[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.
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:
A. 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 except gas-, diesel- and electric-powered leaf blowers, which shall be regulated pursuant to Chapter
155 of the Town Code, provided that said equipment and its use comply with
the other provisions hereof.
[Amended 3-18-2021 by L.L. No. 8-2021]
B. 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.
C. 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.
D. 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.
E. Sound from church bells and church chimes.
F. The lawful operation of properly equipped motor vehicles
on any public way.
G. Noise from snowblowers, snow throwers and snowplows
when operated with a muffler for the purpose of snow removal.
H. 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.
I. 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.
J. Organized activities sponsored by any school district
or fire district or department within the Town of East Hampton.
K. Noise from municipally sponsored celebrations or events.
L. All noises coming from the normal operations of properly
equipped aircraft, not including scale model aircraft.
M. Noise from lawful fireworks displays, parades, carnivals
and the like held in accordance with all pertinent provisions of the
East Hampton Town Code.
N. Noncommercial public speaking and public assembly
activities conducted on any public space or public right-of-way.
O. 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.
P. The activities of any fire department, ambulance squad
or similar emergency or rescue organization.
Q. Noise pollution, as defined under §
185-1, definition of "noise pollution," Subsection (5)(a), above, when operating under a valid permit issued pursuant to Chapter
151, Special Event Permits, or Chapter
117, Music Entertainment Permit. Such a permit does not provide an exemption from complying with the noise standards established under §
185-3 above.
[Added 4-4-2019 by L.L.
No. 16-2019]
[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]
A. 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.
B. 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.
C. In addition to any other remedy provided by law, the
Town may bring an injunction proceeding to enforce this chapter.
D. Any person
or entity found by the Bureau of Administrative Adjudication to have
violated any of the provisions of § 185-1A(5)(a), or to
have failed to respond to a summons charging the same within 15 days
of issuance, shall likewise be subject to the following Fine and Penalty
Schedule:
[Added 6-2-2022 by L.L. No. 17-2022; amended 6-1-2023 by L.L. No. 11-2023]
Schedule of Fines and Penalties
|
---|
Section
|
Description
|
Fine
|
After 15 Days
|
After 30 Days
|
After 90 Days
|
---|
§ 185-1A(5)(a)
|
Outside speakers after 9:00 p.m.
|
$150
|
$300
|
$450
|
$500
|
[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.