A.
The following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter and are prohibited, but said enumeration shall not be deemed to be exclusive, namely:
(1)
The using, operating or permitting to be played, used or operated any radio-receiving set, television, hi-fi set, stereo set, 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, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, hi-fi, stereo set, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, device or vehicle in which it is located shall be prima facie evidence of a violation of this section. Any person or persons who are voluntarily present at the place where said noise, as stated above, exists, may be deemed a violator of this chapter.
(2)
Yelling, shouting, hooting, whistling or singing on the public streets or in a vehicle, dwelling, motel, hotel or other commercial establishment, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any other time or place so as to annoy or disturb the quiet, comfort or repose of a person or persons in any office or in any dwelling, hotel, motel or other type of residence, or of any person in the vicinity.
(3)
The keeping of any animal which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any persons in the vicinity.
(4)
The maintenance of a loud fan or air-conditioning unit or other cooling or heating device, which noise shall be frequent, and which noise shall disturb the comfort and repose of any person in the vicinity.
(5)
The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
(6)
Maintaining a commercial establishment from which loud noises emanate either as a result of mechanical or musical devices, live entertainment or patrons. It shall be prima facie evidence of a violation of this chapter if the noise is plainly audible 100 feet from the place where it emanates between the hours of 11:00 p.m. and 7:00 a.m.
(7)
The landing or taking off of helicopters, the noise of which shall disturb the comfort or repose of any persons in the vicinity.
(8)
Garbage collection 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.
(9)
No excavation, demolition, construction, exterior repair or alteration work (or maintenance work performed in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants) shall be permitted in connection with any building, structure or improvement except during the following dates and times:
(a)
January 1 through May 14 of each year, Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 10:00 a.m. to 6:00 p.m. Such work shall be prohibited on Sundays and all federal holidays.
(b)
May 15 through September 15 of each year, Monday through Friday from 8:00 a.m. to 6:00 p.m., Saturdays from noon to 4:00 p.m. Such work shall be prohibited on Sundays and all federal holidays.
(c)
September 16 through December 31 of each year, Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 10:00 a.m. to 6:00 p.m. Such work shall be prohibited on Sundays and all federal holidays.
(10)
A permit may be obtained from the Village Building Inspector to allow excavation, demolition, construction, exterior repair or alteration work outside of the dates and/or times provided for in Subsection A(9)(a) through (c) if the Building Inspector, on a case-by-case basis, shall deem there to be sufficient demonstration of a hardship necessitating relaxation of said time and/or date restrictions.
(11)
No person shall operate landscape equipment, except during the following dates and times:
(a)
From January 1 through May 14 of each year, Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday 10:00 a.m. to 6:00 p.m. Such operation shall be prohibited on Sundays and all federal holidays.
(b)
From May 15 through September 15 of each year, Monday through Friday from 8:00 a.m. to 6:00 p.m., Saturday from noon to 4:00 p.m. Such work shall be prohibited on Sundays and all federal holidays.
(c)
From September 16 through December 31 of each year, Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday 10:00 a.m. to 6:00 p.m. Such operation shall be prohibited on Sundays and all federal holidays.
(d)
During the period from May 15 through September 15 of each year, the use or operation of gas or diesel powered leaf blowers is prohibited.
The provisions of this subsection shall not apply to a municipality on municipal property, a school or school property or a golf course.
(12)
A permit may be obtained from the Village Building Inspector to allow for operation of mechanically powered landscaping equipment outside of the dates and/or times provided for in Subsection A(11)(a) through (c) if the Building Inspector, on a case-by-case basis, shall deem there to be sufficient demonstration of a hardship necessitating relaxation of said time and/or date restrictions.
B.
Any person or persons who are voluntarily present at or in a private or public place within the Village of East Hampton, New York, wherein a loud noise or loud talking emanates, with or without the use of a mechanical device, shall be deemed to have violated this chapter, and every person present at such gathering may be subject to prosecution as a violator of this chapter. It shall be prima facie evidence of a violation of this chapter if the noise is plainly audible at a distance of 50 feet from its point of emanation.