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FAQs CD CD Q n https://tools.usps.com/gorTrackConfirmAction?qtc—tLabeisl=ej857027767us 2/2 SOUTHOLD TOWN BOARD PUBLIC HEARING August 10, 2021 7:00 PM Present: Supervisor Scott Russell Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Councilwoman Sarah Nappa Town Clerk Elizabeth Neville Town Attorney William Duffy Absent: Justice Louisa Evans This hearing was opened at 7:23 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 29th day of June, 2021, a Local Law entitled "A Local Law in relation to Amendments to Chanter 180, Noise, Prevention of" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 10th day of August,2021 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 180,Noise, Prevention of reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 180, Noise, Prevention of". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The gentle pace of life in the Town of Southold 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 East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic Public Hearing—Ch. 180 Noise August 10, 2021 page 2 way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessarily disturbing or unusual noise within the Town has become an increasingly significant problem during recent years. Such noise pollution 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 Southold. 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 Southold and its inhabitants. II. Chapter 180 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions as follows: § 180-4 Definitions. As used in this chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND Sound which has its volume increased by electronic means. CHARITABLE EVENT An event whose sole purpose is to raise money for a specific charity or nonprofit organization. COMMERCIAL LANDSCAPER An individual, firm, corporate or other entity performing commercial landscaping services. COMMERCIAL LANDSCAPING The business or trade of rendering any landscaping services, as defined herein, either as principal independent contractor, or through an agent or employee, for a fee, charge or other compensation to or for the benefit of any owner,tenant or occupant of any lot,_plot, or parcel of land. COMMERCIAL SERVICE EQUIPMENT All engine-powered 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. 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. dB(A) 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. DECIBEL ("dB") 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. GAS POWERED LEAF BLOWER A portable, handheld or backpack style power equipment that is powered by fuel and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, moving, removing, dispersing, vacuuming or redistributing leaves, dust, dirt, grass clippings, cuttings, and trimmings from trees and shrubs or Public Hearing—Ch. 180 Noise August 10, 2021 page 3 any other type of litter or debris. HOLIDAYS New Year's Day, Martin Luther King, Jr.rDay, President's Day, Memorial Dam Fourth of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving Dqy and Christmas Day. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. LANDSCAPING The maintaining of and/or providing care of lawns, including but not limited to mowing cutting and trimming, also theatm , raking, blowing, and/or removal of leaves, grass or lawn clippings and/or other debris, on any lot, plot or parcel of land. This includes regular maintenance as well as fall and spring clean-ups. NOISE POLLUTION Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes 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: (1) Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. (2) 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 airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON 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. SOUND-LEVEL METER 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. § 180-7 Prohibited noises; evidence of violation A. Notwithstanding the provisions of sections 180-5 and 180-6 the following acts are declared to be loud disturbing and unnecessary noises in violation of this chapter: (1) The operation of apy gas-powered leaf blower device by commercial landscapers performing commercial landscaping services during the following days and times shall be deemed noise pollution: (a) Mondaythrough Fridgy prior to 8:00 a.m. or after 6:00 p.m.; or (b) Saturdgy prior to 9:00 a.m. or after 5:00 p.m.; or Public Hearing—Ch. 180 Noise August 10, 2021 page 4 (c) Sunday or holidays. In the event of an emergency as determined by the Town Supervisor, or the Supervisor's designee, the restrictions set forth herein may be suspended. § 180-78 Exceptions. A. The provisions of§ § 180-5 and 180-6 shall not apply to the following: (1) The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. (2) Construction activities between 7:00 a.m. through 7:00 p.m. 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 hereof. (3) Noise from agricultural equipment. (4) Noise from church bells or chimes used. (5) Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal. (6) Nonamplified noise generated from lawful athletic or recreational activities, events, or facilities. (7) Nonamplified noise from organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. (8) Noise from municipally sponsored celebrations or events. (9) Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. (10) Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. (11) Emergency construction or repair work. (12) Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. (13) Noncommercial amplified sound that does not exceed the noise standard established in § 180-6 of this chapter. (14) Emergency stationary and mobile signal devices. (15) Audible exterior burglar alarms in operation for 15 minutes or less. B. The provisions of§ 180-7 shall not apply to the following: (3) The use of gas-powered leaf blowers by commercial landscapers performing commercial landscaping services at cemeteries, golf course, government and public school-owned properties or in commercial and industrial zones § 180-89 Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 180-310 Penalties for offenses. A. Any person who shall violate any provisions of this chapter, except section 180-7 shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a Public Hearing—Ch. 180 Noise August 10, 2021 page 5 subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one-hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. B. Any person who shall violate any provisions of section 180-7 of this chapter shall be uilty of a violation punishable by a fine no less than$250 and not exceeding $1000; and upon conviction of a subsequent offense within 2 years of the first conviction, the fine shall be-no less than $2500 and not exceeding $5,000. If the violation is of a continuing nature, each one-hour period of violation of any provision of this chapter 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. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have a copy of the public notice that was put in the New London Day as well as the Suffolk Times and I do have a signed notarized affidavit that this was advertised on the Town Clerks bulletin board and on the town website. That's all I have. SUPERVISOR RUSSELL: I would invite anyone that would like to address the Town Board on this particular local law? ROBERT DUNN: Robert Dunn, Peconic. Inaudible. What I do have a problem with in general is our enforcement of the code and here we are talking about nights and Sundays. We don't have people working on nights and Sundays. Inaudible. Correct me if I am wrong, we are just banning leaf blowers here, so a guy can still cut grass on Sundays, correct? And he's going to get into an argument where somebody is going to say you are using your leaf blower and he is going to say no, I am just using my lawn mower. And there is nobody there to address it. The only way it can be addressed is after the fact and we are going to get into a he said-she said, we don't have a way to enforce these things as they happen (inaudible). And I mean, (inaudible). SUPERVISOR RUSSELL: We actually have code enforcement now that works weekends, also, I agree with you, a lot of the laws that we have passed are difficult to enforce. One of the most frustrating for me is the AirBnB law,just as a side issue, but yes a lot of them are very difficult to enforce but one thing about laws, at least there is something on the books to have a benchmark on which to enforce. MR. DUNN: I agree with that by the way. SUPERVISOR RUSSELL: There's also a repetitive acts, in other words, the one or two visits Public Hearing—Ch. 180 Noise August 10, 2021 page 6 because they are in violation or you believe they are in violation of the noise code, they are repetitive acts. Inaudible, we have found in other cases, so rather than violating the code every weekend,there might be a couple of trespasses on the code and then after that you start to see compliance. Not a perfect system. MR. DUNN: It's not but I've noticed that in a lot of your code it says that it can be enforced by the police department and no, they don't feel it's their job. I am assuming that, I am not speaking for anyone but you know, they believe (inaudible) maybe we need to give them more resource and then certainly, they have got a job to do already and you can't just through these other things but it becomes very frustrating for people when clearly it's a code violation and it goes on for months and months and it's not enforced. SUPERVISOR RUSSELL: One of the things, I think the police department will show up and they will try to mediate, and remember this is really geared to landscapers, these are daytime acts........ MR. DUNN: Well, (inaudible), after 4:30.... SUPERVISOR RUSSELL: I would agree. MR. DUNN: The police are busy, I mean, they have their things so I don't know what a solution is, all I know is we have a real big problem here. We are going to have code that we in fact are not able to enforce. SUPERVISOR RUSSELL: I agree. I just wanted to offer, the police department, I think it's not a question of them feeling like it's not their job... MR. DUNN: Oh, they are not going to come in and say I don't care..... SUPERVISOR RUSSELL: I know, I am just saying their historic tactic has been that we are going to play mediator, we are going to go out and ask them to turn the noise down or ask them to knock it off and I guess they have gotten compliance in the past that way but you are right, the problem is it's cyclical, it goes up, it goes down and we are aware of that with complaints we get with regard to loud music at restaurants and things. I understand what you are saying. COUNCILMAN GHOSIO: We do have a letter here in the file that someone would like me to read, it's from John and Jay McKasty of Orient. "Here are our comments about your proposed- leaf roposedleaf blower code amendment. We propose a total ban on gas leaf blowers. Instead we propose the use of battery powered or electric powered leaf blowers and hedge clippers. There are many different types of these on the market now. The Sunday total leaf blower ban is justified. Today (a Sunday), at 8:00 AM one could be heard in our area. Your concern on how to handle public emergencies such as a tornado or hurricane or flash flooding is justified. Hopefully that can be resolved." Sincerely, the McKasty's. SUPERVISOR RUSSELL: Is there anybody else that would like to address the Town Board? Public Hearing—Ch. 180 Noise August 10, 2021 page 7 INAUDIBLE: Good evening Supervisor Russell and members of the Town Board. My name is (inaudible), I am a current resident of East Marion. I wanted to thank you all for beginning to put something in motion on this issue. I personally have brought it up, we all know that the leaf blower issue is one in this community so I wanted to take time to say that I do support the current legislation, however, and its potential adoption, however, I believe the proposed legislation cannot be seen as a solution but as a starting point to further making changes for mitigating this problem. Inaudible. I am currently 23, I have witnessed the exponential rise in leaf blower use in general. This was a tool that began to be used in the fall for leaf season, it was used for a couple of weeks at a time and slowly that shifted into the spring, now into the summer and sometimes in the dead of winter. Which, if you look at the name, (inaudible). So, the quiet summers I used to know out here and cherish, reading on my front porch are so interrupted with landscaping noise that I am spending most of my time inside. You can hear it at the beach, you can hear it on your front porch, you can hear it downtown. There essentially is no escape. When the people step outside for coffee in the morning at 7 AM or earlier, you are waking up and I feel like I have stepped out on some Manhattan avenue. Not this quiet rural community that I know to be my home. So why your regulations are a good start, I don't feel they are enough to adequately mitigate the problem that has arisen and this is no longer an issue of homeowners using leaf blowers for maybe 15 minutes to clear some mulch or landscaping, this is chronic and excessive use of gasoline powered leaf blowers and other industrial landscaping equipment being used chronically and excessively and disrupting the surrounding community. Not only are these tools disrupting which is the reason why many people get brought up into this issue, they are also extremely polluting. Running a two stroke gasoline powered leaf blower for one hour creates as much CO2 emission as driving a Ford 150 Raptor from Texas to Alaska. That's insane. When we think about this emission problem through (inaudible) of climate change and we think about the world being left behind for my generation, for my future, we don't have the luxury of time on these issues. We have to make meaningful changes now. And I respect that we need hear all of the people involved and we have to have an adequate discussion on these issues but time is no longer a luxury that we have. Several east end municipalities,the Town of East Hampton, Southampton Village, East Hampton Village, they have had success in adopting and enforcing seasonal bans on gasoline powered leaf blowers in,their communities and I feel Southold Town must follow their lead in order to effectively tackle this problem. I would like to again support the legislation that has been proposed today, I think it is valuable to have that on the record, I think it is valuable to give the community something it is asking for but I want to reiterate that this is a starting point. It is not a solution to the problem. Thank you for your time this evening and I am hopeful that you will continue to pursue more effective solutions regarding this problem. Thank you very much. COUNCILMAN GHOSIO: Can I ask you a question? UNIDENTIFIED: Yes? COUNCILMAN GHOSIO: Can you go back to what you said about the CO emissions from the leaf blower and tell me what that was again? Just site the source please? UNIDENTIFIED: Yes, the source was Edmonds car facts. I acquired that information about a year ago and it was that running a gas powered leaf blower for one hour generates as much CO2 Public Hearing—Ch. 180 Noise August 10, 2021 page 8 as a F-150 Raptor, so that was based on one year ago information, but I urge you to continue to research this issue because even if that number is no longer accurate, there are other numbers that show how much CO2 is produced by the engines that are used by leaf blowers, (inaudible), they are a two stroke engine and they are some of the most (inaudible). COUNCILMAN GHOSIO: Well, I have got to be honest with you, a gallon of gas only has so many BTU's period, and only so many emissions period, two stroke engine on a leaf blower, I just can't see how that could possibly have the same or more, the same emissions as a truck driving from Mexico to Alaska. I will look into that. But be that as it may, the rest of what you said I have no problem with, I just can't stand it when people say things like that and wait a minute, where did that come from? UNIDENTIFIED: I recognize that confusion, it does seem like a staggering statistic and I will admit if it is incorrect, I apologize, however, there is a lot of literature on this issue, there is continued evidence that showcases that two stroke gasoline powered engines are more polluting than a lot of current car, truck models that are on the market today. COUNCILMAN GHOSIO: Oh, I can definitely see on a per gallon basis, absolutely. That statistic is wild, I'll have to look into that. But in any event, thank you. COUNCILWOMAN NAPPA: Thank you very much for speaking up. I completely agree with you, I think this is definitely a starting point, this is not the end of the conversation, so thank you for expressing your opinions and I do hope we can get farther along with this at a very soon date. UNIDENTIFIED: Wonderful. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this local law? DENISE GEIS: Denise Geis, Mattituck. So we are considering commercial at this point not resident, correct? COUNCILWOMAN NAPPA: Correct. MS. GEIS: I think that we can only limit so many things though, I think that we have to learn to work together and common sense (inaudible) but I think as a government you can't possibly limit everything people do. That's why people move from cities out here, not to have such limits on everything. It just drives me insane when people come out here and they are like, oh, yeah we moved out here from the city or somewhere else and it's noisy in the city so we come out here for our second home and we want it to be quiet. Inaudible. It drives me insane, I have lived here my whole life and I do agree we need to work together and I do agree that at certain points we need to be kinder to each other and maybe not use a gasoline powered whatever when people are working or eating , it drives me insane that people come out here and think we should change the entire world for them. But I do agree we should work together but that was just my opinion. Thank you. Public Hearing—Ch. 180 Noise August 10, 2021 page 9 SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? UNIDENTIFIED: I would like to make my additional comment, I would also like to note that I have lived here my whole life and seeing the change from then versus now is something to note, so when we make changes, I think that there is a strong reason for us to think about where we were and where we are going. And to try and work together to make where we are going the most desired outcome. And one of the things I valued growing up out here was the quiet. Inaudible. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILWOMAN NAPPA: I just wanted to add one thing, I was able to find the source on Edmonds.com that she cited and the quote in the article is "to equal the hydrocarbon emissions of about a half hour of yard work with this two stroke leaf blower, you have to drive a Raptor for 3,887'.miles or the distance from northern Texas to Anchorage, Alaska." COUNCILMAN GHOSIO: I would have to see the math on that, I am sorry. It just doesn't make sense to me. UNIDENTIFED: One burns oil. A two cycle is also burning oil. COUNCILMAN GHOSIO: Well, sure it is. UNIDENTIFIED: I agree with your math....... COUNCILMAN GHOSIO: Inaudible. SUPERVISOR RUSSELL: I will admit there are environmentally compelling reasons to reduce the use but then again on the flip side, they generally found that the lithium batteries end up in the waste stream. Nobody is recycling like they are supposed to, so good and bad on both sides. I agree with everything you said. I will tell you, I grew up out here too and the noise is becoming, it's not just people that are moving out that want us to change things, they also want us to adopt a noise code and then they want to pay $35 to get their grass cut. So it's a balancing act that's difficult for the town to come up with something that is perfect. But I agree we are getting there a step at a time. Not perfect yet but we are getting there. COUNCILWOMA_ N NAPPA: I will forward the article to the Board members. The math is in there. COUNCILMAN GHOSIO: Great,thank you. Public Hearing—Ch. 180 Noise August 10, 2021 page 10 SUPERVISOR RUSSELL: Who else would like to address the Town Board on this local law? (No response) This hearing was closed at 7:41 PM All 0. Eliz th A. Neville Southold Town Clerk ELIZABETH A.NEVILLE,MMC �•$• �/,� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 c Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER �°� ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF TgIE TOWN CLERK TOWN OF SOUTHOLD August 23, 2021 Priority Mail Express RE: Local Law No. 13 & 14 of 2021 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law No. 13 & 14 of 2021 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Friday, August 20, 2021 3:43 PM To: Rudder, Lynda Subject: RE: Local Law 14 Thank you for your e-mail. If you are sending legislation for your Code project or your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service. General Code 1-800-836-8834 ersupp@generalcode.com i NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City 0 Town of SOUTHOLD ❑ Village Local Law No. 14 of the year 2021 . A Local Law entitled, A Local Law in relation to an Amendment to Chapter 180,Noise, Prevention of Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. Purpose. The gentle pace of life in the Town of Southold 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 East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessarily disturbing or unusual noise within the Town has become an increasingly significant problem during recent years. Such noise pollution 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 Southold. 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 Southold and its inhabitants. II. Chapter 180 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions as follows: § 180-4 Definitions. As used in this chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239-f-I(Rev 04/14) 1 AMPLIFIED SOUND - Sound which has its volume increased by electronic means. CHARITABLE EVENT -An event whose sole purpose is to raise money for a specific charity or nonprofit organization. COMMERCIAL LANDSCAPER-An individual, firm, corporate or other entity performing commercial landscaping services. COMMERCIAL LANDSCAPING - The business or trade of rendering any landscaping services, as defined herein, either as principal, independent contractor, or through an agent or employee, for a fee, charge, or other compensation,to or for the benefit of any owner,tenant, or occupant of any lot, plot, or parcel of land. COMMERCIAL SERVICE EQUIPMENT - All engine-powered 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. 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. dB(A) - 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. DECIBEL ("dB") - 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. GAS POWERED LEAF BLOWER-A portable, handheld or backpack style power equipment that is powered by fuel and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, moving, removing, dispersing, vacuuming or redistributing leaves, dust, dirt, grass clippings, cuttings, and trimmings from trees and shrubs or any other type of litter or debris. HOLIDAYS -New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, the Fourth of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. LANDSCAPING - The maintaining of and/or providing care of lawns, including but not limited to mowing, cutting and trimming, also the gathering, raking, blowing, and/or removal of leaves, grass or lawn clippings and/or other debris, on any lot, plot or parcel of land. This includes regular maintenance as well as fall and spring clean-ups. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; 2 D. Exceeds standards or restrictions established herein; or E. Interferes 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: (1) Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. (2) 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 airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON - 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. SOUND-LEVEL METER- 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. § 180-7 Prohibited noises; evidence of violation. A. Notwithstanding the provisions of sections 180-5 and 180-6 the following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter: (1) The operation of any gas-powered leaf blower device by commercial landscapers performing commercial landscaping services during the following days and times shall be deemed noise pollution: (a) Monday through Friday prior to 8:00 a.m. or after 6:00 p.m.; or (b) Saturday prior to 9:00 a.m. or after 5:00 p.m.; or (c) Sunday or holidays. In the event of an emergency as determined by the Town Supervisor, or the Supervisor's designee, the restrictions set forth herein may be suspended. § 180-78 Exceptions. A. The provisions of§ § 180-5 and 180-6 shall not apply to the following: (1) The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. (2) Construction activities between 7:00 a.m. through 7:00 p.m. 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 hereof. (3) Noise from agricultural equipment. (4) Noise from church bells or chimes used. (5) Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal. (6) Nonamplified noise generated from lawful athletic or recreational activities, events, or facilities. (7) Nonamplified noise from organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. (8) Noise from municipally sponsored celebrations or events. (9) Noise from lawful fireworks displays, parades, and other charitable and special events held in 3 accordance with all pertinent provisions of the Southold Town Code. (10) Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. (11) Emergency construction or repair work. (12) Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. (13) Noncommercial amplified sound that does not exceed the noise standard established in § 180-6 of this chapter. (14) Emergency stationary and mobile signal devices. (15) Audible exterior burglar alarms in operation for 15 minutes or less. B. The provisions of§ 180-7 shall not apply to the following: (3) The use of gas-powered leaf blowers by commercial landscapers performing commercial landscaping services at cemeteries, golf course, government and public school-owned properties, or in commercial and industrial zones § 180-99 Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 180-910 Penalties for offenses. A. Any person who shall violate any provisions of this chapter, except section 180-7 shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one-hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. B. Any person who shall violate any provisions of section 180-7 of this chapter shall be guilty of a violation punishable by a fine no less than$250 and not exceeding $1000; and upon conviction of a subsequent offense within 2 years of the first conviction, the fine shall be-no less than $2500 and not exceeding $5,000. If the violation is of a continuing nature, each one-hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. B-. C. In addition to any other remedy provided by law,the Town may bring an injunction proceeding to enforce this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239-f-I(Rev 04/14) 4 (Complete the certification in the paragraph that applies to the fling of this local law and strike out that which is not applicable.) 1. . (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 14 of 20 21 . of the (Gownty)(Gi ) of SOUTHOLD was duly passed by the TOWN BOARD on August 10 ,20 21 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 , and was(approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(repassed after disapproval)by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5 DOS-239-f-I(Rev.04/14) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. C.G Clerk of the CounPy legislative body, City, Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: August 20,2021 6 Southold Town Board - Letter Board Meeting of August 10, 2021 N RESOLUTION 2021-659 Item # 5.34 °ft gra ADOPTED DOC ID: 17308 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-659 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 10,2021: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 29'h day of June, 2021, a Local Law entitled "A Local Law in relation to Amendments to Chapter 180,Noise, Prevention of" and Whereas the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it Resolved that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 180,Noise, Prevention of" reads as follows: LOCAL LAW NO.►LI 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 180, Noise, Prevention of". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The gentle pace of life in the Town of Southold 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 East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural. almost nostalgic way of life while providing an atmosphere for businesses to flourish The existence of unreasonably loud, unnecessarily disturbing or unusual noise within the Town has become an increasingly significant problem during recent years_ Such noise pollution which is prolonged. unusual or unnatural in its time. place and use is harmful to the peace. ,xelfare, comfort. safety. coin.enienee_ good order and prosperity of the inhabitants of the To\\n of Southold. It is the public policy and findings of the Town Board that even person is entitled to noise levels that are not detrimental to life. health and the enjoyment of his or her property The proN,isions and prohibitions hereinafter enacted are in pursuance of this polic\ and these findings and for the purpose of protecting and promoting the public health_ comfort. con"'enience. peace. safety. N\elfare and prosperity of the Town of Southold and its inhabitants. Generated August 10. 2021 Page 49 a '� Southold Town Board - Letter Board Meeting of August 10, 2021 IL Chapter 180 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions as follows: § 180-4 Definitions. As used in this chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND Sound which has its volume increased by electronic means. CHARITABLE EVENT An event whose sole purpose is to raise money for a specific charity or nonprofit organization. COMMERCIAL LANDSCAPER An individual, firm, corporate or other entity performing commercial landscaping services. COMMERCIAL LANDSCAPING The business or trade of rendering any landscaping services as defined herein, either as principal, independent contractor, or through an agent or employee for a fee, charge, or other compensation, to or for the benefit of any owner, tenant, or occupant of any lot, plot, or parcel of land. COMMERCIAL SERVICE EQUIPMENT All engine-powered 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. 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. dB(A) 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. DECIBEL ("dB") 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. GAS POWERED LEAF BLOWER A portable, handheld or backpack style power equipment that is powered by fuel and used in any landscape maintenance. construction. property repair_ or Property maintenance for the pwpose of blowing, moving, removing, dispersing. vacuuming or redistributing leaves dust. dirt, rag ss clippings. cuttings, and trimmings fi-om trees and shrubs or any other type of litter or debris. HOLIDAYS New Year's Day,Martin Luther King. Jr. Day. President's Day, Memorial Day_ the Fourth of July. Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas; typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers; garden tools; riding tractors; snowblowers, snowplows; etc_ LANDSCAPING The maintaining of and/or providing care of lawns. including but not limited to mowing cutting and trimming also the gathering. raking, blowing. and/or removal of leaves grass or lawn clippings and/or other debris. on any lot, plot or parcel of land. This includes re(_)ular maintenance as well as fall and spring clean-ups. Generated August 10; 2021 Page 50 A Southold Town Board - Letter Board Meeting of August 10, 2021 NOISE POLLUTION Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes 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: (1) Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. (2) 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 airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by Iaw as the subject of rights and duties. SOUND-LEVEL METER 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. § 180-7 Prohibited noises; evidence of violation. A. Notwithstanding the provisions of sections 180-5 and 180-6 the following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter: (1) The operation of any gas-powered leaf blower device by commercial landscapers performing commercial landscaping services during the following days and times shall be deemed noise pollution: (a) Monday through Friday prior to 8:00 a.m. or after 6:00 p.m.: or (b) Saturday prior to 9:00 a.m. or after 5:00 p.m.; or (c) Sunday or holidays. In the event of an emergency as determined by the Town Supervisor, or the Supervisor's designee, the restrictions set forth herein may be suspended. § 180-78 Exceptions. A. The provisions of§ § 180-5 and 180-6 shall not apply to the following: (1) The intermittent or occasional use between 7-00 a_m through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. (2) Construction activities between 7:00 a.m. through 7:00 p.m and the associated use of construction devices or the noise produced thereby. provided that such Generated August 10; 2021 Page 51 Southold Town Board - Letter Board Meeting of August 10, 2021 activities and such equipment and their use comply with the other provisions hereof (3) Noise from agricultural equipment. (4) Noise from church bells or chimes used. (5) Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal. (6) Nonamplified noise generated from lawful athletic or recreational activities, events, or facilities. (7) Nonamplified noise from organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. (8) Noise from municipally sponsored celebrations or events. (9) Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. (10) Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. (11) Emergency construction or repair work. (12) Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. (13) Noncommercial amplified sound that does not exceed the noise standard established in § 180-6 of this chapter. (14) Emergency stationary and mobile signal devices. (15) Audible exterior burglar alarms in operation for 15 minutes or less. B. The provisions of§ 180-7 shall not apply to the following: (3) The use of gas-powered leaf blowers by commercial landscapers performing commercial landscaping services at cemeteries, golf course, government and public school-owned properties, or in commercial and industrial zones § 180-89 Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 180-910 Penalties for offenses. A. Any person who shall violate any provisions of this chapter, except section 180-7 shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one-hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. B. Any person who shall violate any provisions of section 180-7 of this chapter shall be guilty of a violation punishable by a fine no less than $250 and not exceeding $1000; and upon conviction of a subsequent offense within 2 years of the first conviction. the fine shall be-no less than $2500 and not exceeding $5.000 If the violation is of a continuing nature. each one-hour period of violation of any provision of this chapter shall constitute an additional_ separate and distinct offense. B-: C. In addition to any other remedy provided by law; the Town may brim an injunction Generated Auoust 10. 2021 Page 52 :f Southold Town Board - Letter Board Meeting of August 10, 2021 proceeding to enforce this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans Generated August 10. 2021 Page 53 Reso556 2021 SUMMARY OF LL/AMENDMENT TO CHAPTER 180 "NOISE, PREVENTION OF" THE PROPOSED LOCAL LAW BEING FOR WHICH A PUBLIC HEARING IS BEING SET PROPOSES TO AMEND CHAPTER 180 OF THE TOWN CODE ENTITLED "NOISE, PREVENTION OF" THE PURPOSE OF THE AMENDMENT IS TO ADDRESS ISSUES REGARDING USE OF GAS POWERED LEAF BLOWERS BY COMMERCIAL LANDSCAPERS IN THE TOWN OF SOUTHOLD. SPECIFICALLY, THE AMENDMENTS IF ADOPTED WOULD AMEND SECTION 180 PROHIBITING OF THE USE OF GAS POWERED LEAF BLOWERS BY COMMERCIAL LANDSCAPERS DURING RESTRICTED TIMES AND ON SUNDAYS OR HOLIDAYS. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE Rem. PA �izo��/ ?.o!Ply RECEIVED o /IrO'lsc JUL 14 2021 outhold Town Clerk J b Pp No ' Sc Neville, Elizabeth From: Boli Ghosio Sent: Tuesday, August 1Q, 202110:13 PM To: Sarah Nappa; Doherty,Jill; Dinizio,James; Evans, Louisa; Russell, Scott; Duffy, Bill; Neville, Elizabeth; Mirabelli, Melissa Subject: Re: Emissions Test: Car vs.Truck vs. Leaf Blower I Edmunds Thank you. Now I understand. It's really about how good the trucks technology is in reducing its emissions. so much so it can go 3000 miles before releasing as much hydrocarbons into the air that a leaf blower does in an hour. Get Outlook for iOS From:Sarah Nappa <southoldforsarah@gmail.com> Sent:Tuesday,August 10, 20217:47:26 PM To: Bob Ghosio<rgopher2@gmail.com>;Jill Doherty<iill.doherty@town.southold.ny.us>;James Dinizio <fames.dinizio@town.southold.ny.us>; Louisa Evans<louisae@southoldtownnv.gov>; Scott Russell <scottr@southoldtownny.g_ov>; Bill'Duffy<billd@southoldtownny.gov>; Elizabeth Neville <E.Neville @town.southold.ny.us>; melissam@southoldtownny.gov<melissam@southoldtownny.gov> Subject: Emissions Test: Car vs.Truck vs. Leaf Blower I Edmunds https://www.edmunds.com/car-reviews/features/emissions-test-car-vs-truck-vs-leaf-blower.htm l Sent from Sarah's Whone using the power of the internets i t1AR[uetRve vOX CIBG'Al 47 Eugene O'Neill Drive New London,CT 06320 860-442-2200 www.theday.com Classified Advertising Proof Order Number: d00901041 Elizabeth Neville SOUTHOLD TOWN OF/TOWN CLERK ATTN:TOWN CLERK 53095 MAIN ROAD PO BOX 1179 SOUTHHOLD,NY 11971-0959 631-765-1800 Title:The Day I Class:Public Notices 010 Start date:7/29/20211 Stop date:7/29/20211 Insertions: 1 I Lines:0 ag Title:Day Website I Class:Public Notices 010 Start date:7/29/20211 Stop date:7/29/20211 Insertions: 11 Lines:0 ag Title:Digital-Legal I Class:Public Notices 010 Start date:7/29/20211 Stop date:7/29/20211 Insertions: I I Lines:0 ag A preview of your ad will appear between the two solid lines 901041 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of June, 2021, a Local Law entitled"A Local Law in relation to Amendments to Chapter 180,Noise, Preven- tion of"and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,Southold,New York,on the 10th day of August,2021 at 7:01 p.m.at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled,"A Local Law in relation to an Amendment to Chapter 180,_Noise Prevention of A complete copy of the foresaid Local Law is available on the Town website:southold- townny.gov and the Town Clerk's office 631/765-1800 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK Total Order Price: $246.25 Please call your ad representative by 3PM today with any ad changes. Salesperson: Matt Suraci I Printed on: 7/20/2021 Telephone: 860-701-4276 1 Fax: 860-442-5443 Email: Legal@theday.com Times Review Media Group Invoice #: 68930b85 The Suffolk Times Date: 07/19/2021 Bill To Customer Email SOUTHOLD TOWN CLERK lynda.rudder@ town.southold.ny.us Description. Publish Date Amount Public Notice w 07/29/2021 $ 21.95 Affidavit 1 $ 25.00 Total:$ 46.95 Please remit checks payable to: Times Review Media Group c/o New York Press Service 621 Columbia St Ext Suite 100 Cohoes, NY 12047 • LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of June, 2021 , a Local Law entitled "A Local Law in relation to Amendments to Chapter 180, Noise. Prevention of " and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 10th day of August, 2021 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. A complete copy of the aforesaid Local Law is available on the Town website: southoldtownny.gov and the Town Clerk's office 631 /765- 1800. BY ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville Southold Town Clerk t LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 291h day of June, 2021, a Local Law entitled "A Local Law in relation to Amendments to Chapter 180,Noise,Prevention of" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 10th day of August,2021 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 180,Noise,Prevention of reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 180,Noise, Prevention of". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The gentle pace of life in the Town of Southold 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 East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessarily disturbing or unusual noise within the Town has become an increasingly significant problem during recent years. Such noise pollution 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 Southold. 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 Southold and its inhabitants. II. Chapter 180 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions as follows: § 180-4 Definitions. As used in this chapter,the following terms shall have their meanings indicated. AIRBORNE SOUND Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND Sound which has its volume increased by electronic means. CHARITABLE EVENT An event whose sole purpose is to raise money for a specific charity or nonprofit organization. COMMERCIAL LANDSCAPER An individual, firm, corporate or other entity performing commercial landscaping services. COMMERCIAL LANDSCAPING The business or trade of rendering any landscaping services as defined herein either as principal independent contractor, or through an agent or employee for a fee charge or other compensation to or for the benefit of any owner, tenant or occupant of any lot, plot, or parcel of land. COMMERCIAL SERVICE EQUIPMENT All engine-powered 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. 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. dB(A) 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. DECIBEL ("dB") 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. GAS POWERED LEAF BLOWER A portable handheld or backpack style power equipment that is powered by fuel and used in any landscqpe maintenance construction property repair, or property maintenance for the purpose of blowing moving removing dispersing vacuuming or redistributing leaves dust dirtgrass clippings cuttings and trimmings from trees and shrubs or any other type of litter or debris. HOLIDAYS New Year's Day Martin Luther Kin Jr. Day, President's Du, Memorial DU,the Fourth of July Labor Day Columbus Day, Veterans Day Thanksgiving Dav and Christmas Day. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. LANDSCAPING The maintaining of and/or providing care of lawns including but not limited to mowing cutting and trimming also the gathering raking, blowing, and/or removal of leaves, grass or lawn clippings and/or other debris on any lot plot or parcel of land. This includes regular maintenance as well as fall and spring clean-ups. NOISE POLLUTION Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes 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: (1) Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. (2) 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 airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON 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. SOUND-LEVEL METER 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. § 180-7 Prohibited noises; evidence of violation. A. Notwithstanding the provisions of sections 180-5 and 180-6 the following acts are declared to be loud disturbing and unnecessary noises in violation of this chapter: (1) The operation of any gas-powered leaf blower device by commercial landscapers performing commercial landscaping services during the following days and times shall be deemed noise pollution: (a) Mondathrough Friday prior to 8:00 a.m. or after 6:00 p.m., or (b) Saturdayprior to 9.00 a.m. or after 5:00 p.m.; or (c) Sunday or holiday. In the event of an emergency as determined by the Town Supervisor, or the Supervisor's designee the restrictions set forth herein may be suspended. § 180-78 Exceptions. A. The provisions of§ § 180-5 and 180-6 shall not apply to the following: (1) The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment,provided that such activities and such equipment and their use comply with the other provisions hereof. (2) Construction activities between 7:00 a.m. through 7:00 p.m. 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 hereof. (3) Noise from agricultural equipment. (4) Noise from church bells or chimes used. (5) Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal. (6) Nonamplified noise generated from lawful athletic or recreational activities, events, or facilities. (7) Nonamplified noise from organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. (8) Noise from municipally sponsored celebrations or events. (9) Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. (10) Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. (11) Emergency construction or repair work. (12) Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. (13) Noncommercial amplified sound that does not exceed the noise standard established in § 180-6 of this chapter. (14) Emergency stationary and mobile signal devices. (15) Audible exterior burglar alarms in operation for 15 minutes or less. B. The provisions of§ 180-7 shall not apply to the following: (3) The use of gas-powered leaf blowers by commercial landscapers performing commercial landscaping services at cemeteries, golf course, government and public school-owned properties, or in commercial and industrial zones § 180-89 Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 180-910 Penalties for offenses. A. Any person who shall violate any provisions of this chapter, except section 180-7 shall be guilty of a violation punishable by a fine not exceeding$500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one-hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. B AU person who shall violate any provisions of section 180-7 of this chapter shall be guilty of a violation punishable by a fine no less than $250 and not exceeding $1000; and upon conviction of a subsequent offense within 2 years of the first conviction,the fine shall be-no less than $2500 and not exceeding $5,000. If the violation is of a continuing nature each one-hour period of violation of any provision of this chapter shall constitute an additional separate and distinct offense. B-:C. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: June 29, 2021 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A.Neville Southold Town Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 191h day of July , 2021, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website, www.southoldtownny.gov . PH 8/10 7:01 pm LL Chapter 180 Noise PY a-lizabet1i',A:.-Neville Southold Town Clerk Sworn before me this 191th day of Jul , 2021. otary Public LYNDA M RUDDER Notary Public, State of New York No. 01 RU6020932 Qualified in Suffolk County Commission Expires March 8,200 Southold Town Board - Letter Board Meeting of June 29, 2021 RESOLUTION 2021-556 Item# 5.34 �y3paa ADOPTED DOC ID: 17206 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-556 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 29, 2021: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 29th day of June, 2021, a Local Law entitled "A Local Law in relation to Amendments to Chapter 180,Noise, Prevention of" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 10th day of August, 2021 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 180, Noise,Prevention of reads as follows: LOCAL LAW NO. 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 180, Noise, Prevention of". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The gentle pace of life in the Town of Southold 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 East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessarily disturbing or unusual noise within the Town has become an increasingly significant problem during recent years. Such noise pollution 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 ToN'm of Southold. It is the public policy and findings of the Town Board that ever\ 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 policN, and these findings and for the purpose of protecting and promoting the public health. comfort_ com enience, peace. safety, welfare and prosperity of the Town of Southold and its inhabitants. Generated June 30, 2021 Page 49 Southold Town Board - Letter Board Meeting of June 29, 2021 II. Chapter 180 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions as follows: § 180-4 Definitions. As used in this chapter,the following terms shall have their meanings indicated. AIRBORNE SOUND Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND Sound which has its volume increased by electronic means. CHARITABLE EVENT An event whose sole purpose is to raise money for a specific charity or nonprofit organization. COMMERCIAL LANDSCAPER An individual, firm, corporate or other entity performing commercial landscaping services. COMMERCIAL LANDSCAPING The business or trade of rendering any landscaping services, as defined herein, either as principal, independent contractor, or through an agent or employee, for a fee, chard, or other compensation, to or for the benefit of any owner, tenant, or occupant of any lot, plot, or parcel of land. COMMERCIAL SERVICE EQUIPMENT All engine-powered 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. 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. dB(A) 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. DECIBEL ("dB") The unit for measuring the vola ne 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. GAS POWERED LEAF BLOWER A portable, handheld or backpack style power equipment that is powered by fuel and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, moving, removing, dispersing, vacuuming_or redistributing leaves, dust, dirt, rag ss clippings, cuttings, and trimmings from trees and shrubs or any other type of litter or debris. HOLIDAYS New Year's Day, Martin Luther King. Jr. Day. President's Day, Memorial Dame Fourth of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawnmowers, garden tools; riding tractors, snowblowers, snowplows, etc. LANDSCAPING The maintaining of and/or providing care of lawns, including,but not limited to mowing, cutting and trimming, also the gathering. raking, blowing,, and/or removal of leaves, grass or lawn clippings and/or other debris. on any lot., plot or parcel of land. This includes regular maintenance as well as fall and spring clean-ups. Generated June 30, 2021 Page 50 Southold Town Board - Letter Board Meeting of June 29, 2021 NOISE POLLUTION Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes 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: (1) Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. (2) 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 airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON 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. SOUND-LEVEL METER 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. § 180-7 Prohibited noises; evidence of violation. A. Notwithstanding the provisions of sections 180-5 and 180-6 the following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter: (1) The operation of any gas-powered leaf blower device by commercial landscapers performing commercial landscaping services during the following days and times shall be deemed noise pollution: (a) <https://ecode360.com/36345947> Monday through Friday prior to 8:00 a.m. or after 6:00 p.m.; or (b) <https:Hecode360.com/36345948> Saturday prior to 9:00 a.m. or after 5:00 p.m.; or (c) <https:Hecode360.com/36345949> Sunday or holidays. In the event of an emergency as determined by the Town Supervisor, or the Supervisor's designee, the restrictions set forth herein may be suspended. § 18048 Exceptions. A. The provisions of§ § 180-5 and 180-6 shall not apply to the following: (1) The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment. provided that such activities and such equipment and their use comply with the other provisions hereof. Generated June 30, 2021 Page 51 Southold Town Board - Letter Board Meeting of June 29, 2021 (2) Construction activities between 7:00 a.m. through 7:00 p.m. 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 hereof. (3) Noise from agricultural equipment. (4) Noise from church bells or chimes used. (5) Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal. (6) Nonamplified noise generated from lawful athletic or recreational activities, events, or facilities. (7) Nonamplified noise from organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. (8) Noise from municipally sponsored celebrations or events. (9) Noise from lawful fireworks displays,parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. (10) Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. (11) Emergency construction or repair work. (12) Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. (13) Noncommercial amplified sound that does not exceed the noise standard established in § 180-6 of this chapter. (14) Emergency stationary and mobile signal devices. (15) Audible exterior burglar alarms in operation for 15 minutes or less. B. The provisions of§ 180-7 shall not apply to the following: (3) The use of gas-powered leaf blowers by commercial landscapers performing commercial landscaping services at cemeteries, golf course, government and public school-owned properties, or in commercial and industrial zones § 180-89 Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 180-910 Penalties for offenses. A. Any person who shall violate any provisions of this chapter, except section 180-7 shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one-hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. B. Any person who shall violate any provisions of section 180-7 of this chapter shall be Guilty of a violation punishable by a fine no less than $250 and not exceeding $1000: and upon conviction of a subsequent offense within 2 years of the first conviction, the fine shall be-no less than $2500 and not exceeding $5,000. If the violation is of a continuing nature, each one-hour period of violation of any provision of this chapter shall constitute Generated June 30, 2021 Page 52 s Southold Town Board - Letter Board Meeting of June 29, 2021 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. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Sarah E. Nappa, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr Generated June 30, 2021 Page 53