[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton Beach as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Aircraft — See Ch. 47.
Alarms and alarm systems — See Ch. 51.
Alcoholic beverages — See Ch. 54.
Dogs — See Ch. 76.
Environmental quality review — See Ch. 81.
Parks — See Ch. 123.
Zoning — See Ch. 197.
[Adopted 5-11-1962 by Ord. No. 35; amended in its entirety 3-16-1968]
[Amended 2-1-2007 by L.L. No. 3-2007]
The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises as are prolonged, unusual and unnatural in their time, place and use affects and is a detriment to the public health, comfort, convenience, safety, welfare, peace and quiet and property of the residents of the Village of Westhampton Beach, and 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, property and the peace and quiet of the Village of Westhampton Beach and its inhabitants. This chapter shall be liberally construed so as to effectuate the purposes described herein. Nothing herein shall be construed to abridge the emergency powers of any Village department or the right of such department to engage in any necessary or proper activities.
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.
The following acts, among others, are declared to be such loud, disturbing and unnecessary noises in violation of this article, but said enumeration shall not be deemed to be exclusive, namely:
A. 
The operation of any radio, television receiver, phonograph or the use of any musical instrument in such a manner or with such volume so as to annoy or disturb the comfort, repose, health or sleep of persons in the general area thereof. The operation or use of any such set, instrument, phonograph or receiver 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 or vehicle in which it is located shall be prima facie evidence of a violation of this section.
B. 
The sounding of any horn or signaling device on any automobile or motorcycle on any street or public place, except as a danger warning; the creation by means of any such signaling of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time.
C. 
Yelling, shouting, whistling or singing on the public streets or in any dwelling, hotel or other type of residence between the hours of 11:00 p.m. and 7:00 a.m. so as to annoy or disturb the quiet, comfort or repose of persons in the general vicinity thereof.
D. 
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 attracting the attention of the public unless a permit for such use or operation has been issued by the Village of Westhampton Beach.
[Amended 2-1-2007 by L.L. No. 3-2007]
E. 
The operation of any construction device or the performance or engagement in construction work, building, demolition, excavating, pile driving, hoisting, demolishing, dredging, hammering, or sawing within the limits of the Village of Westhampton Beach, other than between the hours of 7:00 a.m. and 6:00 p.m. on Monday through Friday and between the hours of 8:00 a.m. and 5:00 p.m. on Saturday and Sunday, except during the months of July and August, when none of the activities set forth in this subsection shall be permitted on Sunday.
[Added 2-1-2007 by L.L. No. 3-2007]
F. 
The operation of any equipment relating to the performance or engagement in pile driving, or pneumatic hammering on Saturdays and Sundays during the months of July and August.
[Added 2-1-2007 by L.L. No. 3-2007]
[Added 2-1-2007 by L.L. No. 3-2007[1]]
Following the receipt of a written request stating the reason(s) for relief from the requirements of this article, the Code Enforcement Officer (CEO) or Building Inspector (Inspector) of the Village of Westhampton Beach, or his or her designee, may, for a reasonable, limited time, grant such relief authorizing exact, though different, time restraints. Such construction activities may be allowed upon the applicant's demonstration of substantial hardship in meeting the constraints of this article and upon a determination by the CEO or Inspector that the public interest will be served by the granting of the relief. The CEO or Inspector shall set any conditions, reservations or stipulations deemed necessary in the interest of the public health, safety or welfare at the time of granting any such relief. The written authorization acquired from the CEO or Inspector must be maintained on the site and be made available for viewing by any requesting municipal authority.
[1]
Editor's Note: This local law also repealed former § 110-4, Definitions.
[Added 2-1-2007 by L.L. No. 3-2007]
In the case of an emergency, so declared by the CEO, Inspector, Westhampton Beach Fire District, a police department, or any other federal, state, county or municipal department, construction activities directly connected to the abatement of such emergency may be undertaken without obtaining any relief from this article.
[Added 2-1-2007 by L.L. No. 3-2007]
In the issuance of the relief set forth herein, the CEO or Inspector shall weigh all facts and circumstances and shall determine whether the reasons given for the urgent necessity are valid and reasonable, whether the public health, safety and ultimate convenience will be protected or better served by granting the relief requested and whether the manner and amount of loss or inconvenience to the party in interest imposes a significant hardship.[1]
[1]
Editor's note: Former § 110-5, Penalties for offenses, as amended, was repealed 2-1-2007 by L.L. No. 3-2007. This local law renumbered Art. II, §§ 110-6 through 110-11, as §§ 110-5 through 110-10, respectively.
[Adopted 5-22-1981 by L.L. No. 8-1981]
As used in this article, the following terms shall have the meanings indicated:
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.
DAYTIME
The period between the hours of 7:00 a.m. and 6:00 p.m. daily.
dB
Decibel.
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 S1.4 1971), properly calibrated, and operated on the A weighting network.
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. Excluded from this list are gasoline-engine-powered leaf blowers.
[Amended 2-1-2007 by L.L. No. 3-2007]
Hz
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 persons 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. 
Interfere with the comfortable enjoyment of life and property or the conduct of business; or
E. 
Exceed standards or restrictions established herein.
NONRESIDENTIAL ZONING DISTRICTS
All districts in Chapter 197, Zoning, of the Code of the Village of Westhampton Beach, except for those designated residential or multifamily residential.
PERSON
An individual, partnership, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties.
RESIDENTIAL ZONING DISTRICTS
All districts which are designated as residential or multifamily residential in Chapter 197, Zoning, of the Code of the Village of Westhampton Beach.
[Amended 2-1-2007 by L.L. No. 3-2007]
No person or persons owning, leasing or occupying any premises, or controlling the operation of any source or sources of noise shall willfully, negligently or through failure to provide necessary equipment or facilities or to take necessary precautions permit the establishment of a condition of noise pollution.
This article shall apply to the use or occupancy of any lot or structure thereon and to the noise produced thereby but shall not apply to the following:
A. 
The intermittent or occasional use, during the daytime, of homeowner's light residential outdoor equipment or commercial service equipment, provided that said equipment and its use complies with the other provisions hereof.
B. 
Construction activities and the associated use of construction devices, nor to the noise produced thereby, provided that such activities and such equipment and its use complies with the other provisions hereof.
C. 
The operation of any motor vehicle on any public way, nor to the noise produced thereby, except if the noise produced thereby causes a nuisance.
[Amended 3-14-1994 by L.L. No. 1-1994]
No person shall create or cause to be emitted from or by any source any noise which causes or results in a maximum noise level, measured at or beyond any lot line of any lot located in any residential zoning district on which said noise is being generated, in excess of any level of the residential zoning district noise standards set forth in § 110-10 hereof.
[Amended 3-14-1994 by L.L. No. 1-1994]
No person shall create or cause to be emitted from or by any source any noise which causes or results in a maximum noise level, measured at or beyond any lot line of any lot in any nonresidential zoning district on which said noise is being generated, in excess of any level of the nonresidential zoning district noise standards set forth in § 110-10 hereof.
Noise standards referred to in this article for the residential and nonresidential zoning districts of the Village of Westhampton Beach are as established by the following table:
Table of Zoning District Noise Standards Maximum Allowable Octave Band Sound-Pressure Levels
Octave Band Center Frequency of Measurement (hertz)
Residential
Nonresidential
Daytime
All Other Times
Daytime
All Other Times
31.5
76 db
68 db
79 db
72 db
63
75 db
67 db
78 db
71 db
125
69 db
61 db
73 db
65 db
250
62 db
52 db
68 db
57 db
500
56 db
46 db
62 db
51 db
1,000
50 db
40 db
56 db
45 db
2,000
45 db
33 db
51 db
39 db
4,000
40 db
28 db
47 db
34 db
8,000
38 db
26 db
44 db
32 db
Single Number Equivalent
60 dBA
50 dBA
65 dBA
55 dBA
[Added 2-1-2007 by L.L. No. 3-2007]
The Zoning Board of Appeals and Planning Board of the Village of Westhampton Beach shall have the authority to condition any approval on a more, but not less, restrictive application of this article if it is reasonable, and in the best interest of the residents of the Village of Westhampton Beach as set forth under the standards enunciated under this article.
[Amended 2-1-2007 by L.L. No. 3-2007]
Any person violating the provisions of this article shall be guilty of a violation and subject to a fine not exceeding $500 or imprisonment for not more than 15 days, or both a fine and imprisonment.