the owner, lessor or lessee of a building, or the agent of any of the same, who is upon the premises at the time a violation of this chapter occurs thereon or the owner or operator of any motor vehicle or motorcycle or device which is the source of a violation under § 111-4B and E hereof, who is present when said violation occurs.
A.
The making, creation or maintenance of such loud, unnecessary, unnatural
or unusual noises which are prolonged, unusual and unnatural in their
time, place and use, affect and are a detriment to the public health,
comfort, convenience, safety, welfare and prosperity of the residents
of the Village of Quogue; and
B.
The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted is declared as a matter of legislative
determination and it is further declared that the provisions and prohibitions
hereinafter contained and enacted are in pursuance of and for the
purpose of securing and promoting the public health, comfort, convenience,
safety, welfare, prosperity and the peace and quiet of the Village
of Quogue and its inhabitants.
The creation or maintenance of unreasonably loud, disturbing
and unnecessary noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others is prohibited.
[Amended 3-20-1987 by L.L. No. 1-1987]
The following acts are declared to be such loud, disturbing
and unnecessary noises in violation of this chapter:
A.
Radios, televisions, phonographs. The using, operating or permitting
to be played, used or operated of any radio receiving set, television,
musical instrument, phonograph 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.
B.
Loudspeakers, amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which
is cast upon the public streets for the purpose of commercial advertising
or political campaigning.
C.
Yelling, shouting. Yelling, shouting, hooting, whistling, loud conversation
or singing on the public streets, particularly between the hours of
11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or
disturb the quiet, comfort or repose of persons in any office, dwelling,
hotel, motel or other type of residence or of any persons in the vicinity.
E.
Horns. The sounding of any horn or warning device on any automobile,
motorcycle, bus or other vehicle, except when required by law or when
necessary to give timely warning of the approach of the vehicle, or
as a warning of impending danger to persons driving other vehicles
or to persons upon the street. No person shall sound any horn or warning
device on any automobile, motorcycle, bus or other vehicle which shall
emit an unreasonably loud or harsh sound or for any unnecessary or
unreasonable period of time.
F.
Bells. The sounding of any bell or gong or the blowing of any whistle
attached to a building or locomotive, except as a warning to prevent
injury to life or property.
G.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal-combustion engine or motor vehicle, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
H.
Defective vehicles or loads. The use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
I.
Trash collection; loading or unloading. The collection of trash from
any commercial or residential property other than between the hours
of 7:00 a.m. and 6:00 p.m. or the creation of loud and excessive noise
in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
[Amended 5-17-2019 by L.L. No. 4-2019]
J.
Construction or repair. Excavation, demolition, construction, repair
or alteration work in connection with any building, structure or other
improvement on a Sunday or a holiday and other than between the hours
of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between the
hours of 7:00 a.m. and 6:00 p.m. on Saturday during all months other
than July and August, and between the hours of 7:00 a.m. and 4:00
p.m. on Saturday during the months of July and August; and with regard
to construction, repair or alteration work by a homeowner on his own
dwelling or property, other than between the hours of 7:00 a.m. and
7:00 p.m. on any day.
[Amended 6-18-1998 by L.L. No. 2-1998; 12-20-2013 by L.L. No.
6-2013; 1-17-2020 by L.L. No. 2-2020]
K.
Drums. The use of any drums or other instrument or device for the
purpose of attracting attention by creation of noise to any performance,
show or sale.
L.
Hawkers and peddlers. The shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood
between the hours of 5:00 p.m. and 9:00 a.m. or at any time on Sundays
and holidays.
M.
Bulldozers or other earthmoving machinery, pile drivers and pneumatic hammers. The operation, on a Sunday or a holiday and other than between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between the hours of 7:00 a.m. and 6:00 p.m. on Saturday during all months other than July and August, and between the hours of 7:00 a.m. and 4:00 p.m. on Saturday during the months of July and August, of any bulldozer or other earthmoving machinery, any pile driver or any pneumatic hammer. (See § 111-4.1 for supplemental regulations applicable to pile drivers and pneumatic hammers.)
[Amended 6-3-2005 by L.L. No. 2-2005; 12-20-2013 by L.L. No.
6-2013; 1-17-2020 by L.L. No. 2-2020]
N.
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.
O.
Landscaping. The use or operation, on a Sunday or a holiday and other
than between the hours of 7:00 a.m. and 6:00 p.m., Monday through
Friday, and between the hours of 7:00 a.m. and 4:00 p.m. on Saturday,
of any engine- or motor-powered lawn-care equipment, leaf blower,
lawn mower or trimmer by any person other than a homeowner on his
own property or the use or operation, other than between the hours
of 7:00 a.m. and 7:00 p.m. on any day, of any engine- or motor-powered
lawn-care equipment, leaf blower, lawn mower or trimmer by a homeowner
on his own property. Notwithstanding the foregoing, engine- or motor-powered
leaf blowers that use gasoline as fuel ("GPLBs”) shall not be
used or operated on any Sunday or holiday, on any Saturday between
May 15 and October 15 or before 8:00 a.m. or after 4:00 p.m. on any
other Saturday, or before 8:00 a.m. or after 5:00 p.m. on any Monday
through Friday. Commencing on May 15, 2022, all GPLBs used between
May 15 and October 15 must have a rated sound level not exceeding
65dB(A) (and bear a sticker affixed to the device so stating) and
in fact operate at that level.
[Added 8-18-2006 by L.L. No. 2-2006; amended 12-20-2013 by L.L. No.
6-2013; 1-17-2020 by L.L. No. 2-2020; 6-18-2021 by L.L. No. 2-2021]
P.
Sports
courts. The use or playing of sports activities on a sports court
or other playing surface on the premises in a residential zone, including
basketball, tennis, paddleball, pickleball or similar activities,
so as to unreasonably annoy or disturb the peace, quiet and comfort
of neighboring inhabitants. The provisions of this section do not
apply to an existing commercial club or facility with sports courts.
[Added 9-15-2023 by L.L. No. 8-2023]
[Added 6-3-2005 by L.L. No. 2-2005]
A.
No person shall operate or permit to be operated any pile driver
or pneumatic hammer on any Saturday during the period from May 15
through September 15. The act of operating any pile driver or pneumatic
hammer on a Saturday during the period from May 15 through September
15 is hereby declared and deemed to be an act which creates unnecessary
or unreasonable noise in violation of this chapter.
[Amended 3-9-2011 by L.L. No. 1-2011]
B.
No person shall operate or permit to be operated any pile driver
or pneumatic hammer on any Sunday or holiday. The act of operating
any pile driver or pneumatic hammer on a Sunday or holiday is hereby
declared and deemed to be an act which creates unnecessary or unreasonable
noise in violation of this chapter.
[Amended 1-17-2020 by L.L. No. 2-2020]
C.
It is the intent of this section to supplement the regulations set forth in § 111-4M with respect to pile drivers and pneumatic hammers. Although operation of pile drivers and pneumatic hammers between certain hours on a Saturday is excepted from the regulation set forth in § 111-4M, it is the intent of § 111-4.1A to supersede such exception during the period from May 15 through September 15, and it is the intent of § 111-4.1A to expressly prohibit operation of any pile driver or pneumatic hammer on a Saturday during such period, notwithstanding any provision to the contrary in § 111-4M. Although operation of pile drivers and pneumatic hammers on a Sunday or holiday is not excepted from the regulation set forth in § 111-4M, § 111-4.1B is included in this section so as to herein expressly prohibit operation of any pile driver or pneumatic hammer on a Sunday or holiday.
[Amended 3-9-2011 by L.L. No. 1-2011; 12-20-2013 by L.L. No.
6-2013; 1-17-2020 by L.L. No. 2-2020]
[Added 3-20-1987 by L.L. No. 1-1987]
The creation of any excessive noise on any street adjacent to
any school, institution of learning, church or court, while the same
is in use, or adjacent to any hospital, which unreasonably interferes
with the working of such institution or which disturbs or unduly annoys
patients in the hospital, is prohibited, provided that conspicuous
signs are displayed in such street indicating that the same is a school,
hospital or court street.
[Added 3-20-1987 by L.L. No. 1-1987]
Nothing herein contained shall be construed to apply to:
A.
The use of bells, chimes or sound amplifiers by churches in church
activities between 9:00 a.m. and 9:00 p.m.
B.
Activities of the municipal departments in the performance of their
duties, drills or public demonstrations.
C.
Activities in the public parks, playgrounds or public buildings under
the permission or authority of the municipal officials.
[Added 3-20-1987 by L.L. No. 1-1987]
No person shall operate or permit to be operated any recreational
vehicle, including snowmobiles:
A.
On private property of another without the express prior written
consent of the owner and the occupant of said property. Such consent
may be revoked at any time by the grantor thereof. Where such express
prior written consent has been obtained, the operator or person at
the site responsible for such operation shall keep said consent on
his person and available for immediate display at all times during
the period of such operation. Excepted from the operation of this
subsection are any private clubs or other organizations that permit
the operation of recreational motor vehicles on their property in
connection with the principal use of said property by the members
of any such club or organization.
B.
On any public grounds or property, including town or school-owned
land, which shall include but not be limited to parks, ball parks
and recreation areas.
C.
In such manner as to create unnecessary noise so as to unreasonably
disturb or interfere with persons in the peaceful and quiet enjoyment
of their property. To this end, no person shall operate a recreational
motor vehicle before the hour of 9:00 a.m. and after the hour of 7:00
p.m., prevailing time, or sunset, whichever shall first occur.
D.
In a careless, reckless or negligent manner so as to endanger the
safety or property of any person.
[Amended 3-20-1987 by L.L. No. 1-1987; 7-3-2003 by L.L. No. 2-2003]
A.
Any person committing an offense against any provision 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.
B.
For each and every violation of this chapter, the person or persons
responsible for, causing, permitting, assisting in or refusing to
abate or correct such violation shall be subject to a civil penalty
not exceeding $1,000 for each and every such violation. The continuation
of a violation of this chapter shall constitute, for each day the
violation is continued, a separate and distinct violation hereunder.
