[HISTORY: Adopted by the Town Board of the
Town of Shelter Island 6-19-1998 by L.L. No. 5-1998.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor assemblies — See Ch. 33.
[1]
Editor's Note: This local law also provided
for the repeal of former Ch. 92, Noise, which consisted of former
Art. I, Amplified Music, adopted 3-14-1997 by L.L. No. 2-1997, as
amended.
The gentle pace of life on Shelter Island has
traditionally provided a respite from the noise and turmoil which
has become an integral part of life in the city and suburbs and which
has even encroached into many resort areas on the mainland. Crafting
of regulations that are uniquely appropriate for Shelter Island are
aimed to protect this rural, almost nostalgic way of life while providing
an atmosphere for businesses to flourish. The existence of unreasonably
loud, unnecessary, disturbing or unusual noise within the Town has
become an increasingly significant problem during recent years. Such
noise which is prolonged, unusual or unnatural in its time, place
and use is harmful to the peace, welfare, comfort, safety, convenience,
good order and prosperity of the inhabitants of the Town of Shelter
Island. It is the public policy and findings of the Town Board that
every person is entitled to noise levels that are not detrimental
to life, health and the enjoyment of his or her property. The provisions
and prohibitions hereinafter enacted are in pursuance of this policy
and these findings and for the purpose of protecting and promoting
the public health, comfort, convenience, peace, safety, welfare and
prosperity of the Town of Shelter Island and its inhabitants.
This chapter is adopted as a local law pursuant
to the authority of the Municipal Home Rule Law.
As used in this chapter, the following terms
shall have the meaning indicated:
Sound which has its volume increased by electronic means.
An event whose purpose is to raise money for the needy.
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, properly calibrated and operated on the A-weighing network.
The unit for measuring the volume of a sound based upon the
pressure level of a sound. For the purpose of this chapter, the standard
reference pressure stated herein will be used to assure a consistent
and standard reference for measuring sound.
Sound which:
An individual, association, partnership, corporation or other
legal entity.
Any street, road, highway or sidewalk that is leased, owned
or controlled by a governmental entity.
Any real property or structures that are leased, owned or
controlled by a governmental entity.
An instrument for the measurement of noise and sound levels
including a microphone, amplifier, an output meter and frequency weighting
networks which comply with standards established by the American National
Standards Institute (ANSI) specifications for sound-level meters.
Any noise of a type or volume which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of a reasonable person of normal sensibilities.
No person shall make, cause, allow or permit
to be made any unreasonable noise within the geographical boundaries
of the Town or within those areas over which the Town has jurisdiction
including the waters and beaches adjacent thereto, abutting or bordering
the Town.
A.
No person shall operate, use, cause or permit to be
operated any device creating amplified sound that produces a sound
level measured at or beyond the real property line of the generating
property in excess of 50 dB(A)'s.
B.
Such sound levels in excess of 50 dB(A)'s shall be
relevant in determining unreasonable noise.
Exceptions are as follows:
A.
Noise generated by municipally sponsored, sanctioned
functions or charitable events designed to promote the health, safety
or welfare of the inhabitants of Shelter Island. Any event on public
or private property, including any business property, that seeks an
exemption from this chapter must obtain Town Board approval for such
exception prior to the beginning of the event. Each charitable event
shall require a separate approval.
[Amended 10-22-2021 by L.L. No. 11-2021]
(1)
In order
to qualify for the exemption, the charity must be a registered tax
exempt corporation, a New York State Registered Charity or a municipal
corporation or department or other Town approved function, and the
principal purpose of the event must be support of the charity.
(2)
The
event must raise at least $1,000 for the named charity.
The provisions of this chapter shall be administered
and enforced by the Shelter Island Police Department and the Shelter
Island Building Department.
A.
Any person violating any provision of this chapter
shall be deemed guilty of an offense and, upon conviction thereof,
shall be subject to penalties in the following manner:
(1)
Upon a first conviction, by a fine not to exceed $250
or by imprisonment for a period not to exceed seven days, or by both
such fine and imprisonment.
(2)
Upon a second conviction, by a fine not to exceed
$1,000 or by imprisonment for a period not to exceed 10 days or by
both such fine and imprisonment.
(3)
Upon a third or subsequent conviction, by a fine not
to exceed $3,000 or by imprisonment for a period not to exceed 15
days, or by both such fine and imprisonment.
(4)
If the violation is of a continuing nature, each one
hour period of violation of any provision of this local law shall
constitute an additional, separate and distinct offense.
B.
Nothing herein contained shall prevent the Town of
Shelter Island from taking whatever action in law or equity as may
be available to prevent and remedy an offense.
If any provision of this chapter is held to
be unconstitutional or invalid by any court of competent jurisdiction,
the remaining provisions of the chapter shall not be invalidated.
This chapter shall become effective upon filing
with the Secretary of State.
