[HISTORY: Adopted by the Town Board of the Town of East Hampton 6-7-1985 by L.L. No. 5-1985. Amendments noted where applicable.]
Definitions. As used in this local law, the following terms shall have the meanings indicated:
- AIRBORNE SOUND
- Sound that reaches the point of interest by propagation through air.
- COMMERCIAL DISTRICT
- All use districts pursuant to § 255-2-10C of this Code, including Central Business, Neighborhood Business, Waterfront and Resort.
- 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 chainsaws, 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.
- 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 microbars); abbreviated "dB."
- EXCESSIVE OR UNREASONABLE NOISE
- Any sound that can be detected at the property line from which the noise emanates by a trained officer using his or her unaided hearing faculties that is deemed by that officer, based on his or her training or experience, to exceed the decibel limitations set forth in § 185-3 or is unreasonable based upon the totality of the circumstances. If the sound source under investigation is a sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music may be sufficient to constitute excessive or unreasonable noise.[Added 7-19-2007 by L.L. No. 26-2007]
- The number of oscillations per second, expressed in hertz (abbreviation Hz).
- HOMEOWNERS' LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
- All engine- or motor-powered equipment intended for repetitive use in residential areas typically capable of being used by a homeowner. Examples of "homeowners' light residential outdoor equipment" are lawn mowers, garden tools, riding tractors, snowblowers, hedge clippers, etc.
- INDUSTRIAL DISTRICT
- The Commercial-Industrial District (CI) as defined in § 255-2-10 of this Code.
- NOISE POLLUTION
- The presence of an amount of acoustic energy for that amount
of time necessary to:[Amended 9-5-2003 by L.L. No. 28-2003; 7-19-2007 by L.L. No. 26-2007]
- (1) Cause temporary or permanent hearing loss in persons exposed;
- (2) Be injurious, or tend to be, on the basis of current information, injurious to the public health or welfare;
- (3) Cause a nuisance;
- (4) Exceed standards or restrictions established in § 185-3; or
- (5) 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:
- (a) The use or operation of any loudspeaker, public address system or other similar device between the hours of 9:00 p.m. and 9:00 a.m. the following day, except when used in connection with a public emergency by officers of any police department, fire department or any municipal entity. Noise from external speakers, bullhorns and the like mounted on motor vehicles, whether stationary or mobile, except when used in a public emergency as outlined above.
- (b) Owning, possessing or harboring any pet animal or pet bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential property line. For the purposes of this section, "noise pollution from a barking dog" shall be defined as that created by a dog barking for 15 minutes.
- (c) Operating or permitting the operation of any motor vehicle or any auxiliary equipment attached to such a vehicle for a period longer than 10 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion or emergency work, on a public right-of-way or public space within 145 feet of a residential district between the hours of 9:00 p.m. and 9:00 a.m. the following day.
- (d) Excessive or unreasonable noise, as defined herein.
- OCTAVE BAND SOUND PRESSURE LEVEL
- Sound pressure level measured in standard octave bands with a sound level meter and octave band analyser that meet ANSI S1.4 and S1.11 or the latest revision thereof.
- Any 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.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, road, highway, sidewalk, alley or similar place that is owned or controlled by a governmental entity.
- PUBLIC SPACE
- Any real property or structures thereon that are owned or controlled by a governmental entity.
- RESIDENTIAL DISTRICT
- All use districts pursuant to § 255-2-10B of this Code, including Residential B, Residential A, Residential A2, Residential A3 and Residential A5.
[Amended 4-5-1991 by L.L. No. 5-1991]
No person or persons owning, leasing or controlling the operation of any source or sources of noise, or any premises upon which is located any source or sources of noise, shall permit the establishment of a condition of noise pollution.
No person shall create or cause to be emitted any noise which, when measured at any real property line in a residential district, exceeds the following standards:
No person shall create or cause to be emitted any noise which, when measured at any real property line in a commercial or industrial district, exceeds the following standards:
The provisions of § 185-3 shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby except the following:
The intermittent or occasional use between 7:00 a.m. and 8:30 p.m. of homeowners' light residential outdoor equipment or commercial service equipment, provided that said equipment and its use comply with the other provisions hereof.
Construction activities between 7:00 a.m. and 8:30 p.m. and the associated use of construction devices and to the noise generated thereby, provided that such activities and such equipment and its use comply with the other provisions hereof.
Agricultural activities between 6:00 a.m. and 8:00 p.m. and noise generated from such activities, including but not limited to machinery operation and loading and unloading of produce.
Noise from a burglar alarm of any building, premises or motor vehicle, provided that such burglar alarm shall terminate its operation within 15 minutes after it has been activated and shall not operate more than 15 minutes in any one-hour period.
Sound from church bells and church chimes.
The lawful operation of properly equipped motor vehicles on any public way.
Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal.
Noise from stationary or mobile emergency signaling devices owned and operated by any public utility, municipal subdivision, fire department or ambulance corps when used in connection with an emergency, drill or test procedure.
Noise generated from athletic or recreational events held on property of the Town of East Hampton so suited for such activities, provided that proper authorization from the Town has been obtained.
Organized activities sponsored by any school district or fire district or department within the Town of East Hampton.
Noise from municipally sponsored celebrations or events.
All noises coming from the normal operations of properly equipped aircraft, not including scale model aircraft.
Noise from lawful fireworks displays, parades, carnivals and the like held in accordance with all pertinent provisions of the East Hampton Town Code.
Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way.
Emergency construction or repair work performed by or authorized by the State of New York, the County of Suffolk, the Town of East Hampton, Long Island Lighting Company, New York Telephone or any other recognized utility serving the area.
The activities of any fire department, ambulance squad or similar emergency or rescue organization.
[Amended 4-5-1991 by L.L. No. 5-1991; 9-5-2003 by L.L. No. 28-2003; 7-19-2007 by L.L. No. 26-2007]
Any person who violates any provision of this local law shall be guilty of a violation punishable by a fine not exceeding $1,000 or by imprisonment not exceeding 15 days, or by both; upon a conviction for a second offense within 18 months, punishable by a fine of not less than $1,000 nor more than $2,500 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.
If the violation is of a continuing nature, each hour during which any of these offenses occurs shall constitute an additional, separate and distinct offense.
In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter.
[Added 4-5-1991 by L.L. No. 5-1991]
This local law is adopted pursuant to § 10 of the Municipal Home Rule Law of the State of New York.
[Added 4-5-1991 by L.L. No. 5-1991]
Should any section or provision of this local law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the local law as a whole or any part thereof other than that part so decided to be unconstitutional or invalid.