[HISTORY: Adopted by the Board of Trustees of the Village of Southampton 10-17-1969; amended in its entirety 12-11-1998 by L.L. No. 8-1998. Subsequent amendments noted where applicable.]
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 DISTRICT
- Includes all zoning districts classified as business districts and all zoning districts classified as industrial districts pursuant to Chapter 116 of this Code, except the Hospital Accessory District and the Medical District.
- 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.
- 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 (abbreviated "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.
- 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 a person exposed;
- B. Otherwise be injurious or tend to be, on the basis of current information, injurious to the public health or welfare;
- C. Cause a nuisance;
- 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 at any time that annoys or disturbs the quiet comfort or repose of persons in the vicinity; and that such noise is plainly audible at a distance of 50 feet from the area, building, structure or vehicle from which such noise emanates.
- (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 in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants and in such a manner as to be plainly audible at a distance of 50 feet from the area, building, structure or vehicle in which it is located.
- (3) Noise emanating from moving, stopped or parked vehicles.
- OCTAVE BAND SOUND PRESSURE LEVEL
- Sound pressure level measured in standard octave bands with a 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.
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.
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, except noncommercial amplified sound that does not exceed the noise standard established in § 77-3 of this chapter.
No person shall operate, or permit to be operated, any pile driver at any time on Saturdays, Sundays and public holidays (as defined in the General Construction Law) during the period from Memorial Day through Labor Day. Operation of any pile driver at any time on Saturdays, Sundays and public holidays (as defined in the General Construction Law) during said period is hereby deemed to interfere with the comfortable enjoyment of life and property, shall be considered noise pollution, and is hereby prohibited. The foregoing prohibition shall not apply to emergency operation of a pile driver performed by or authorized by the State of New York, the County of Suffolk, the Town of Southampton, the Village of Southampton, Long Island Lighting Company, Verizon New York or any other recognized utility serving the area.
[Added 4-14-2011 by L.L. No. 3-2011]
No person shall create or cause to be emitted any noise which, when measured at any or beyond any lot line of the property on which such noise is being generated in a residential district, exceeds the following standards:
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 district, exceeds the following standards:
The provisions of § 77-3 shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby, except the following:
The intermittent or occasional use between 7:00 a.m. and 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. Notwithstanding the foregoing exception from the provisions of § 77-3, the provisions of § 77-3 shall apply to the use of leaf blowers and to noise produced thereby during the period from Memorial Day through Labor Day in each year except for necessary cleanup after a major storm. As used herein, the term "leaf blower" shall mean and include all engine- or motor-powered equipment or tools used for the purpose of collecting or moving leaves, grass or the like by the emitting of a stream of high-speed air.
[Amended 9-10-2004 by L.L. No. 9-2004]
Construction activities between 8:00 a.m. and 6:00 p.m. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays except on public holidays (as defined in the General Construction Law), and construction activities between 9:00 a.m. and 5:00 p.m. on Saturdays except on public holidays (as defined in the General Construction Law), and the associated use of construction devices and/or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof.
[Amended 9-10-2004 by L.L. No. 9-2004]
Noise from church bells or chimes used in conjunction with religious services.
Noise of aircraft flight operations.
The lawful operation of properly equipped motor vehicles on any public way.
Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal.
Noise generated from lawful athletic or recreational events held on the property of the Village of Southampton so suited for such activities.
Organized activities sponsored by any school district, private school or fire district or department within the Village of Southampton.
Noise from municipally sponsored celebrations or events.
Noise from lawful fireworks displays, parades, carnivals and the like held in accordance with all pertinent provisions of the Southampton Village Code.
Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way.
Emergency construction or repair work performed by or authorized by the State of New York, the County of Suffolk, the Town of Southampton, the Village of Southampton, Long Island Lighting Company, New York Telephone or any other recognized utility serving the area.
The activities of any fire department, ambulance squad or similar emergency or rescue organization.
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.
Any person who shall violate the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $1,000, and each violation shall be deemed a separate offense sufficient to impose additional fine(s).
[Amended 7-11-2002 by L.L. No. 1-2002]
In addition to any other remedy provided by law, the Village may bring an injunction proceeding to enforce this chapter.