Village of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Hampton 10-16-1970 (Ch. 38 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Aircraft — See Ch. 59.
Alarm systems — See Ch. 62.
Animals — See Ch. 68.
Mass assemblages — See Ch. 71.
Firearms, fireworks and hunting — See Ch. 145.
Licensed occupations and entertainment — See Ch. 185.
Peace and good order — See Ch. 211.
A. 
The following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:
(1) 
The using, operating or permitting to be played, used or operated of any radio-receiving set, television, hi-fi set, stereo set, 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, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, hi-fi, stereo set, 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, device or vehicle in which it is located shall be prima facie evidence of a violation of this section. Any person or persons who are voluntarily present at the place where said noise, as stated above, exists, may be deemed a violator of this chapter.
(2) 
Yelling, shouting, hooting, whistling or singing on the public streets or in a vehicle, dwelling, motel, hotel or commercial establishment, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any other time or place so as to annoy or disturb the quiet, comfort or repose of a person or persons in any office or in any dwelling, hotel, motel or other type of residence, or of any person in the vicinity.
(3) 
The keeping of any animal which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any persons in the vicinity.
(4) 
The maintenance of a loud fan or air-conditioning unit or other cooling or heating device, which noise shall be frequent and which noise shall disturb the comfort and repose of any person in the vicinity.
(5) 
The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
(6) 
Maintaining a commercial establishment from which loud noises emanate either as a result of mechanical or musical devices, live entertainment or patrons. It shall be prima facie evidence of a violation of this chapter if the noise is plainly audible 100 feet from the place where it emanates between the hours of 11:00 p.m. and 7:00 a.m.
(7) 
The landing or taking off of helicopters, the noise of which shall disturb the comfort or repose of any persons in the vicinity.
(8) 
Construction activity or garbage collection between the hours of 11:00 p.m. and 7:00 a.m., in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants.
[Added 1-21-2005 by L.L. No. 1-2005]
(9) 
During the period from June 1 to September 15 of each year, excavation, demolition, construction, or exterior repair or alteration work in connection with any building, structure or improvement other than between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between the hours of 8:00 a.m. and 3:00 p.m. on Saturday, 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 8:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday, and, at all times, the use by contractors or subcontractors or their employees of amplifiers, speakers or other machines or devices capable of reproducing amplified sound on the exterior of any premises.
[Added 7-1-2010 by L.L. No. 9-2010; amended 4-17-2014 by L.L. No. 3-2014]
(10) 
During the period from June 1 to the second Friday in December of each year, the use or operation of any gas- or diesel-powered lawn care equipment, leaf blower, lawn mower or trimmer by a homeowner or tenant on his or her own property other than between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, or between the hours of 8:00 a.m. and 3:00 p.m. on Saturday or between the hours of 9:00 a.m. and 3:00 p.m. on Sunday or any federal holiday; and, during the period from June 1 to the second Friday in December each year, the use or operation of any gas- or diesel-powered lawn care equipment, leaf blower, lawn mower or trimmer by any person other than a homeowner or tenant on his or her own property on Sundays and federal holidays and except between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, and between the hours of 8:00 a.m. and 3:00 p.m. on Saturday. The provisions of this subsection shall not apply to the use of gas- or diesel-powered landscaping equipment by a municipality on municipal property or by a membership club on a golf course.
[Added 10-15-2010 by L.L. No. 12-2010; amended 4-17-2014 by L.L. No. 3-2014]
B. 
Any person or persons who are voluntarily present at or in a private or public place within the Village of East Hampton, New York, wherein a loud noise or loud talking emanates, with or without the use of a mechanical device, shall be deemed to have violated this chapter, and every person present at such gathering may be subject to prosecution as a violator of this chapter. It shall be prima facie evidence of a violation of this chapter if the noise is plainly audible at a distance of 50 feet from its point of emanation.
For the purpose of this chapter and except as the context may otherwise require:
A. 
The singular number includes the plural, and the plural, the singular.
B. 
The present tense includes the past and future tenses, and the future, the present.
C. 
The term "person" shall mean any corporation, firm, partnership, association, organization or other entity as well as an individual.
[Amended 4-20-2015 by L.L. No. 5-2015]
A. 
A violation of the provisions of § 196-1A(1), § 196-1A(2), § 196-1A(8), or § 196-1A(9)of this chapter shall be punishable as follows:
(1) 
A person or entity charged with a violation of any of the sections listed above shall be required to appear or answer within 15 days of the issuance of a ticket, and shall be subject to a minimum fine of $150.
(2) 
Upon the failure to answer or appear on the return date or any subsequent adjourned date or to pay the fine when due, a late penalty of $75 shall be added to the minimum fine.
(3) 
Upon the failure to pay the fine within 60 days of the issuance of a ticket, a late penalty of $150 shall be added to the minimum fine.
(4) 
Upon the failure to pay the fine within 90 days of its due date, a late penalty of $200 shall be added to the minimum fine.
B. 
Any person, firm or corporation violating any of the other provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding the sum of $250 for any offense, and each day that a violation continues shall be deemed to constitute a separate offense.