Village of Quogue, NY
Suffolk County
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Table of Contents
Table of Contents
[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:
HOLIDAY
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]
PERSON
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.
D. 
Animals, birds. The keeping of any animals or birds which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any person in the vicinity.[1]
[1]
Editor's Note: See also Ch. 82, Dogs and Other Animals, § 82-1.
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.
[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]
[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.