Village of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Southampton 3-22-1994 by L.L. No. 2-1994. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the indicated meanings:
PERSON
Any individual, corporation, partnership or other entity.
PUBLIC HEALTH OR PUBLIC SAFETY, ENDANGERS
Any conduct, activity or condition which endangers the health or safety of a considerable number of persons or which endangers the health or safety of a neighborhood.
PUBLIC NUISANCE
Any conduct, activity or condition which is unreasonable under the circumstances and which endangers public health or public safety shall constitute a "public nuisance"; any conduct, activity or condition which is unreasonable under the circumstances and which is substantially detrimental to public welfare shall also constitute a "public nuisance"; any conduct, activity or condition which is hereinafter deemed to create a "public nuisance" shall also constitute a "public nuisance."
PUBLIC WELFARE, SUBSTANTIALLY DETRIMENTAL TO
Any conduct, activity or condition which is substantially detrimental to the welfare of a considerable number of persons or which is substantially detrimental to the welfare of a neighborhood. Any conduct, activity or condition which substantially disturbs or substantially annoys the peace, comfort or repose of a neighborhood shall be deemed to be "substantially detrimental to public welfare."
A. 
It shall be unlawful for any person to engage in any conduct or activity which creates a public nuisance.
B. 
It shall be unlawful for any person to make, cause or maintain any condition which creates a public nuisance.
C. 
It shall be unlawful for any person to permit or assist in any conduct or activity which creates a public nuisance.
D. 
It shall be unlawful for any person to permit or assist in making, causing or maintaining any condition which creates a public nuisance.
A. 
Where any conduct, activity or condition emits noxious, nauseous, injurious or offensive odors which endanger public health or public safety, such conduct, activity or condition shall be deemed to create a public nuisance.
B. 
Where any conduct, activity or condition emits noxious, nauseous, injurious or offensive odors which are substantially detrimental to public welfare, such conduct, activity or condition shall be deemed to create a public nuisance.
[Added 4-11-2019 by L.L. No. 5-2019[1]]
A. 
The Board of Trustees finds that noise emanating from certain conduct, activity or conditions related to construction, property maintenance and landscaping, and the operation of gas-powered leaf blowers unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the Village of Southampton and such conduct, activity or conditions related to construction, property maintenance and landscaping work, and gas-powered leaf blowers shall be deemed to create a public nuisance as set forth herein.
B. 
The following acts are declared to create a public nuisance during the times set forth herein:
(1) 
Construction work.
(a) 
"Construction work" shall mean any work performed by one or more employees and/or independent contractors pursuant to an oral or written agreement for compensation and involving the construction, reconstruction, erection, alteration, repair, addition to, demolition or removal of buildings or structures, or the excavation, clearing, filling or grading of land, or the placement or removal of earth, stone or building material of any kind, or other improvement of any realty, building or structure, whether or not the work involves the use of machinery or power tools. The term "construction work" shall not mean the performance of necessary emergency repairs.
(b) 
So that residents may enjoy the quiet use of their property, no person shall engage in construction work, or deliveries in connection with construction work, earlier than 8:00 a.m. or later than 6:00 p.m., prevailing time, on any weekday, and no earlier than 9:00 a.m. or later than 5:00 p.m. on Saturdays. Construction work and deliveries in connection with construction work are prohibited at all times on Sunday and on federal and state holidays.
(2) 
Property maintenance and/or landscaping.
(a) 
"Property maintenance and landscaping work" shall mean any work performed by one or more employees and/or independent contractors pursuant to an oral or written agreement for compensation and involving the excavation, clearing, filling or grading of land, or the placement or removal of earth, stone or material of any kind, or the process of tending, planting, installing, maintaining, mowing, or repairing lawns, gardens, hedges, flower beds, shrubbery, trees, or vegetation of any kind, which work involves the use of machinery or power tools, including, but not limited to, vehicles, tractors, lawn mowers, weed trimmers, leaf blowers and hedge trimmers. The term "property maintenance and landscaping work" shall not include swimming pool maintenance or snow plowing, snow blowing or other snow removal activities. The term "property maintenance and landscaping work" shall not mean the performance of necessary emergency repairs or cleanups after major storms when the Mayor has declared a state of emergency.
(b) 
So that residents may enjoy the quiet use of their property, no person shall engage in property maintenance or landscaping, or deliveries in connection with property maintenance and landscaping, earlier than 8:00 a.m. or later than 6:00 p.m., prevailing time, on any weekday, and no earlier than 9:00 a.m. or later than 5:00 p.m. on Saturdays. Property maintenance and landscaping, and deliveries in connection with property maintenance and landscaping work, are prohibited at all times on Sunday and on federal and state holidays. Notwithstanding anything to the contrary herein, beach and tennis clubs and municipal employees may engage in property maintenance and landscaping work in the performance of their regular and customary duties commencing no earlier than 6:00 a.m.
(3) 
Use of gas-powered leaf blowers. Notwithstanding any provision of this chapter to the contrary, the following restrictions shall apply to the use of gas-powered leaf blowers:
(a) 
Gas-powered leaf blowers shall not be used from May 20 until September 20.
(b) 
Gas-powered leaf blowers may be used from September 21 until May 19 no earlier than 8:00 a.m. or later than 6:00 p.m., prevailing time, on any weekday, and no earlier than 9:00 a.m. or later than 5:00 p.m. on Saturdays. The use of gas-powered leaf blowers is prohibited at all times on Sunday and on federal and state holidays.
(c) 
The restrictions governing the use of a gas-powered leaf blower shall also apply to beach and tennis clubs and municipal employees.
(d) 
Gas-powered leaf blowers may be used when responding to an emergency or cleanup after a major storm when the Mayor has declared a state of emergency.
(e) 
In addition to the time limitations above, walk-behind leaf blowers may not be used unless the property that is being cleaned is greater than 1/2 acre.
(f) 
No more than a total of two hand-held or backpack leaf blowers may be used at a time, unless the property that is being cleaned is greater than 1/2 acre.
C. 
Both the owner of any instrumentality undertaking, using or causing the conduct, activity or conditions related to construction, property maintenance and landscaping work, or the operation of gas-powered leaf blowers, as herein provided and its operator shall be deemed to be in violation of this chapter. Property owners who cause, permit, suffer or allow a person to engage in such conduct, activity or conditions related to construction, property maintenance and landscaping, or the operation of gas-powered leaf blowers, to occur on his/her/its property, with or without direct knowledge, shall also be deemed to be in violation of this chapter.
[1]
This local law also provided for the renumbering of former § 78-4 as § 78-5.
[Amended 7-11-2002 by L.L. No. 1-2002; 8-13-2020 by L.L. No. 7-2020]
Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in Article II of Chapter 1 of the Code of the Village of Southampton.