[HISTORY: Adopted by the Town Board of the Town of Islip 3-4-1986; amended in
its entirety 11-15-2011. Amendments noted where applicable.]
The Town Board of the Town of Islip hereby declares its intent
to prevent unreasonably loud and disturbing noises as they are deemed
to be detrimental to the life, health, welfare and good order of the
people of the Town of Islip. By this enactment the Town Board intends
to promote the health, safety, morale and welfare of the people of
the Town of Islip and, in the exercise of its police powers in this
regard, the Town Board does hereby enact the following chapter. It
is the intention of the Town Board that this chapter be liberally
construed so as to effectuate the purposes described in this section.
In this chapter, the following words or phrases shall have the
meanings indicated:
The sound pressure level measured in decibels with a sound
level meter set for A-weighting, abbreviated "dBA."
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 SI.4 1971), properly calibrated and operated on
the A-weighting network.
That level of sound which, in each context described in § 35-3, either:
Annoys or disturbs a reasonable person of normal auditory sensitivities;
or
Is clearly audible outside the residential, real property boundary
from which it originates; or
Is loud, disturbing, unusual, unreasonable and unnecessary as
well as audible outside the structure or the real property boundary
from which it originates.
A noise disturbance may be substantiated by either of the following:
Sworn affidavits from two or more residents who are in general
agreement as to the times and durations of the noise and who reside
in separate residences, apartments, condominiums, or any other place
of residence; or
A noise in excess of the maximum permissible A-weighted sound
levels, as measured by a sound level device, authorized by Noise Control
Table 1; or[1]
[Amended 8-9-2022]
The personal observation of a noise disturbance by a duly sworn
police officer or a Town of Islip peace officer.
[Added 8-9-2022]
A line along the ground surface, and its vertical extension,
which separates the real property owned or controlled by one person
from that owned or controlled by another person, including intrabuilding
real property divisions.
Any day Monday through Saturday, which is not a state or
federal legal holiday.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
Each of the following is declared to constitute a violation
of this section:
A.
Electronic
devices, including but not limited to radios, phonographs and television
sets. The using, operating or permitting to be played, used or operated
of any television or radio receiving set, musical instrument, phonograph
or other machine or device for producing or reproducing of sound in
such manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants or, at any time, of louder volume than is necessary for
convenient hearing of the person or persons who are in the room, vehicle,
chamber or area in which such machine or device is operated and who
are voluntary listeners thereto. The operation of any such set, instrument,
phonograph, 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, vehicle or area in which
it is located so as to create a noise disturbance.
B.
Horns
and signaling devices. The sounding of any horn, signaling device
or alarm (except as a danger warning, pursuant to § 375
of the Vehicle and Traffic Law of the State of New York) which results
in a harsh or loud sound or repetitive sounds for any unreasonable
or unnecessary period of time, so as to create a noise disturbance.
C.
Shouting
and yelling. Shouting, yelling, singing, calling, hooting or whistling
so as to create a noise disturbance.
D.
Animals
and birds. The keeping of any one or more animals or birds whose howling,
barking, squawking or any other sounds by virtue of loudness, duration,
frequency or intensity, causes public inconvenience, annoyance or
alarm; or creates a noise disturbance.
E.
Engines.
The operation, including the stationary idling, of any engine, including,
but not limited to, an automobile, truck, motorcycle, motorbike, motorboat,
minibike engine, or all-terrain vehicle so as at to create a noise
disturbance.
F.
Defect
in vehicle or load. The use of any automobile, motorcycle or vehicle
so out of repair, or loaded in such a manner so as to create loud,
grating, grinding, rattling or other sounds so as to create a noise
disturbance.
G.
Heavy
equipment. The operation of any pile driver, pneumatic hammer, derrick,
electric hoist, bulldozer, grinder or other appliance or heavy equipment,
the use of which creates a noise disturbance, except between the hours
of 7:00 a.m. and 8:00 p.m. on weekdays and except in cases of urgent
necessity or in the interest of public safety.
H.
Loading
and unloading. The loading or unloading of any vehicle, boat, barge
or train or the opening and destruction of bales, boxes, crates and
containers or the loading or unloading of any materials, equipment
or garbage cans so as to create a noise disturbance.
I.
Construction
or repairing of buildings. Any construction, excavation, demolition,
alteration or repair which creates a noise disturbance, except between
the hours of 7:00 a.m. and 8:00 p.m. on weekdays and except in cases
of urgent necessity or in the interest of public safety.
J.
Schools,
courts, religious institutions, hospitals. The creation of any noise
disturbance on any street adjacent to any school, institution of learning,
religious institution or court while the same is in use, or adjacent
to any hospital, which unreasonably interferes with the workings of
such institution or which disturbs or unduly annoys patients in the
hospital, provided that conspicuous signs are displayed in such streets
indicating that the same is a school, hospital or court street.
K.
Hawkers,
peddlers, and vendors. The shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood
so as to create a noise disturbance.
L.
Transportation
of metal rails, pillars and columns. The transportation of metal rails,
pillars or columns of iron, steel or other material over and along
streets and other public places upon carts, drays, cars, trucks or
in any other manner so as to create a noise disturbance.
M.
Domestic equipment. The operation of or permitting to be operated
any power saw, drill, sander, router, lawn or garden device, leaf
blower or snowblower, insect control device or domestic equipment
so as to create a noise disturbance, except between the hours of 7:00
a.m. and 8:00 p.m. on weekdays, or between the hours of 10:00 a.m.
and 5:00 p.m. on Sundays, and except in cases of urgent necessity
or in the interest of public safety. Noise from the operation of lawn
mowers, leaf blowers, and/or garden devices used for the maintenance
of playing areas of a golf course shall not be deemed a violation
of this chapter.
[Amended 12-12-2023]
N.
Sound device or apparatus. Operating, playing or permitting the operation
or playing of any sound device or apparatus, including but not limited
to, loudspeakers or speaker systems, or any device for the production
or reproduction of sound, in such a manner so as to create a noise
disturbance.
O.
Commercial music. Music originating from or in connection with the
operation of any commercial facility, establishment or enterprise
in such a manner so as to create a noise disturbance.
P.
Explosives, firearms and similar devices. The use or firing of explosives,
firearms or similar devices so as to create a noise disturbance, except
as permitted by any other federal, state, county or local law.
Q.
Ice cream trucks and vendors. The use of any device affixed to or
contained within an ice cream truck or vendor, which device plays
music of any kind, emits a ringing noise of any kind, or otherwise
uses sound to attract customers while idling at a stop, or any sound
which plays continuously for more than one minute while said ice cream
truck or vendor is in motion.
A.
In addition to the prohibited noises enumerated in § 35-3 of the within chapter, for which no measurement of sound is required, no person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property or any public lands or right-of-way in such a manner so as to create a sound level that exceeds the particular sound level limits set forth in Table 1,[1] when measured at or within the real property boundary
line of the receiving property.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B.
The
following acts are exempt from the A-weighted sound pressure level
limits of Table 1:
(1)
Noise from the operation of heavy equipment, including the operation
of any pile driver, pneumatic hammer, derrick, electric hoist, bulldozer,
grinder or other appliance, between the hours of 7:00 a.m. and 8:00
p.m. on weekdays.
(2)
Noise from the construction, excavation, demolition, alteration or
repair of any building between the hours of 7:00 a.m. and 8:00 p.m.
on weekdays.
(3)
Noise from the operation of domestic equipment, including any power
saw, drill, sander, router, lawn or garden device, leaf or snowblower,
insect control device, between the hours of 7:00 a.m. and 8:00 p.m.
on weekdays, or between the hours of 10:00 a.m. and 5:00 p.m. on Sundays.
(4)
Noise from any religious building when part of a religious observance
or service.
(5)
Noise from stationary emergency signaling devices owned and operated
by any public utility, municipal subdivision, fire department or ambulance
corps when used in connection with an emergency or for testing purposes.
It shall be a violation of this section for any person or business
entity to make, continue, allow, permit or cause to be made or cause
to be continued to be made any noise disturbance by any means within
the Town of Islip.
[Amended 8-9-2022]
Any person or business entity who shall violate any of the provisions
of this chapter shall be guilty of an offense, and such violation
shall be punishable by a fine of not less than $100 and not more than
$500 for a first offense, by a fine of not less that $500 and not
more than $1,000 for a second offense, and for any offenses thereafter,
a fine not less than $1,000 and not more than $1,500, and for any
such offense whatsoever, in addition to a monetary fine as described
herein, said violation could result in imprisonment for a period not
in excess of 15 days.
This chapter shall take effect upon its adoption and its publication
as prescribed by § 133 of the Town Law.
The invalidity of any word, clause, sentence, section, part
or provision of this chapter shall not affect the validity of any
other part of this chapter which can be given effect without such
invalid part or parts.
