[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:
Any individual, corporation, partnership or other entity.
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.
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."
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.Â
It shall be unlawful for any person to engage in any
conduct or activity which creates a public nuisance.
B.Â
It shall be unlawful for any person to make, cause
or maintain any condition which creates a public nuisance.
C.Â
It shall be unlawful for any person to permit or assist
in any conduct or activity which creates a public nuisance.
D.Â
It shall be unlawful for any person to permit or assist
in making, causing or maintaining any condition which creates a public
nuisance.
A.Â
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.Â
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.Â
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.Â
The following acts are declared to create a public nuisance during
the times set forth herein:
(1)Â
Construction work.
(a)Â
"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)Â
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)Â
Property maintenance and/or landscaping.
(a)Â
"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)Â
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.
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.
[Amended 5-12-2022 by L.L. No. 5-2022]
(3)Â
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 for Village employees and independent
contractors:
[Amended 5-12-2022 by L.L. No. 5-2022]
(a)Â
Gas-powered leaf blowers may only be used from March 15 to May
15 and October 15 to December 31 for spring and fall cleanup and 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.
(b)Â
The restrictions governing the use of a gas-powered leaf blower
shall also apply to beach and tennis clubs and municipal employees.
(c)Â
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.
(d)Â
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.
(e)Â
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.
(f)Â
Effective
October 1, 2024, the operation of gas-powered leaf blowers is prohibited
in the Village of Southampton due to noise, public health and safety
concerns.
(g)Â
At
all times, use of any leaf blowers by any person, including residents,
must comply with applicable noise limitations pursuant to the Village
Code.
C.Â
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.
