[HISTORY: Adopted by the Town Board of the
Town of Southampton 2-8-1983 by L.L. No. 1-1983. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Sound that reaches the point of interest by propagation through
air.
All zoning districts identified as "business districts" pursuant to Chapter 330 of this Code.
[Amended 7-10-1990 by L.L. No. 19-1990]
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.
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.
The abbreviation for decibel.
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.
A unit for measuring the volume of a sound, equal to the
logarithm of the ratio of the sound pressure of the sound to the sound
pressure of a standard sound (0.0002 microbar); abbreviated "dB."
The number of oscillations per second, expressed in hertz
(abbreviation "Hz").
All engine- or motor-powered garden or maintenance tools
intended for repetitive use in residential areas, typically capable
of being used by a homeowner, with the exception of the use/operation
of gas-powered leaf blowers regulated separately herein. Examples
of homeowner's light residential outdoor equipment are lawn mowers,
garden tools, riding tractors, snowberry's, snowplows, etc.
[Amended 3-22-2022 by L.L. No. 9-2022[1]]
The abbreviation for hertz, equivalent to cycles per second.
All zoning districts identified as "industrial districts" pursuant to Chapter 330 of this Code.
[Amended 7-10-1990 by L.L. No. 19-1990]
[Amended 5-22-1984 by L.L. No. 10-1984]
The presence of that amount of acoustic energy for that amount
of time necessary to:
Cause temporary or permanent hearing loss in
persons exposed;
Otherwise be injurious, or tend to be, on the
basis of current information, injurious to the public health or welfare;
Cause a nuisance;
Exceed standards or restrictions established
herein; or
Interfere with the comfortable enjoyment of
life and property or the conduct of business. The following are deemed
to interfere with the comfortable enjoyment of life and property or
the conduct of business:
Yelling, shouting, hooting, whistling or singing
on the public streets or from private property at any time that annoys
or disturbs the quiet, comfort or repose of person or persons in the
vicinity and that such noise is plainly audible at a distance of 50
feet from the area, building, structure or vehicle from which such
noise emanates.
The using of, operating of or permitting to
be played, used or operated, any radio, receiving set, musical instrument,
phonograph, television set 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 and in such a manner as
to be plainly audible at a distance of 50 feet from the area, building,
structure or vehicle in which it is located.
Sound pressure level measured in standard octave bands with
sound level meter and octave band analyzer that meet ANSI S1.4 and
S1.11, or the latest revision thereof.
An individual, association, firm, syndicate, company, trust,
corporation, department, bureau or agency or any other entity recognized
by law as the subject of rights and duties.
All zoning districts identified as "residential districts" pursuant to Chapter 330 of this Code.
[Amended 7-10-1990 by L.L. No. 19-1990]
[1]
Editor’s Note: This local law also stated that it takes
effect upon filing with the Secretary of State pursuant to the Municipal
Home Rule Law and becomes operative 9-20-2022.
[Amended 6-14-1988 by L.L. No. 7-1988; 7-12-1988 by L.L. No. 15-1988; 3-22-2022 by L.L. No. 9-2022[1]]
A.
General prohibition. No person or persons owning, leasing or controlling the operation of any source of noise shall permit the establishment of a condition of noise pollution. Except as provided in § 235-4, the use of amplifiers, speakers or other machines or devices capable of reproducing amplified sound on the exterior of any premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times.
B.
Gas-powered leaf blowers.
Notwithstanding any provision herein to the contrary, the following
restrictions shall apply to the use of gas-powered leaf blowers:
(1)
Gas-powered leaf blowers shall not be used/operated within the unincorporated
portions of the Town of Southampton from May 20 through and including
September 20.
(2)
Gas-powered leaf blowers may be used/operated within the unincorporated portions of the Town of Southampton from September 21 through and including May 19 are subject to the following restrictions, and shall otherwise be in conformance with all restrictions regulating homeowner's light residential outdoor equipment as set forth in § 235-3 (Noise standards) herein:
(a)
Operation and use shall only be between 8:00 a.m. through 6:00
p.m. Monday through Friday, 8:00 a.m. through 5:00 p.m. Saturdays,
and there will be no use permitted on Sundays or federal holidays,
all to be in addition to the following:
(b)
Walk-behind gas-powered leaf blowers may not be used unless
the property that is being cleaned is greater than 1/2 acre.
(c)
No more than a total of two gas-powered handheld or backpack
leaf blowers may be used at a time, unless the property that is being
cleaned is greater than 1/2 acre.
[1]
Editor’s Note: This local law also stated that it takes
effect upon filing with the Secretary of State pursuant to the Municipal
Home Rule Law and becomes operative 9-20-2022.
[Amended 1-12-1993 by L.L. No. 1-1993]
A.
No person shall create or cause to be emitted any
noise which, when measured at or beyond any lot line of the property
on which such noise is being generated in a residential district,
exceeds the following standards:
(1)
From 7:00 a.m. to 7:00 p.m.:
(a)
Airborne sound in excess of 65 dBA's; or
(b)
Airborne sound which has an octave band sound
pressure level in decibels which exceeds the values listed below in
one or more octave bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
|
|---|---|
|
31.5
|
78
|
|
63
|
73
|
|
125
|
67
|
|
250
|
60
|
|
500
|
55
|
|
1,000
|
51
|
|
2,000
|
46
|
|
4,000
|
43
|
|
8,000
|
40
|
(2)
From 7:00 p.m. to 7:00 a.m.:
(a)
Airborne sound which has a sound level in excess
of 50 dBA's; or
(b)
Airborne sound which has an octave band sound
pressure level which exceeds the values listed below in one or more
octave bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
|
|---|---|
|
31.5
|
75
|
|
63
|
70
|
|
125
|
64
|
|
250
|
57
|
|
500
|
52
|
|
1,000
|
49
|
|
2,000
|
43
|
|
4,000
|
40
|
|
8,000
|
37
|
B.
No person shall create or cause to be emitted any
noise which, when measured at or beyond any lot line of the property
on which such noise is being generated in a commercial or industrial
district, exceeds the following standards:
(1)
From 7:00 a.m. to 7:00 p.m.:
(a)
Airborne noise in excess of 70 dBA's; or
(b)
Airborne sound which has an octave band sound
pressure level in decibels which exceeds the values listed below in
one or more bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
|
|---|---|
|
31.5
|
85
|
|
63
|
80
|
|
125
|
74
|
|
250
|
67
|
|
500
|
62
|
|
1,000
|
58
|
|
2,000
|
53
|
|
4,000
|
50
|
|
8,000
|
47
|
(2)
From 7:00 p.m. to 7:00 a.m.:
(a)
Airborne sound which has a sound level in excess
of 55 dBA's; or
(b)
Airborne sound which has an octave band sound
pressure level in decibels which exceeds the values listed below in
one or more octave bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
|
|---|---|
|
31.5
|
78
|
|
63
|
73
|
|
125
|
67
|
|
250
|
60
|
|
500
|
55
|
|
1,000
|
51
|
|
2,000
|
46
|
|
4,000
|
43
|
|
8,000
|
40
|
[Amended 4-12-1983 by L.L. No. 4-1983; 7-12-1988 by L.L. No. 15-1988]
A.
The provisions of § 235-3 shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby except the following:
(1)
The intermittent or occasional use between 7:00 a.m. through 7:00 p.m. of homeowner's light residential outdoor equipment, exclusive of the use/operation of gas-powered leaf blowers regulated separately herein pursuant to § 235-2 herein, or commercial service equipment, provided that said equipment and its use comply with the other provisions hereof.
[Amended 3-22-2022 by L.L. No. 9-2022[1]]
[1]
Editor’s Note: This local law also stated that it takes
effect upon filing with the Secretary of State pursuant to the Municipal
Home Rule Law and becomes operative 9-20-2022.
(2)
Construction activities between 7:00 a.m. through
7:00 p.m., Monday through Friday and the associated use of construction
devices or the noise produced thereby, provided that such activities
and such equipment and their use comply with the other provisions
herein.
[Amended 3-16-2017 by L.L. No. 3-2017]
(3)
Construction activities between 8:00 a.m. through 6:00 p.m. Saturday
and/or Sunday and the associated use of construction devices or the
noise produced thereby, provided that such activities and such equipment
and their use comply with the other provisions herein.
[Added 3-16-2017 by L.L.
No. 3-2017[2]]
[2]
Editor's Note: This local law also provided for the renumbering
of former Subsection A(3) through (16) as Subsection A(4) through
(17), respectively.
(4)
Agriculture.
(5)
Noise from church bells or chimes used in conjunction
with religious services.
(6)
Public celebrations.
(7)
Noise of aircraft flight operations.
(8)
The lawful operation of properly equipped motor vehicles
on any public way.
(9)
Noise from snowblowers, snowthrowers and snowplows
when operated with a muffler for the purpose of snow removal.
(10)
Noise generated from lawful athletic or recreational
events held on the property of the Town of Southampton so suited for
such activities.
(11)
Organized activities sponsored by any school district,
private school or fire district or department within the Town of Southampton.
(12)
Noise from municipally sponsored celebrations or events.
(13)
Noise from lawful fireworks displays, parades, carnivals
and the like held in accordance with all pertinent provisions of the
Southampton Town Code.
(14)
Noncommercial public speaking and public assembly
activities conducted on any public space or public right-of-way.
(15)
Emergency construction or repair work performed by
or authorized by the State of New York, the County of Suffolk, the
Town of Southampton, Long Island Lighting Company, New York Telephone
or any other recognized utility serving the area.
(16)
The activities of any fire department, ambulance squad
or similar emergency or rescue organization.
Anyone present with several persons whose collective
behavior shall constitute noise pollution shall be rebuttably presumed
to have participated therein and shall be subject to all the provisions
of this chapter.
[Amended 7-10-1990 by L.L. No. 19-1990; 7-9-2002 by L.L. No. 21-2002; 3-22-2022 by L.L. No. 9-2022[1]]
A.
Any person who shall violate the provisions of this chapter, with the exception of § 235-2B in connection with the operation of gas-powered leaf blowers listed separately hereunder, shall be guilty of a violation punishable by a fine not exceeding $1,000 or by imprisonment not exceeding 15 days, or by both; and upon conviction for a third or subsequent offense within 18 months, punishable by a fine of not less than $2,500 nor more than $10,000 or imprisonment not exceeding 15 days, or by both.
B.
Any person, firm or corporation who shall violate any provision of this chapter listed in § 235-2B and its subsections, shall be guilty of a violation and shall, upon conviction, be subject to the imposition of a fine in accordance with the following schedule for each violation. Each day that a violation continues shall be deemed a separate offense.
(1)
For the first offense, a fine of not less than $250 nor more than
$1,000 for each offense, plus any costs incurred by the Town as a
result of the violation(s).
(2)
For a second offense within a two-year period, a fine of not less
than $500 nor more than $2,500 for each offense.
(3)
For a third and subsequent offense within a two-year period, a fine
of not less than $2,500 nor more than $5,000 for each offense.
C.
In addition to any other remedy provided by law, the Town may bring
an injunction proceeding to enforce this chapter.
[1]
Editor’s Note: This local law also stated that it takes
effect upon filing with the Secretary of State pursuant to the Municipal
Home Rule Law and becomes operative 9-20-2022.
