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HomeMy WebLinkAboutNoise Ordinance 2001t c>-.,'o- ~? Sepenoski John From: Christopher Murphy [chris@sagharborind.com] Sent: Wednesday, August 16, 2000 3:18 PM To: Southold@NorthFork. Net Subject: Noise Ordinance Contacts: Jean Cochran Dear Supervisor Cochran and Councilman Moore; I read in the local papers recently that the town board has decided to undertake the creation of a noise ordinance. Speaking for my neighbors as well as myself, I would like to express to you our support for this measure. I am sorry that we missed the town board meeting on 8/15/00 because we really wanted to show our support in person. However, I am told that the next meeting is the 29th, so if is discussed then, we will be there. Jean and Bill, you two have been instrumental in improving the situation concerning the noise coming from the transfiguration Of Christ Greek Orthodox Church over on Breakwater Ave. Without your phone calls and strong stance on the issue, I'm sure we would never even have established the communication with them that we now are using to try and iron out the problem. While we are communicating respectfully with Father Carrolexis and Peter (the North Fork Greek Community Organization President) and e~pect the situation to improve, we feel that the ordinance would be a very important deterrent to any further problems. Please do everything you can to pass into law that is fair, equitable, and allows all citizens the right to a reasonable quality of life free from noise pollution. Sincerely, Christopher Murphy 250 Selah Ln Mattituck, NY 11952 298-2496 Box 708 Shelter Island, NY 11964 August 5, 2001 Jean Cochran Supervisor Town of Southold, NY 13840 RE: Noise Ordinance Dear Jean: We have talked at many conservation conferences and I have always admired your "style" of leadership; it was totally honest and always for the betterment of the populace. Although you are not asking, please allow me to pass on helpful thoughts and direction regarding noise ordinances. Each group has an ax to grind on noise ordinances that is directly related to their sloppy or enhancing life style; any noise ordinance is a lose, lose situation. I did not find "Uncle Buck's and the bull picture", in the Suffolk Times, as anything that I would want in my town- as representing a fair regulation. They are building a home in my vicinity. For six weeks we had to endure the most obscene language from those constructing that unit. We could not sit on our porch, entertain company outdoors, have young grandchildren near the house. We accepted the generators starting at 6:30 am, the loud language, hammering, all sorts of saws running constantly, the blast of worker radios from their tracks at the highest volume, and yes using the nearby woods as toilets, plus much more. Yes, the police intervened, but it still continued, particularly the obscene language. The police, were called again by other neighbors. The bottom line is not totally the shape of the noise ordinance, but personal behavior of those in all industries and enjoyments. Regarding the construction industry, some can use better language, and their principals can provide toilets as well as drinking working water for those laboring so hard. Jean, your noise ordinance is not in "my ball-park"; from my experience, one is needed that is supplemented with proper behavior codes. Kindest Regards, Alexander Noise C ~nance ORIENT ASSOCIATION BOX 282 . OI't. IENT . NY 11957 July 31, 2001 Ms. Jean W. Cochran, Supervisor Southold Town Hall P.O. Box 1179 Southold, NY 11971 Dear Jean, Because I will not be able to attend today's hearing on the proposed new noise ordinance, I am writing to indicate my personal support for it. The Orient Association has long urged the code committee to undertake the difficult task of drafting such an ordinance and I commend Bill Moore and his committee for doing so. It is past time for Southold to join neighboring towns in having such a code on the books. I have written a letter to The Suffolk Times expressing my disappointment in their critical editorial o! July 19. I urge you and other members of the Town Board to press on with the code despite the inevitable naysayers. While a system based on decibel levels might be ideal, the town should not make that the only criterion for a noise code. A code limiting certain activities to specific times and prohibiting others will provide us all with a useful tool with which to control some of the more egregious intrusions on the quiet enjoyment of our homes. Even in the less populated sections of Orient, more houses, more cars, more boats, more construction, more lawns have all led to more noise, it is no longer sufficient to say that neighbors should resolve these issues among themselves. Members of the Orient Association will follow the progress of this code with interest. Sincerely, Anne Hopkins RECEIVED JUL 1 2 2001 Southold Town Cler · ~ ~, concluded Thiele. · SCPD Takes Aim At Lowering Noise Levels The Suffolk County Police Department recently concluded its training with the new sound level meters that will help to enforce Sections 375.47 and 386 of the Vehi- cle and Traffic Law. These ordinance~ per- tain to the sound output levels -- whether from stereos or exhaust systems -- in auto- mobiles and motorboats that are considered to be too loud. While these laws have been in effect for some time, the Police Department has lacked the appropriate devices for detecting such violations and the funds to procure them. The sound level meters have finally come down to a manageable cost and Suf- folk County Police have had one ordered for every precinct in the County. "It's part of the department's overall plan to reduce the noise of loud stereos, motorcycles, trucks and drag racers, who modify their exhaust for more horsepower," said Sergeant James Farrell of the High- way Patrol Bureau. The ordinance~ can be as simple as the level of stereo output -- one ordinance holds that no car may exceed 70 dedbels at a distance of 25 feet from the listener -- or complicated enough to depend on the weight and speed of the vehicle in question. The new devices are equipped to mea- sure any and ail factors pertaining to the specific ordinance that is in violation, Far- rell said. Each precinct will send out one trained officer to random locations to monitor for violations. The fines for such violations begin at $100 for a first time offense, up to $200 for a second offense and $500 for the third and successive offenses. --Phil Anselmo PUBLIC HEARING JULY 31,2001 7:10 P.M. ON THE PROPOSED "LOCAL LAW IN RELATION TO NOISE CONTROL". Present: Absent: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Councilman William D. Moore SUPERVISOR COCHRAN: John would you give a reading of the public notice? COUNCILMAN ROMANELLI: "NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 17th day of July, 2001, a Local Law entitled "A Local Law in Relation to Noise Control", now, therefore, be it 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 the Southold Town Hall, 53095 Main Road, Southold, New York on the 31st day of July, 2001 at 7:10 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in Relation to Noise Control", which reads as follows: LOCAL LAW NO. - 2001 A Local Law in relation to Noise Control. BE IT ENACTED by the Town Board of the Town of Southold, as follows: CHAPTER NOISE CONTROL § - . DEFINITIONS As used in this chapter, the following terms shall have the meanings indicated: ABATEMENT -An official warning to remove, stop and/or cease that which causes an unreasonable noise. COMMERCIAL AREA -A group of commercial properties and the abutting public rights-of-way and public spaces. COMMERCIAL PROPERTY -Any property currently or hereinafter zoned for any classification of business or commercial zoning according fu the Zoning Map of the Town of Southold or any facility or property used for activities involving the furnishing or handling of goods or services, including but not limited to: (1) Commercial dining. (2) Community services. Noise Ord. 2 (3) Public services. (4) Other commercial activities. CONSTRUCTION- Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition, of buildings or structures. CONSTRUCTION DEVICE -Any power device or equipment designed and intended for use in construction, including but not limited to air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. DEMOLITION -Any dismantling, intentional destruction or removal of buildings or structures. EMERGENCY WORK - Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone and sewer facilities and public transportation, removing fallen trees on public rights-of-way and abating life-threatening conditions. HOMEOWNER'S 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 "homeowner's light residential outdoor equipment" are lawn mowers, garden tools, riding tractors, snowblowers, hedge clippers, etc. IMPULSIVE SOUND -A sound of short duration, usually less than one (1) second, and of high intensity with an abrupt onset and rapid delay. Examples of "impulsive sound" would be explosions, drop forge impacts, discharge of firearms, etc. INDUSTRIAL AREAS -Those areas zoned as such by the Code of the Town of Southold. INDUSTRIAL PROPERTY -Any facility or property used for activities involving the production, fabrication, packaging, storage, warehousing, shipping or distribution of goods, including any property currently or hereinafter zoned for any MOTOR VEHICLE -Any vehicle which is propelled or drawn on land by an engine or motor. MULTIDWELLING BUILDING -Any building wherein there are two (2) or more dwelling units. NOISE -Any airborne sound of such level and duration as to be or tend to be injurious to human health or welfare or that would unreasonably interfere with the enjoyment of life or property. NOISE CONTROL OFFICER -Any employee of the Town of Southold trained in the measurement of sound and empowered to issue a summons for violations of this chapter. NOISE POLLUTION -The presence of that amount of acoustic energy for that amount of time necessary to: (1) Cause temporary or permanent hearing loss in persons exposed; (2) Be otherwise injurious or tend to be, on the basis of current information, injurious to the public health or welfare; (3) Cause a nuisance; or (4) 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) (a) Yelling, shouting, hooting, whistling or singing on the public streets or from private property at any time that annoys or disturbs the quiet comfort or repose of person or persons in the vicinity and that such noise is plainly audible at a distance of fifty (50) feet from the area, building, structure or vehicle from which such noise emanates. (b) The using or operating of or permitting to be played, used or operated, any sound reproductive device, including but not limited to any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants Noise Ord. 3 and in such a manner as to be plainly audible at a distance of fifty (50) feet from the area, building, structure or vehicle in which it is located. NOISE-SENSITIVE ZONE- Any area designated pursuant to this chapter for the purpose of ensuring exceptional, quiet. OFF-ROAD RECREATIONAL VEHICLE -Any vehicle which is propelled by any power other than muscular power. 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. 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. REAL PROPERTY LINE: (1) The imaginary line, including its vertical extension, that separates one parcel of real property from another; or (2) The vertical and horizontal boundaries of a dwelling unit that is one (1) in a multidwelling unit building. RESIDENTIAL AREA -A group of residential properties and the abutting public rights-of-way and public spaces. RESIDENTIAL PROPERTY -Any property used for human habitation. SOUND -Any variation in ambient barometric pressure. SOUND REPRODUCTION DEVICE -Any device that is designed to be used or is actually used for the production or reproduction of sound, including but not limited to any musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public address system or any other sound- amplifying device. SOUND SIGNAL DEVICE -Any device that is designed to be used or is actually used to produce a sound signal, but not spoken language, including but not limited to any horn, whistle, bell, gong, siren, rattle, clapper, hammer, drum or air horn. SOUND SOURCE -Any activity or device whatever that produces sound. SOUND SOURCE SITE -Anyone (1) parcel of land or a tract of land consisting of two (2) or more parcels, which includes all contiguous land and water areas under the ownership or control of a person in or upon which one (1) or more sound sources are located. The "sound source site" includes all individual sound soumes that are located on such site, whether stationary, movable or mobile. A sound soume site" is created by the installation of one (1) or more sound sources thereon. UNREASONABLE NOISE -Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business, except the sound from agricultural operations. Standards to be considered in determining whether "unreasonable noise" exists in a given situation include, but are not limited to, the following: (1) The volume of the noise. (2) The intensity of the noise. (3) Whether the nature of the noise is usual or unusual. (4) Whether the origin of the noise is usual or unusual. (5) The volume and intensity of the background noise, if any. (6) The proximity of the noise to residential sleeping facilities. (7) The nature and zoning district of the areas within which the noise emanates. Noise Ord. 4 (8) The time of day or night the noise occurs. (9) The time duration of the noise. (10) Whether the sound source is temporary. (11) Whether the noise is continuous or impulsive. § - . Enforcement. A. The provisions of this chapter shall be enforced by noise control officers and/or police officers of the Town of Southold. B. The noise control officers shall have the power to: (1) Issue a summons or warning, pursuant to § __-_, to immediately cease and desist the subject noise. (2) Coordinate the noise control activities of all municipal departments and cooperate with all other public bodies and agencies to the extent practicable. (3) Review the action of other municipal departments and advise such departments of the effect, if any, of such actions on noise control. (4) Review and inspect public projects and, upon consent by the owner or designated agent, review and inspect private projects for compliance with this chapter. C. The noise control officers shall not use this chapter in situations within the jurisdiction of the Federal Occupational Safety and Health Act. § . Responsibilities of town departments and agencies. A. All departments and agencies of the Town of Southold shall, to the fullest extent consistent with other law, catry out their programs in such a manner as to further the policy of this chapter and shall cooperate with the noise control officer in the implementation and enforcement of this chapter. B. All departments charged with new projects or changes to existing projects that may result in the production of noise shall consult with the noise control officer prior to the approval of such projects to ensure that such activities comply with the provisions of this chapter. § ~-_. Prohibited acts. No person shall make, continue or cause or suffer to be made or continued any unreasonable noise as defined in § __ _ hereof. In particular, without limitations of the foregoing provision of this section, the following enumerated acts are declared to be in violation of this section: A. Sound reproduction devices. (1) No person shall operate or cause to be operated a sound, reproduction device that produces unreasonable noise. The operation of any such device in such a manner as to create unreasonable noise across a real property boundary or the operation of such device by a passenger of a vehicle in such a way as to disturb any other person is prohibited. (2) No person shall operate, use or cause to be operated or used any sound reproduction device for commercial or business advertising purposes or for the purposes of attracting attention to any performance, show or sale or display of merchandise in connection with any commercial operation, including but not limited to the sale of radios, televisions, phonographs, tape recorders, phonograph records or tapes; in front or outside of any building, place or premises abutting or adjacent to a public street, park or place, where the sound there from may be heard upon any public street, park or place or from any stand, platform or other structure; or on a boat or on the waters within the jurisdiction of the Town of Southold; or anywhere on public streets, parks or places. Nothing in this subsection is intended to prohibit sounds emanating from sporting, entertainment or other public events held on property of the Town of Southold or Noise Ord. 5 School District so suited for such activities, provided that proper authorization from the Town of Southold has been obtained. (3) No person shall operate or use or cause to be operated or used any sound reproduction device in any public place in such a manner that the sound emanating therefrom creates unreasonable noise across a real property boundary. B. Shouting and peddling. (1) No person shall shout, yell, call, hoot, whistle or sing on public streets or in public places so as to cause unreasonable noise. (2) No person shall call for the purpose of advertising goods, services, wares or merchandise within any area zoned for residential use so as to cause unreasonable noise. The provisions of this section shall not apply to the sale of merchandise, food and beverages at Town of Southold author/zed entertainment events such as parades, fairs and sporting events. C. Places of public entertainment. No person shall operate or permit to be operated a place of public entertainment, including but not limited to a restaurant, bar, cafe, discotheque or dance hall, in which the playing of any sound reproduction device or similar device creates an unreasonable sound level sustained for more than thirty (30) seconds at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating "sound levels within may cause permanent hearing impairment." D. Animals and birds. No person shall keep, permit or maintain .any animal, including a bird, under his control which frequently or for continued duration of fifteen (15) minutes makes sounds which create unreasonable noise across a residential real property boundary. E. Noise-sensitive zones. No person shall cause or permit the creation of any sound by means of any device or otherwise on any sidewalk, street or public place adjacent to any school, court, house of worship or public library while such facility is in use or adjacent to any hospital or nursing home at any time, so that such sound disrupts the normal activities conducted at such facilities or disturbs or annoys persons making use of such facilities. F. Loading and unloading. (I) No person shall engage in, cause or permit the loading, unloading, opening, closing or other handling of boxes, crates, containers, building mater/als or similar object between the hours of 8:00 p.m. and 7:00 a.m. the following day in such a manner as to cause unreasonable noise across a residential real property boundary. (2) This provision shall not apply to the operation of any business as to which specific Town Code regulations set forth different times or covenants- were recorded prior to the enactment of this chapter by direction Of any agency of the Town of Southold settling forth a limitation for conducting of the activities set forth in Subsection F(1) above during the hours other than those set forth in said subsection. In such case, the hours set forth in the covenant or Town Code regulations shall control. G. Horns and signaling devices. No person shall cause or permit to be caused the sounding of any horn or other auditory signaling device on or in any motor vehicle except to serve as a danger warning. H. Squealing tires. No person shall operate a vehicle in such a manner as to cause unnecessary noise by spinning or squealing the tires of such vehicle. I. Standing motor vehicles. (1) No person shall operate or permit to be operated the engine of any motor vehicle or any auxiliary equipment attached to such vehicle, for a period longer than ten (10) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on any private property or public right-of-way or public space so that the sound therefrom is audible within Noise Ord. 6 three hundred (300) feet of a residential property boundary between the hours of 8:00 p.m. and 7:00 a.m. the following day. (2) This subsection shall not apply to authorized emergency vehicles or to public utility vehicles actually engaged in any emergency repair activity. K. Street cleaning and/or parking lot sweeper equipment. No person shall engage in or permit to be operated any street sweepers, industrial vacuums or other like equipment between the hours of 8:00 p.m. and 7:00 a.m. The provisions of this subsection shall not apply to emergency work or municipal street cleaning. L. Construction. (1) No person shall operate or permit to be operated any construction device, including but not limited to construction and demolition work, excavating or earthmoving equipment: (a) Between the hours of 8:00 p.m. and 7:00 a.m. on weekdays or at any time on Sundays or legal holidays, such that the sound therefrom creates unreasonable noise across a residential real property boundary. (2) The provisions of this subsection shall not apply to emergency work. M. Commercial, business and industrial operation. (1) No person shall operate or permit to be operated on a sound source site a commercial business or industrial operation that produces an unreasonable sound level. (2) Continuous sound-in-air which has crossed the property line of such sound source site and enters property zoned for residential use or property within a noise-sensitive zone shall not produce an unreasonable sound level: (a) During the hours of 7:00 a.m. and 8:00 p.m.: (b) During the hours of 8:00 p.m. and 7:00 a.m. the following day: (c) The sound levels contained herein shall not apply to noise-sensitive zones when the facilities in such zones are not in use. (3) Continuous sound-in-air which has crossed the property line of a sound source site and enters property which is zoned for business or property where the public in general congregates, except property zoned for industrial use, shall not produce an unreasonable sound level. N. Noise mufflers. No person shall operate a motor vehicle which shall fail to contain a muffler or other sound-suppression equipment in operable condition which shall prevent said vehicle from causing unnecessary noise. § ~-_. Exceptions. The provisions of this chapter shall not apply to: A. Agricultural operations. B. The emission of sound for the purpose of alerting persons to the existence of an emergency. C. The emission of sound in the performance of emergency work. D. The noise generated in agricultural production and operating, including but not limited to farm irrigation equipment, animal training or air cannons used to prevent animal damage. E Noise from the intermittent or occasional use of home- owner's light residential outdoor equipment, including but not limited to domestic power tools, lawn mowers and equipment, when operated with a muffler, between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays. F. Sound from church bells and church chimes when part of a religious observance or service. G. Noise from construction activity, except as provided in § __ _ Noise Ord. 7 H. Noise from snowblowers, snow throwers and snowplows, when operated with a muffler, for the purpose of snow removal. 1. Noise from stationary emergency signaling devices owned and operated by any public utility, municipal subdivision, fire department or ambulance corps when used in connection with an emergency or for testing purposes, including but not limited to train switching. J. Noise from a burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within fifteen (15) minutes after it has been activated and shall not be operated more than fifteen (15) minutes in any one-hour period. K. Sound from chimes or bells from municipal buildings, including but not limited to fire district buildings. L. Noise from generators used for emergency purposes. M. Noise from licensed or permitted fireworks displays, outdoor concerts, musical entertainment, parades or assemblies § - .Variances. A. The Town Board of the Town of Southold shall have the authority, consistent with this section, to grant variances to this chapter. B. Any person seeking a variance pursuant to this section shall file an application with the Town Board. The application shall consist of a letter signed by the applicant and contain a legal form of verification. Such letter shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. In addition, the following information shall be provided: (1) The plan, specifications and other information pertinent to such sources. (2) The characteristics of the sound emitted by the source, including but not limited to the sound levels, the presence of impulsive sounds and the hours during which such sound is generated. (3) The noise abatement and control methods used to restrict the emission of sound. C. The Town Board, upon receipt of such application and upon payment of any fee which shall be required by resolution of the Town Board, shall set the matter down for a public hearing to be held within thirty (30) days from the date the application was submitted. The Town Board shall cause publication of such public hearing to be given in the official newspaper of the town in the same manner as an application for a special permit is published. The applicant, in like manner, shall give notice of the application by certified mail, return receipt, to all property owners surrounding the sound source sire within a radius of two hundred (200) feet from the borders of said site- D. In determining whether to grant or deny the application, the Town Board shall balance the hardship to the applicant, the community and other persons against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on the property affected and any other adverse impacts deemed appropriate. E. The Town Board shall cause the taking of sound level readings by an agency to be designated by the Town Board in the event that there shall be any dispute as to the sound levels prevailing or to prevail at the sound source site. F. The Town Board shall have the power to impose restrictions, conditions and the recording of covenants upon any sound source site, including time limits of permitted activity, in the event that it shall grant any variance hereunder. § - . Penalties for offenses. Noise Ord. 8 A. Any person who violates any provision of this chapter shall be guilty of a violation and shall be subject to a fine not to exceed two hundred fifty dollars ($250.) for each offense. B. Each day (twenty-four-hour period) of violation of any provision of this chapter shall constitute a separate offense. § . Issuance of warnings. A. Except as provided in Subsection B below, in lieu of issuing a summons, the noise control officer may issue a warning requiting abatement of any source of sound alleged to be in violation of this chapter. B. A warning shall not be issued when the noise control officer has reason to believe that there will not be compliance with the warning, when the alleged violator has been served with a previous warning or had previously been convicted for a violation of this chapter. § . Construal of provisions. No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law. This Local law shall take effect immediately upon filing with the Secretary Of State as provided by law. By Order of the Southold Town Board of the Town of Southold, July 17, 2001. Elizabeth A. Neville, Southold Town Clerk." I have some correspondence in the file from a resident in Mattituck, also from Fishers Island, affidavit that is was posted on the Bulletin Board, and published in the local paper. SUPERVISOR COCHRAN: You have heard the reading of the Local Law in Relation to Noise Control. I will tell you tight up front before we get started with pro and cons that this is being sent back to the Code Committee. I know a lot of happy people that like to whistle and sing on public streets. I would although I am not very good at it, but I do whistle. Chickens, I have a man that calls me all the time who wants me to do something about the roosters. Well, I tell him that is part of living in a farm area having roosters. So, we have to learn to live with one another. Where we get most of the complaints on noise is the direction the Noise Ordinance should go, and he has gone in many directions is using bands, live music, be it a party, be it an affair at a particular place, and the noise. I don't think any of us have had any trouble seven o'clock in the morning with guy that has to build a house. I mean my husband used to be a carpenter, and certainly that is what time carpenters start at seven o'clock in the morning and work until four. On weekends if you have a young kid or young couple that is building their own house, when can they best do it? On a weekend, so I think part of town has always understood these kinds of noises, a tractor plowing at seven o'clock in the morning. I mean that is all part of Southold. That is what we love about it, and that is why we are here. I realize many of you came in tonight to be able to express yourself, and you can still do that, but I think the best way to go in relation to this is to keep in positive with good solid suggestions. I think this Board is pretty aware, and they can speak for themselves. I don't want to speak for anyone. I am speaking for myselfi I think most of us as we read through this, and the heating was already set, it is not what we had in mind. So, we would like to have your input, positive input. Them is a need for something. Does anyone on the Board have anything to say? Any Board member? COUNCILMAN ROMANELLI: The only thing I want to say many of us out here going on four years. Bill Moore and I sat up here for a couple of years, but the fact that we didn't believe we needed a noise ordinance, but I also have to say those four years I saw faces coming out every summer giving us the same complaint that there is a problem noise in certain areas, and this law goes a little too far on I think the construction, and the times of starting but every year for four years I had the same people or Noise Ord. 9 different people, but the same situation, a band in the backyard, a stereo, and they won't shut it down. We get them. I still get the letters, and I get the phone calls in my own private office, so there is probably in my opinion a need for something. Let's hear what we have to say, and there is a need for something, and we want to know that, too. COUNCiLMAN RICHTER: Definitely I think this law is going to be, or this proposed law change, is going to be something extremely difficult to enforce. I think, myself personally, it is way too stringent. John just said that over the last four, and over the last two summers, we have been heating complaints about noise, and it usually comes from bands, DJs or house parties or something of that nature. ! don't think I have heard once someone complain about construction going on early in the morning. I also think that it may become very difficult to enforce something like this, but I see that it got a lot of people's attention, which is good, so maybe we can get some positive stuff. There may be a need for some sort of noise control ordinance, and I am not so sure of that either, because it is going to be difficult to enforce. SUPERVISOR COCHRAN: I will take comments from the audience, either pro or con, and I will start on this side. FRANK CARLIN: Good evening, ladies and gentlemen of the Board. Frank Carlin. I am back from my summer vacation. I have a question here I want to start with. It is how did you choose these committees? I mean to come out with something like this. SUPERVISOR COCHRAN: Sometimes they come out with some pretty good stuff, and sometimes they come out with things we don't agree with. FRANK CARLIN: But you have to learn to use more logic and common sense, like the birds flying around and they can't make a noise. Tkis doesn't make sense. Contractors can't work on weekends. I don't even know why you had this meeting for. Why did you even put it in the paper for? If you didn't want it why did you even bother with it? You should have just cancelled it out or done sometlfing about it. What Craig said it is hard to enfome it. Even the State tried to enfome this a year or two ago about noise, and it is difficult. You had to use DB meters, and it is difficult to enforce. Even with the police it is difficult to enforce. I am not saying you shouldn't have some kind of an ordinance, but notl'fing like this. SUPERVISOR COCHRAN: It is being used somewhere in some towns. Does anyone know where they got it from? COUNCILMAN ROMANELLI: He grabbed about four or five different municipalities from a few other Codes, and made it into one. A noise ordinance is to give the police a reason, because they is nothing they can do. FRANK CARLIN: I know that, John, but stuff like this shouldn't even...Anybody reads this, even the Board, should have sent it back before they even started. SUPERVISOR COCHRAN: Frank, we have tonight your input that what you feel as far as the Noise Ordinance is concerned. Noise Ord. 10 FRANK CARL[N: It is hard to say what is too loud and what isn't. I live in Laurel, and about a half mile from the Laurel Winery. Sometimes on a Saturday night I can hear music in my bedroom as if it was next door. But, when can I do about it? 4:30 in the morning a train goes by blowing the whistle. What can I do about it? I am going to go out there and tell them, hey, stop blowing the whistle. There is a crossing there. Some ttfings you have to learn to live with. That is what I am going to say. Trucks go by. A lot of traffic goes by. I will tell you another thing that bothers me. In 1987 to straighten the curve that was defective, and just about 100 foot from my house going east under the overpass, there was like a defect in the road, and anytime a truck goes over that, especially a sanitation truck carry/ng a tote on the back it bounces up and down, or makes a lot of noise, any truck. In fact there was an accident there a while ago last year when the boat came off the trailer hit that bump. What are going to do? There has got to be some kind of ordinance, but nothing like this. I would suggest these committees you have use more logic, common sense and reasoning, and review it more closely, too, when you have the Town Board meeting like this in a public hearing. JOE LIZEWSKI: This morning when I came in I went to the Clerk's Office, and I said, you know I haven't received a notice about these Legislative meetings in quite a while. Usually we get notices when there is a legislative meeting. They went thumbing through it, tried to find in the computer the last time we had a legislative meeting, quite a while ago. I was wondering if the public was ever going to be allowed to participate in these legislative meeting again. The last time it was done was February. I was curious to know from this Board who looked at it, and said, this is not such a good thing anyway, when I am going to get a notice to the Legislative meeting so I can attend these things. So, maybe by that time you can get some public input without getting to the point where you have a public heating. You find out how everybody feels about a law. It would be nice to have more public participation, and the thing I have listened to on the outside there is couple of places where there is a real noise problem. One is some of the vineyard parties, and the other is down at the Greek Church. Now, that is not really a threat from this entire law. If you can get a special permit from the Town Board from the law, that permits those functions to continue to go on. So, I think instead of looking through other Town laws, and trying to adapt them to our town maybe the Town Board should try to take the problems that we have, and write the law without looking at other people's laws. But if we take the problems we have, and really sit down and hash these out like was done years and years ago with the Legislative Committee and public participation, and usually get the people who are really interested in changing this law. I am sure you get some of the neighbors from the vineyards at those meetings if they knew you had a Legislative meeting. I am sure you would get the vineyards at those meetings. I am sure you would get the people who live around the church, and then you can really hack it out, and you would solve the problem without all this extra material in here that really, you know, when you read this thing it says that school districts would have to come to you to get a permit for a sporting event. It is unbelievable the way this was put together because you adapted somebody else's law. Forget about everybody. This is Southold. Let's get on with taking care of Southold. Thank you. SUPERVISOR COCHRAN: We don't disagree with you. This will be given to Mr. Moore who is Chairman of the Code Committee. JOE LIZEWSKI: I hope I get a notice when there is another Legislative meeting. Noise Ord. 11 SUPERVISOR COCHRAN: You certainly will. It will be published in the paper. Anyone else over here like to address the Town Board? Yes, sir? CHRIS MURPHY: I know you have seen me here before. My name is Chris Murphy. I live on Fairlane, the property that was pointed out by the Greek Church. I have been down here numerous times because of the problems that myself, my family, my neighbors, and the Greek North Fork Community Church Organization had over noise and the use of the property behind my house. I have been following the action for about a year. I know you guys are going to come up with a Noise Ordinance. I was hoping it was really going to address the specific needs that we are coming up against, the difference in the way we live our lives between the Greek North Fork Community Church and ourselves. It seems to me reading some of the stuff I read in the paper that the ordinance as it was written so far is still with inflammatory details that don't seem like the other gentleman just suggested really address that issue here, the issue of unreasonable noise. I am very happy that the Town Board saw that there was a problem and is trying to take an action. That is a response of the government. That is what you are paid to do. That is why you were elected, but like I said, this ordinance in its current state doesn't seem to do the job. It is going to drive the parties further apart, and die a slow death rather than accomplish anything. I think it is very, very important to point out that, you know, ! have actually read articles in the paper I think people view people like myself who just want to have a nice quality of life as being, quote, unquote, whining NEMBY, or something like that. Well, if trying to protect my family and my property, and live a good life, just after working so many years to get it makes me a whining NEMBY, then I am proud to be a whining NEMBY. Okay? If there is anybody here, anyone of you, who would be anything different. SUPERVISOR COCHKAN: Sir, please, address the Town Board. CHRIS MURPHY: If there is one person here who is proud to say I am a coward, and I would not go before the Town Board, and make waves, I would rather roll over and let other people walk all over my quality of life, walk all over my family, and then, please, stand up, because unfortunately I don't agree with you, and I can't follow the same path. So, all I ask is that the Town Board has a duty to look up the interest of all the people involved, try to come up with an ordinance that allows people to make a living, and at the same time doesn't allow any one particular person through any one in regards up their organizational affiliations, their jobs, their influence, doesn't allow their pursuit of happiness or money, or whatever to supercede another person's pursuit of happiness and quality of life. That's it. GEORGE CAPON: Good evening. George Capon from Greenport. On the lawmnower and snowplowing not until eight o'clock in the morning a lot of people start their snowblowers, they like to get out with their snowblowers and clean the sidewalks up before the traffic does get on there, or- before they go to work. If it is after eight o'clock in the morning before you are able to do that stuff people walk on it. Just forget about it then. On mowing grass starting now until eight o'clock, seven o'clock I say, fine, but eight o'clock is too late on that. A lot of fellows go out and make their livings and have to wait until eight o'clock before they mow grass. I mean it is just hard on them. Highway Department, Suffolk County, our own local, and the State, they start at seven o'clock in the morning. They are going to wait until eight o'clock in the morning now to mow grass or something like that? It just don't seem right. Sunday morning, yes, I can see in the morning eight o'clock on Sunday, or maybe nine o'clock on Sunday morning before you do something like that there. I hope the Town Board takes this under there and just think about it. Thank you very much. Noise Ord. 12 SUPERVISOR COCHRAN: Anyone else on this side like to address the Town Board? MICHAEL ZANESKI: Supervisor Cochran, members of the Town Board. I live 875 Wells Road. Michael Zaneski. Now, my question is Wells Road has got Suffolk County Water Authority running down it. SUPERVISOR COCHRAN: Wait a minute, sir. You are on a different topic. I have gotten letters from you. We are in the middle of a hearing on the noise orcV~nance, so I am going to have to ask you to wait until after the hearing. JUDY CLARK: Judy Clark. I would like to able to sleep at night between eleven and seven. My big thing parties that play music very, very loud until four o'clock in the morning when I have to go to work with two hours of sleep in that neighborhood, and I think if the policeman went there who realize that the noise is too loud for people to sleep, and he can tell them if there is a noise ordinance to stop it, or get a fine. That is reasonable, and or the dog is barking and keeping you awake. Make them stop. SANDY GANNON: Sandy Gannon (unintelligible.) I am wondering if there is a possibility of just limiting just the outdoor entertainment part of it. You get five times a year you are allowed, so that is the time you stay indoors. If you are going to turn the winery into a catering hall then you are going to have to build a hall, and not have it outside. (unintelligible) My whole neighborhood is affected, not just me. There is lots of us. So, maybe that could be something to look at, just limiting the amount of time you can be outside. COUNCiLMAN ROMANELLI: We actually did discuss that. We had limitations, sort of a yard sale, you are only allowed one yard sale a year, and we talked about the same type of situation, that maybe we should put, you know, so many times a year you can have an outdoor event. We did talk about it. In fact, I have to be honest with you, after we already looked into, it is not part of this, but someone came to us and said the same thing, you should limit it. SANDY GANNON: I feel that I am a very reasonable person. I like to have to a party, but every single weekend both nights it is not limited, especially when it is an agricultural area, and that it is. SUPERVISOR COCHRAN: Have you found that there, we just recently met with the Wine Council, and they have developed a set of guidelines. SANDY GANNON: No, guidelines are rough. They used to be pretty good about, you know, eleven o'clock cutoff, but it is 11:30 a lot of time, and it definitely not any lower in volume. Absolutely not. SUPERVISOR COCHRAN: Are they still, because I am not out there on Saturday night while they are partying .... SANDY GANNON: I have an air conditioner in the house so I don't have to listen, and I still hear it and it most of the time on Saturday nights. It doesn't matter. They have amplifiers, so what is the difference. You still hear the mega bass loud in your windows. Noise Ord. 13 SUPERVISOR COCHRAN: We will check on that. Thank you. LUCY DAMERON: Good evening. My name is Lucy Dameron. I am here representing some of my neighbors. I can say it all in one word. Rooster. He stars at 3:00 o'clock in the morning. I don't know too much about roosters, but is there anything they can do about this rooster? I always thought they crowed once, and nobody has told this rooster that. He is crowing from 3:00 o'clock on. SUPERVISOR COCHRAN: Did they thing of getting some hens? LUCY DAMERON: They have hens. I don't mean any harm, believe me, but you know there has to be some consideration. One of ladies went to this woman, and asked her if she could do something about the rooster, and she said, no, I can't do anything about it. You know people should try to make a little bit of an effort to be considerate because the houses are so close together in our neighborhood. Unfortunately where there shouldn't be laws we end up having laws when people aren't considerate. I won't take any more of your time up, but please keep in mind the word rooster and neighborhood. Thank you. SUPERVISOR COCHRAN: Are you the woman that has been calling me in relation to a rooster? LUCY DAMERON: Me? No. SUPERVISOR COCHRAN: Somebody else. Just tell me what neighborhood you are in. You don't have to tell me now. You can tell me later. Okay? NICK CYPRUS: Good evening. My name is Nick Cyprus, and I am a member of the church of which everybody seems to be complaining about the noise, but first I want to say that the church only has four days a year with the festival and all, that without that it would not stay in business, because that is the only way we can make a few dollars to sustain and take care of our expenses. Now, about the noise, notice according to the individuals, somebody can be complaining about it not being loud enough. That they would like to hear the music, and somebody who would complain the opposite. So, there is no guide at that point. Now, there is one thing that I understand there is a law already, and that is 11:00 o'clock. Am I correct? SUPERVISOR COCHRAN: We don't have a curfew now. It is a provision on the permit when they get the permit from the Town Clerk. The winery is from the ZBA. NICK CYPRUS: The permits I appreciate very much, because without that we would not be able to operate at all. The operating is not for the chumh to make money. I repeat. We are here to sustain our livelihood as a church. The couple of days the music was low. Sometimes the people who do play they don't realize how loud they can be. I agree with you, that in the past it has been too loud. The last couple of times I was there, I heard it, and complain to the management there that it was loud, and that put it down. It is not for any other reason than to stay in business. SUPERVISOR COCHRAN: How many functions a year do you do now? FATHER JAMES KARALEXIS: Right now it is about four functions a year. Noise Ord. 14 SUPERVISOR COCHRAN: Does that include your fair? FATHER JAMES KARALEXIS: One day for the Greek-American night, which is held the last Saturday in June, and then the Greek Festival. SUPERVISOR COCHRAN: Do you use it for any other events, any other time besides the four days? FATHER JAMES KARALEXIS: Well, the local church organization use it. They give donations. We don't rent it, Mrs. Cochran. They give donations and offerings to the church to help clean the picnic facilities. SUPERVISOR COCHRAN: It is used more than four times a year then. FATHER JAMES KARALEXIS: It is used about with the festival about eight times a year. SUPERVISOR COCHRAN: In the summer months. FATHER JAMES KARALEXIS: In the summer months. For example in August there will be only one event. SUPERVISOR COCHRAN: Anyone else like to address the Board either pro or con? Yes, ma'am? JEANNE F1NGER: I live in Country Club Estates in Cutchogue. I attended last year about the vineyards. Basically I moved to the North Fork for the agricultural, not to hear some noise, not to be near cater/ng facilities. I understand the vineyard tasting hours are 11 to 4. That is very nice. The problem is it the consistency of the farmstands. It seems to be escalating with more vineyards, and there is going to be more of it. It is not slowing down. Also I heard the church mention that they are getting permits for their functions. The curfew is at 11 o'clock. Are the vineyards required to get any permits? Do they get them, and do they have curfews? SUPERVISOR COCHRAN: To my knowledge they do. JEANNE FINGER: I have to say that is not always the case. Then recently on Saturday nights they had a party late at night, and then helicopters began spraying at 5:30 on Sunday morning. Then again a 5:30 spray on Sunday morning, it happens once or twice a summer. I can live with it with the helicopter whirling over my house, not when they are playing until 11:30 at night on Saturday night, and this is what is happening. It is getting worse. SUPERVISOR COCHRAN: Thank you. JOSEPH ANDREJACK: Josepeph Andrejack from Southold. I am in favor of the noise ordinance, because there are inconsiderate people. My problem is with a neighbor who has roosters also, and it is not a farm. I approached him, and he said he wasn't going to get rid of them. So, I am last person who wants intervention, but in this case I think we do need some sort of control. This is a little extreme but I do think we need some sort of control, because sometimes people come home late, and want to sleep Noise Ord. 15 a little later, or are working rotating shifts. Sometimes they get in late. You want to catch a little extra sleep. You can't. You are up at four o'clock in the morning, and it is a problem. It is a pet, because it is not a farm. I hear the town recognizes the dogs, why can't the town recognize other pets as nuisances? Why just dogs? That's all I have to say. SUPERVISOR COCHRAN: We will take that into consideration. PETER PAPPAS: Good evening, Supervisor. We try as hard as possible to get along with everybody with less noise and everything, but sometimes one person will blame. What can I tell you. We try as hard as possible to less noise. (unintelligible) We have to compromise. ZITO D1VELLO: Good evening, ladies and gentleman. My name is Zito. I have been called Rocky my whole life. I just want to take one second to apologize to Mr. Carlin, because I am one of the guys that rumble probably keeping him awake. My issue is the nature of my business, the sanitation business, and as you know people are partying weekends and holidays is when the generate the most garbage. It is a problem for me because I am working seven days a week trying to keep up with it, you know. Then once we pick up we have to get rid of it, and the problem now is transportation. We have driven as far as Babylon to try and get rid of it. So, it is very crucial for our business to be able to operate and pick up and give the best service we can when it is needed. We try to be good to our neighbors, because we have good neighbors all around us, that is basically what we are talking about on weekends and holidays because of the restaurants, and you know, we just try to keep on top of it. It is a health issue, too. I just want to be able to work when I have to. That's about it. Thanks. MICHAEL ZANESKI: Supervisor Cochran, Town Board, good evening. My name is Michael Zaneski. I have an issue with the vineyard that diagonally across from me, which is Osprey Vineyards. In the summertime they have stunt planes that literally buzz my house, loops over my house from within fifty feet of my house. That continually slows up traffic on the Main Road, the traffic pattern. Stunt planes. Stunt planes, I don't know where they come from. SUPERVISOR COCHRAN: A year ago we had this problem in the summertime. I reported to the FAA, and it stopped. I was just made aware that it is back this summer again. MICHAEL ZANESKI: Not as much as last year. SUPERVISOR COCHRAN: The same planes? MICHAEL ZANESKI: Now, the important part is that what they do is, they stall the traffic on the Main Road near the old Michael Pontiac, and people pull off, and that is a traffic hazard, so the unfortunate part of it is the coming within fifty feet of my house. SUPERVISOR COCHRAN: I had my complaint the other day, and we are pinpoint where exactly they are doing this. At least last summer he picked the same are to do his stunts. MICHAEL ZANESKI: He picked the same area last year, and this year he is there. Noise Ord. 16 SUPERVISOR COCHRAN: Okay, I will call and let them know. At one point last year they were able to find out who it was. MICHAEL ZANESKI: When they pull over on the Main Road in the middle of the summer months you have a real incidents of an accident there. You know, people just pull off on the M~n Road to just watch this guy. They get out. SUPERVISOR COCHRAN: I will call again, because they are in violation. Anyone else in the center like to address the Town Board either pro or con in relation to the Noise Ordinance. Sir? KARL STIELMAN: Good evening. My name is Karl Stielman, I live in Greenport. I just have a question. I read the ordinance as it was published in I guess it was the Suffolk Times. I just had a question about exactly what unreasonable noise is as it relates the birds, in particular chickens, the keeping of chickens, because it one of the things that is allowed according to the Town Code as an accessory use. I was just wondering how that would be dealt with as chickens laying eggs, and how that would be considered, or if it would be considered some kind of unreasonable noise? COUNCiLMAN ROMANELLI: What we have broken down is no person shall keep, permit or maintain any animal including a bird under his control which the continually duration of fifteen minutes makes sounds or creates unreasonable noise. That is a property owners, and I actually think you should define unreasonable noise. If you give me a minute I might find it. KARL STIELMAN: The other thing is if the Town allows chickens as an accessory use in the Town Code is that legally considered agricultural, because that is an exception under this ordinance that agricultural practices. If the Code allows it as an accessory use is that somehow considered an agricultural operation? TOWN ATTORNEY YAKABOSKI: An excellent question. When it goes back to the Code Committee I will make sure that they have it. KARL STIELMAN: It is kind of a vague area. I wasn't sure if we keep chickens right now, I was wondering what is unreasonable for a chicken? Thank you MIKE FANDREY: It is the weekend things that they have under the pavilion that they built a year ago, and that is when the problem started. If they had the weekend events inside the church we never heard it. I never heard it. The Murphys live a little closer than I do, but as far as enforcing it if somebody needs a permit, and there are too many complaints that is one way of enforcing that particular part of the noise ordinance. How you enforce roosters, I feel sorry for people like Rocky who has his business, that is yes, that is tough to enforce. I think you can enforce a noise ordinance on our particular problem of the Greek Church. Thank you. SUPERVISOR COCHRAN: Thank you. Anyone else? PAULA DANIEL: Good evening. My name is Paula Daniel and I live in Peconic. I want to thank the Supervisor and the Town Board for putting together this difficult issue. It takes a lot of courage, and I appreciate it. When you do the modification I would like to ask you to keep something that you have Noise Ord. in here. It is item #N, a noise mufflers. I spoke to Councilman Moore, who also spoke to the Police Chief. It seems there is a trend towards modifying vehicles for extra loud exhausts, and it is covered under the Department of Motor Vehicle Law, but as I discussed it with the Southold Police they need to play this sort of cat and mouse chase game, and see them going down the highway, which I think is a waste of our precious police resources. So having this in here I think acts as both deterrent to people to remind them that this loud exhaust disturb people, and also allow it to be enforced, and not having to catch them in the act. My husband and I for the better part of the year have been woken up almost every night, sometimes two or three times in the night by a young gentleman who souped us his vehicle. So, we hope that you will keep this item in. Thank you very much. PETER NATHANSON: My name is Pete Nathanson. I live in Orient. First ! will put one foot on a soapbox, and just make a statement then I will get it off and get to a comment. One of the sections of articles of our Constitution guarantee everybody peaceful, quiet enjoyment of their property. I don't know exactly which one it is. Mr. Yakaboski can probably pick it up, if he looked for it, but it is there. Foot is off the soapbox, now just a comment. The young lady who mentioned about the mufflers before me is something I wanted to bring up. It is in the VMT Law about muffled vehicles. The biggest problem I am having is basically weekends. It started a couple of years ago, and has grown and grown. Motorcycles. I live on the Main Road. They come roaring through. I think if there were five out of a hundred that have a muffle we would be very surprised. It is not a matter of having to chase them. You can just sit in one spot and just watch them go by hour after hour starting at 5:00 o'clock in the morning on Sundays sometimes, going until 10:00, 11:00 o'clock at night. It is a big problem, and it is a Motor Vehicle Law. I don't think we have to do in a noise ordinance. It is a State Law that is already on the books. We need to enforce it, and can we enfome it? SUPERVISOR COCHRAN: We will check on that. TOWN ATTORNEY YAKABOSKI: I did hear...I haven't looked at it myself but one thing the police were having with some of the older motorcycles, there is some type of, I believe, grandfather provision, which they are very frustrated with. That is some of the older bikes and the muffler system. PETER NATHANSON: I realize that. These are the newer. I would even say within the last twenty type, which are not grandfathered. It is ridiculous. Part two is the animal noise part. Roosters, okay, you move next to someone that has rooster or farm fowl, but neighbors who have dogs that bark continuously. I have someone who lives fairly close to me, who has many dogs. When they leave the house the dogs are put in a pen, and they bark non-stop until they come back maybe all night, maybe over a weekend. That is something we have to look into. TOWN ATTORNEY YAKABOSKI: Mr. Nathanson, actually there is something already on the books for dogs. PETER NATHANSON: Who enforces it? TOWN ATTORNEY YAKABOSKI: You can file a complaint usually with the Police. Have you called the police on this before? PETER NATHANSON: Many times. It has gone back fifteen years. Noise Ord. 18 TOWN ATTORNEY YAKABOSKI: If you want to give me a call maybe tomorrow or the next day I would be happy to check things out for you. PETER NATHANSON: Thank you very much. SUPERVISOR COCHRAN: Is there anyone else who would like to address the Town Board on this side? (No response.) If not, is there anyone in the room that would like to address the Town Board? (No response. ) I will close the heating, and this will be sent back to the Code Committee. There will be public notice in the paper. We do have some people that we try to notify for the Code Committee in addition to Mr. Lizewski, Mr. Nickles. I believe he is here somewhere. The neighbors certainly will be extended an invitation and the church, so you people can have input. Thank you for joining us. Southold Town Clerk FROM : OYSTERF[ELD$ PHONE NO. To: Members of Southolfl Town Board From: John Durnblis PO Box 162 Mattituck, NY 11952 RECEIV~.u JOL 3 ! 2001 Southolcl Town Cle~ lul. ~0 2001 08:G2PM P1/1 wish to submit the following comments regarding "A Local Law in Relation to Noise Con~xol," to be the subject of a Public Hearing scheduled for luly 31, 2001: I commend the Town Board for its' efforts in controlling unreasonable noise in the Town of Southold. However, I believe that the proposed local law, as published, has certain problematic omissions and errors, particularly, l) Tke definition of"Unreasonable Noise" appears subject to vary/ng interpretations. While the level of noise that may cause physical injury may be accepted by the medical community, the level of noise or sound that "annoys" or "disturbs" the "comfort, repose or peach (SIC, probably peace)" is subject to varying interpretations, and needs to be better quantified in measurable terms, probably decibels above background levels; 2) Potentially objectionable noises such as continually operating external air conditioning, refi'igeration and air hmadling equipment which can be heard across property lines appear acceptable in the code, but may be deemed offensive to some persons; 3) What constttutes a "frequent" objectionable noise caused by animals or birds? A person with particular sensitivities may object to an other-,vise acceptable ardmal call or bark; 4) It appear~ that you are outlawing church bell carillons not directly related to religious s~'vines. Thank you, m-nblis 7/30/01 1:50 a.m. Call received from Nancy Hunt, Fishers Island RE: Noise Ordinance They have no town police on Fishers Island, wants it on record that they have no constables/troopers able to enforce it, Also, wants it on record that if any youths in front of the Pequot Inn are cited for noise that all of them in front of the Pequot are charged because it is very difficult to ascertain which one is the noise make or trouble maker. If it includes everyone, the kids may get a little scared. NOTICR OF, PUBLIC IW, ARING · at ~rc has Town Board of the To~ of ~u~old, S~o~ ~, N~ Y~k on ~e 17~ ~w entitled R~n ~ N~ ~', now, t~ref~; ~ it NO~ IS ~R G~N · at ~ T~ ~rd of ~ T~ of So~M on ~e ~d ~ ~w at ~e SouthoM To~ R~ ~ Ne~ Y~k 3~ ~ ~J~, ~1 ~ ~10 ~, at ~ven ~ o~i~ m ~ ~d. R~ ~ ~ ~", wh~ ~AL ~W ~. -~1 ~ntrol BE IT ENA~'i~D by ~ Town Bo~d of the To~ of S~old, as fo~o~: ~R~ NOISE ~OL t~-~. D~N~ONS ~ ~d ~ ~ c~pter, ~e foH0w. ~g te~ in~t~ ABA~ - ~ official war~ to ~ve, ~t w~ ~s ~ ~le noir. CO~ERCIAL pub~ . busin~ or ~ ~n~g to: (~) ~ ~. (3) ~b~ (4) ~ ~NSTRU~ON - Any si~ preparation, a~mbly, or.ion, ~, ~t~ ~ ~ ~on, but e~ CONSTRUCTION DEVICE Any power device or ~quipment 0esigned and intended for ffse in con- struction, including but not limited to air compressors, bulldozers, back- hoes, trucks, shovels, derricks and DEMOLITION - Any disman- tling, intentional destruction or removal of buildings or structures. EMERGENCY WORK Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, elec- tricity, telephone and sewer facilities and public transportation, removing fatten trees on public rights-oLway and abating life-threatening condi- HOMEOWNER'S LIGHT RESI- DENTIAL OUTDOOR EQUIP- MENT - All engine- or motor-pow- ered equipment intended for repeti- tive use in residential areas typically capable of being used by a homer owner. Examples of "homeowner's light residential outdoor equipment" are lawn mowers, garden tools, rid- ing tractors, snow blowers, hedge clippers, etc. IMPULSIVE SOUND - A sound of short duration, usually less than one (1) second, and of high intensity with an abrupt onset and rapid delay. Examples of "impulsive sound" would be explosions, drop forge impacts, discharge of firearms, etc. INDUSTRIAL AREAS - Those areas zoned as such by the Code of thc Town of Southold. INDUSTRIAL PROPERTY - A~y facility or property used for acti- vities involving the production, fabri- cation, packaging, storage, ware- housing, shipping or distribution of goods, including any lYroperty cur- rently or hereinafter zoned for any. MOTOR VEHICLE ~ Any vehi- cle which is propelled or drawn on land by an engine or motor. MULTIDWELLINO BUILD- ING - Any building wherein there are two (2) or more dwelling units. NOISE - Any airborne sound of such level and duration as to be or tend to be injurious to human health or welfare or that would unreason- ably interfere with the enjoyment of life or property. NORSE CONTROL OFFICER - Any employee of the Town of Southold trained in the measurement of sound and empowered to issue a summons for violations of this chap- ter. NOISE POLLUTION - The pres- ~nce of that amount of acoustic ener- gy for that amount of time necessary to: (1) Cause temporary or perma- nent hearing loss in persons exposed; . (2) Be otherwise injurious or tend to be, on the basis of current inior~ mation, injurious to the public health or welfare; See LEGALS. next page LEGALS... ~.-From previous page 3) Cause a nuisance; or 4) Interfere with the comfortable enjoyment of life and property or the conUuct of business. The following are deemed to interfere with the comfortable enjoyment of life any property or the conduct of business: (a) Yelling! s~outing, hooting, whistling or singing on the public streets or from private property at any time that annoys or disturbs the quiet comfort or repose of person or persons in the vicinity and that such noise is plainly audible at a distance of fifty (50) feet from the area, building, structure or vehicle from which such noise emanates· (b) The using or operating of or permitting to be played, used or operated, any sound reproductive device, including but not limited to any radio, receiving set, musical instrument, phonograph, teievisinn set or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighbosing inhabitants and in such a manner as to beplainly audible at a distance of fifty (50) feet from the area, building, structure or vehicle in which it is located. NOISE-SENSITIVE ZONE - Any area designated pursuant to this chapter for the purpose of ensuring exceptional quiet· OFF-ROAD RECREATIONAL VEHICLE - Any vehicle which is propelled by any power other than muscular power. PERSON - An individual, associ- ation, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recog- nized by law as the subject of sights and duties. PUBLIC RIGHT-OF-WAY- Any street, avenue, boulevard, road, high- way, sidewalk, alley or similar place that is owned or controlled by a gov- ernmental entity. PUBLIC SPACE- Any real prop- erty or structures thereon that are owned or controlled by a govern- mental entity. REAL PROPERTY LINE: (1) The imaginary line, including its vertical extension, that separates one parcel of real property from another; or (2) The vertical and horizontal boundaries of a dwelling unit that is one (1) in a multidwelling unit build- lag· RESIDENTIAL AREA - A group of residential properties and the abutting public sights-of-way and public spaces. RESIDENTIAL PROPERTY - Any property used for human habita- tion. SOUND - Any variation in ambi- ent barometric pressure. SOUND REPRODUCTION DEVICE - Any device that is designed to be used or is actually used for the production or reproduc- tion of sound, including but not limit- ed to any musical instrument, radio, television, tape recorder, phono- graph, loudspeaker, public address ?ystem or any other sound-amplify- ing device. SOUND SIGNAL DEVICE - Any device that is designed to be used or is actually used to produce a sound signal, but not spoken lan- guage, including but not limited to any horn, whistle, bell, gong, siren, rattle, clapper, hammer, drum or air horn. SOUND SOURCE - Any activity or device whatever that produces sound. SOUND SOURCE SITE - Any one (1) parcel of land or a tract of land consisting of two (2) or more parcels, which includes all contiguous land and water areas under the own- ership or control of a person in or upon which one (1) or more sound sources are located· The "sound source site" includes ail individual sound sources that are located on such site, whether stationary, mov- able or mobile. A "sound source site" is created by the installation of one (1) or more sound sources there- on. UNREASONABLE NOISE - Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endan- gers the comfort, repose, health, peach or safety of a reasonable per- son of normal sensitivities or which causes injury to animal life or dam- age to property or business, except the sound from agricultural opera- tions. Standards to be considered in determining whether "unreasonable noise" exists in a given situation include, but are not limited to, the following: (1) The volume of the noise. 2 The intensit of the noise. /3/ Whether t~e nature of the noise is usual or unusual· (4) ~,Vhether the origin of the noise is usual or unusual. (5) The volume and intensity of the background noise, if any. (6) The proximity of the noise to residential sleeping facilities. (7) The nature and zoning district of the areas within which the noise emanates. ~8) The time of day or night the 9) The time duration of the noise· 10) Whether the sound source is temporary. (ll).Whether the noise is continu- ous or impulsive. 8__- . Responsibilities of town de- partments and agencies A. All departments and agencies of the Town of Southold shall, to the fullest extent consistent with other law, carry out their programs in such a manner as to further the policy of this chapter and shall cooperate with the noise control officer in the imple- mentation and enforcement of this · departments charged with new projects or changes to existing projects that may result in the pro- ducfion of noise shall consult with the noise control officer prior to the approval of such projects to ensure that such activities comply with the provisions of this chapter. 8__-__. Prohibited acts. No person shall make, continue or cause or suffer to be made or contin- ued any unreasonable noise as defined in 8__-__ hereof. In particu- lar, without limitatinr~ of the forego- ing provision of this section, the fol- lowing enumerated acts are declared to be m violation of this section: A. Sound reproduction devices. (1) No person shall operate or cause to be operated a sound repro- duction device that produces unrea- sonable noise. The operation of any such device sonable noise across a real property boundary or the operation of such device by a passenger of a vehicle in such a way as to disturb any other person is prohibited· (2) No person shall operate, use or cause to be operated or used any sound reproduction device for com- mercial or business advertising pur- poses or for the purposes of attract- lng attention to any performance, show or sale or display of merchan- dise in connection with any commer- cial operation, including but not lim- ited to the sale of radios, televisions, phonographs, tape recorders, phono- graph records or tapes; in front or outside of any buildinmg, place or premises abutting or adjacent to a public street, park or place, where the sound therefrom may be heard upon any public street, park or place or from any stand, platform or other structure; or on a boat or on the waters within the jurisdictinn of the Town of Southold; or anywhere on public streets, parks or places. Nothing in this subsection is intended to prohibit sounds emanating from sporting, entertainment or other public events held on property of the Town of Southold or School District so suited for such activities, provided that proper authorization from the Town of Southold has been obtained. (3) No person shall operate or cause to be operated or used any sound reproduction device in any public place in such a manner that the sound emanating therefrom crc- property boundary. B. Shouting and peddling. (1) No person shall shout, yell, call, hoot, whistle or sing on pubhc streets or in public places so as to (2) No person shall call for the purpose of advertising goods, ser- vices, wares or merchandise within any area zoned for residential use so as to cause unreasonable noise. The provisions of this section shall not apply to the sale of merchandise, food and beverages at Town of Southold authorized entertainment events such as parades, fairs and sporting events· C. Places of public entertainment· No person shall operate or oermit to be operated a place of I~th~ic enter- tainment, including but not limited to a restaurant, bar, cafe, discotheque or dance hall, in which the playing of any sound reproduction device or able sound level sustained for more than thirty (30) seconds at any point that is normally occupied by a cus- tomer, unless a conspicuous and legi- ble sign is located outside such place, "sound levels within may cause per- manent hearing impairment." D. Animals and birds. No person shall keep, permit or maintain any animal, including a bird, under his control which frequently or for con- tinued duration of fifteen (15) min- utes makes sounds which created fiat real property boundary. E. Noise-sensitive zones· No per- son shall cause or permit the creation of any sound by means of any device or public place adjacent to any school, court, house of worship or public library while such facility is in use or ad scent to any hospital or nursing home at any time, so that such sound disrupts the normal activ- ities conducted at such facilities or disturbs or annoys persons making use of such facilities. E Loading and unloading, (1) No person shall engage in, cause or permit the loading, unload- ing, opening, closing or other han- dling of boxes, crates, containers, building materials or similar object between the hours of 8:00 p.m. and 7:~0 a.m. the following day in such manner as to cause unreasonable noise across a residential real proper- ty boundary. (2) This provision shah not apply to the operation of any business as to which specific Town Code regula- tions set forth different times or enactment of this chapter by direc- tion of any agency of the Town of Southold settingfurth a limitation for conducting of the activities set forth in Subsection F(1) above during the hours other than those set forth in said subsection. In such case, the hours set forth in the covenant or Town Code regulations shall control. G. Horns and signaling devices. No person shall cause or permit to be caused the sounding of any horn or other auditory signaling device on or H. Squealing tires· No person shall uin§ or squealing the tires of such vehicle. I. Standing motor vehicles. (1) No person shall operate or per- mit to be operated the engine of any motor vehicle or any auxiliary equip- ment attached to such vehicle, for a period longer than ten (10) minutes in any hour while the vehicle is sta- tionary, for reasons other than traffic congestion, on any private property or public sight-of-way or public space so that the sound therefrom is audi- ble within three hundred (300) feet of a residential property boundary between the hours of 8:00 p.m. and 7:00 a.m. the following day. (2) This subsection shall not apply to authorized emergency vehicles or to public utility vehicles actually engaged in any emergency activity. K. Street cleaning and/or parking lot sweeper equipment· No person shall engage in or permit to be oper- ated any street swee~rs, industrial between the hours of 8.-00 p.m. and 7.-00 a.m. The provisions of this sub- section shall not apply to emergency work or municipal street cleaning· L. Construction· (1) No person shall operate or per- mit to be operated any construction device, including but not limited to construction and demolition work, excavating or earthmoving equip- (a) Between the hours of 8:00 p.m. and 7:~0 a.m. on weekdays or at any time on Sundays or legalhol- idays, such that the sound there- from creates unreasonable noise across a residential real property boundary. (2) The provisions of this subsec- tion shall not apply to emergency work. M. Commercial, business and industrial operation. (1) No person shall operate or per- mit to be operated on a sound source site a commercial business or indus- trial operation that produces an unreasonable sound level· (2) Continuous sound-in-air which has crossed the property line of such ty zoned for residential use or prop- erty within a noise-sensitive zone July 26, 2001 · The suffolk Times · 35A shall not produce an unreasonable sound level: (a) During the hours of 7:00 a.m. to 8:~ p.m.; (b) During the hours of 8:00 p.m. to 7: a.m. the following day; (c) The sound levels contained herein shall not apply to noise-sen- sitive zones when the facilities in such zones are not in usc. (3) Continuous sound-in-air which has crossed the property line of a sound source site andenters proper- ty which is zoned for business or property where the public in general con~egates, except property zoned for Industrial use, shall not produce an unreasonable sound level. N. Noise mufflers. No person shall operate a motor vehicle which shall fail to contain a muffler or other sound-suppression equipment in op- erable condition and which shall pre- vent said vehicle from causing unnec- essary noise. 8__-__. Exeeptinns. The provisions of this chapter shall not apply to: A. Agricultural operations· B. The emission of sound for the purpose of alerting persons to the existence of an emergency· C. The emission of sound in the performance of emergency work. D. The noise generated in agricul- tural production and operation, including but not limited to farm irsi- g~tion, equipment, animal training or a~r cannons used to prevent animal damage. E. Noise from the intermittent or occasional use of homeowner's light residential outdoor equipment, including but not limited to domestic power tools, lawn mowers and equip- ment, when operated with a muffler, between the hours of 8:00 a.m. and 8:00p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal hohdays. E Sound from church bells and church chimes when part of a rali- gious observance or service. G. Noise from construction activi- ty, except asprovided in 8__-__- H. Noise from snowbinwers, snow throwers and snowplows, when oper- ated with a muffler, for the purpose of snow removal. L Noise from stationary emer- gency signaling devices owned and 9petaled by any public utility, munic- apal subdivision, fire department or ambulance corps when used in con- nection with an emergency or for testing purposes, including but not limited to train switching. J. Noise from a burglar alarm of any building or motor vehicle, pro- vided that such burglar alarm shall terminate its operation within fifteen (15) minutes after it has been activat- ed and shall not be operated more than fifteen (15) minutes in any one- hour period. K. Sound from chimes or bells from municipal buildings, including but not limited to fire district build- ings. L. Noise from generators used for emergency purposes. M. Noise from licensed or permit- ted fireworks displays, outdoor con- certs, musical entertainment, parades or assemblies. §_-_. Variances. A. The Town Board of the Town of Southold shall have the authority, consistent with this section, to grant vasiances to this chapter. B. Any person seeking a variance pursuant to this section shall file an application with the Town Board. The application shall consist of a let- ter signed by the applicant and con- taina legal form of vesification. Such letter shall contain information which demonstrates that bringing thc source of sound or activity for which thc variance is sought into compb- ance with this chapter would consti- tute an unreasonable hardship on the applicant, on the community or on other persons. In addition, the fol- lowing information shall bc provid- ed: (1) The plan, specifications and otber information pertinent to such (2) The characteristics of thc sound emitted by thc source, inchid- ing but not limited to thc sound Icy- els, the presence of impulsive sounds and the hours during which such sound is generated. (3) Thc noise abatement and con- trol methods used to restrict thc emissioh of sound. C. The Town Board, upon receipt of such appiicatinn and upon pay- ment of any fee which shall be required by resolution of the Town Board, shall set the matter down for a public hearing to be held within thirty (30) days from the date the application was submitted· The Town Board shall cause publication of such public hearing to be given in the offi- cial newspaper of the town in the same manner as an application for a special permit is published· The applicant, in like manner, shall give notice of the application by certified mail, return receipt, to a0 property owners surrounding the sound source site within a radius of two hundred (200) feet from the borders of said site. D. In determining whether to grant or deny the application, the Town Board shall balance the hard- ship to the apphcant, the community and other persons against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on the property affected and any other adverse impacts deemed appropriate. E. The Town Board shall cause the taking of sound level readings by an agency to be designated by the Town Board in the event that there shall be any dispute as to the sound levels prevailing or to prevail at the sound source site. E The Town Board shall have the power to impose restrictions, condi- tions and the recording of covenants upon any sound source site, including time limits of permitted activity, in the event that it shall grant any vari- ance hereunder. §__-__. Penalties for offenses. A. Any person who violates any provision of this chapter shall be guilty of a violation and shall be sub- ject to a fine not to exceed two hun- dred fifty dollars ($250.) for each offense. B. Each day (twenty-fuur-hour period) of violation of any provision of this chapter shall constitute a sep- arate offense· §__-__. Issuance of warnings. A. Except as provided in Subsection B below, in lieu of issuing a summons, the noise control officer may issue a warning requiring abate- ment of any source of sound alleged to be in violation of this chapter· B~ A warning shall not be issued when the noise control officer has reason to believe that there will not be compliance with the warning, when the alleged violator has been served with a previous waruin~ or had previously convicted for a viola- tion of this chapter· §~-__. Construal of provisions. No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any per- son for injury or damage arising from any violation of this chapter or from other law. This Local Law shall take effect immediately upon filing with the Secretary Of State as provided by law. BY ORDER OFTHE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, JULY 17, 2001 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1983-1TJy26 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ~.{~1 ~/~_'L~.t~_.~ of Mattituck, in said being duly swom, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a pdnted copy, has been regularly pub- lished iq said Newspaper once each week for J weeks successively, commencing on the ~ day ~,o. o~w~?~o~ . . ~u~.,i~ i~ su~,.:,cour, ty ,~, ~,~/~dndpal Clerk Sworn to befog.me this ~2 day of ~J ~.~.~ 20 ~)1 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 17th day of July, 2001, a Local Law entitled "A Local Law in Relation to Noise Control", now, therefore, be it 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 the Southold Town Hall, 53095 Main Road, Southold, New York on the 31st day of July, 2001 at 7:10 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in Relation to Noise Control", which reads as follows: LOCAL LAW NO. - 2001 A Local Law in relation to Noise Control. BE IT ENACTED by the Town Board of the Town of Southold, as follows: CHAPTER NOISE CONTROL §__ _. DEFiNITIONS As used in this chapter, the following terms shall have the meanings indicated: ABATEMENT -An official warning to remove, stop and/or cease that which causes an unreasonable noise. COMMERCIAL AREA -A group of commercial properties and the abutting public rights-of-way and public spaces. COMMERCIAL PROPERTY -Any property currently or hereinafter zoned for any classification of business or commercial zoning according fu the Zoning Map of the Town of Southold or any facility or property used for activities involving the furnishing or handling of goods or services, including but not limited to: (1) Commercial dining. (2) Community services. (3) Public services. (4) Other commercial activities. CONSTRUCTION- Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition, of buildings or structures. CONSTRUCTION DEVICE -Any power device or equipment designed and intended for use in construction, including but not limited to air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. DEMOLITION -Any dismantling, intentional destruction or removal of buildings or structures. EMERGENCY WORK - Any work or action necessary to deliver essential services, including but not limited to repairing ~vater, gas, electricity, telephone and sewer facilities and public transportation, removing fallen trees on public rights-of-way and abating life-threatening conditions. HOMEOWNER'S 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"homeowner's light residential outdoor equipment" are lawn mowers, garden tools, riding tractors, snowblowers, hedge clippers, etc. IMPULSiVE SOUND -A sound of short duration, usually less than one (1) second, and of high intensity with an abrupt onset and rapid delay. Examples of "impulsive sound" would be explosions, drop forge impacts, discharge of firearms, etc. iNDUSTRIAL AREAS -Those areas zoned as such by the Code of the Town of Southold. iNDUSTRIAL PROPERTY -Any facility or property used for activities involving the production, fabrication, packaging, storage, warehousing, shipping or distribution of goods, including any property currently or hereinafter zoned for any MOTOR VEHICLE -Any vehicle which is propelled or drawn on land by an engine or motor. MULTIDWELL1NG BUILDiNG -Any building wherein there are two (2) or more dwelling units. NOISE -Any airborne sound of such level and duration as to be or tend to be injurious to human health or welfare or that would unreasonably interfere with the enjoyment of life or property. NOISE CONTROL OFFICER -Any employee of the Town of Southold trained in the measurement of sound and empowered to issue a summons for violations of this chapter. NO IS E POLLUTION -The presence of that amount of acoustic energy for that amount of time necessary to: (1) Cause temporary or permanent hearing loss in persons exposed; (2) Be otherwise injurious or tend to be, on the basis of current information, injurious to the public health or welfare; (3) Cause a nuisance; or (4) 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) Yelling, shouting, hooting, whistling or singing on the public streets or from private property at any time that annoys or disturbs the quiet comfort or repose of person or persons in the vicinity and that such noise is plainly audible at a distance of fifty (50) feet from the area, building, structure or vehicle from which such noise emanates. (b) The using or operating of or permitting to be played, used or operated, any sound reproductive device, including but not limited to any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants and in such a manner as to be plainly audible at a distance of fifty (50) feet from the area, building, structure or vehicle in which it is located. NO[SE-SENSITIVE ZONE- Any area designated pursuant to this chapter for the purpose of ensuring exceptional, quiet. OFF-ROAD RECREATIONAL VEHICLE -Any vehicle which is propelled by any power other than muscular power. 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. 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. REAL PROPERTY LiNE: (1) The imaginary line, including its vertical extension, that separates one parcel of real property from another; or (2) The vertical and horizontal boundaries ora dwelling unit that is one (1) in a multidwelling unit building. RESiDENTIAL AREA -A group of residential properties and the abutting public rights- of-way and pnblic spaces. RESiDENTIAL PROPERTY -Any property used for human habitation. SOUND -Any variation in ambient barometric pressure. SOUND REPRODUCTION DEVICE -Any device that is designed to be used or is actually used for the production or reproduction of sound, including but not limited to any musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public address system or any other sound- amplifying device. SOUND SIGNAL DEVICE -Any device that is designed to be used or is actually used to produce a sound signal, but not spoken language, including but not limited to any horn, whistle, bell, gong, siren, rattle, clapper, hammer, drum or air horn. SOUND SOURCE -Any activity or device whatever that produces sound. SOUND SOURCE SITE -Anyone (1) parcel of land or a tract of land consisting of two (2) or more parcels, which includes all contiguous land and water areas under the ownership or control of a person in or upon which one (1) or more sound sources are located. The "sound source site" includes all individual sound soumes that are located on such site, whether stationary, movable or mobile. A "sound source site" is created by the installation of one (1) or more sound sources thereon. UNREASONABLE NOISE -Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business, except the sound from agricultural operations. Standards to be considered in determining whether "unreasonable noise" exists in a given situation include, but are not limited to, the following: (1) The volume of the noise. (2) The intensity of the noise. (3) Whether the nature of the noise is usual or unusual. (4) Whether the origin of the noise is usual or unusual. (5) The volume and intensity of the background noise, if any. (6) The proximity of the noise to residential sleeping facilities. (7) The nature and zoning district of the areas within which the noise emanates. (8) The time of day or night the noise occurs. (9) The time duration of the noise. (10) Whether the sound source is temporary. (11) Whether the noise is continuous or impulsive. § __ _. Enforcement. A. The provisions of this chapter shall be enforced by noise control officers and/or police officers of the Town of Southold. B. The noise control officers shall have the power to: (1) Issue a summons or warning, pursuant to § ~-_, to immediately cease and desist the subject noise. (2) Coordinate the noise control activities of all municipal departments and cooperate with all other public bodies and agencies to the extent practicable. (3) Review the action of other municipal departments and advise such departments of the effect, if any, of such actions on noise control. (4) Review and inspect public projects and, upon consent by the owner or designated agent, review and inspect private projects for compliance with this chapter. C. The noise control officers shall not use this chapter in situations within the jurisdiction of the Federal Occupational Safety and Health Act. § __ _. Responsibilities of town departments and agencies. A. All departments and agencies of the Town of Southold shall, to the fullest extent consistent with other la,v, carry out their programs in such a manner as to further the policy of this chapter and shall cooperate with the noise control officer in the implementation and enforcement of this chapter. B. All departments charged with new projects or changes to existing projects that may result in the production of noise shall consult with the noise control officer prior to the approval of such projects to ensure that such activities comply with the provisions of this chapter. § __ _. Prohibited acts. No person shall make, continue or cause or suffer to be made or continued any unreasonable noise as defined in § __ _ hereof. In particular, without limitations of the foregoing provision of this section, the following enumerated acts are declared to be in violation of this section: A. Sound reproduction devices. (1) No person shall operate or cause to be operated a sound, reproduction device that produces unreasonable noise. The operation of any such device in such a manner as to create unreasonable noise across a real property boundary or the operation of such device by a passenger of a vehicle in such a way as to disturb any other person is prohibited. (2) No person shall operate, use or cause to be operated or used any sound reproduction device for commercial or business advertising purposes or for the purposes of attracting attention to any performance, show or sale or display of merchandise in connection with any commercial operation, including but not limited to the sale of radios, televisions, phonographs, tape recorders, phonograph records or tapes; in front or outside of any building, place or premises abutting or adjacent to a public street, park or place, where the sound them from may be heard upon any public street, park or place or from any stand, platform or other structure; or on a boat or on the waters within the jurisdiction of the Town of Southold; or anywhere on public streets, parks or places. Nothing in this subsection is intended to prohibit sounds emanating from sporting, entertainment or other public events held on property of the Town of Southold or School District so suited for such activities, provided that proper authorization from the Town of Southold has been obtained. (3) No person shall operate or use or cause to be operated or used any sound reproduction device in any public place in such a manner that the sound emanating therefrom creates unreasonable noise across a real property boundary. B. Shouting and peddling. (1) No person shall shout, yell, call, hoot, whistle or sing on public streets or in public places so as to cause unreasonable noise. (2) No person shall call for the purpose of advertising goods, services, wares or merchandise ~vithin any area zoned for residential use so as to cause unreasonable noise. The provisions of this section shall not apply to the sale of merchandise, food and beverages at Town of Southold authorized entertainment events such as parades, fairs and sporting events. C. Places of public entertainment. No person shall operate or permit to be operated a place of public entertainment, including but not limited to a restaurant, bar, cafe, discotheque or dance hall, in which the playing of any sound reproduction device or similar device creates an unreasonable sound level sustained for more than thirty (30) seconds at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating "sound levels within may cause permanent hearing impairment." D. Animals and birds. No person shall keep, permit or maintain .any animal, including a bird, under his control which frequently or for continued duration of fifteen (15) minutes makes sounds which create unreasonable noise across a residential real property boundary. E. Noise-sensitive zones. No person shall cause or permit the creation of any sound by means of any device or otherwise on any sidewalk, street or public place adjacent to any school, court, house of worship or public library while such facility is in use or adjacent to any hospital or nursing home at any time, so that such sound disrupts the normal activities conducted at such facilities or disturbs or annoys persons making use of such faci lilies. F. Loading and unloading. (1) No person shall engage in, cause or permit the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar object between the hours of 8:00 p.m. and 7:00 a.m. the following day in such a manner as to cause unreasonable noise across a residential real property boundary. (2) This provision shall not apply to the operation of any business as to which specific Town Code regulations set forth different times or covenants- were recorded prior to the enactment of this chapter by direction of any agency of the Town of Southold settling forth a limitation for conducting of the activities set forth in Subsection F(I) above during the hours other than those set forth in said subsection. In such case, the hours set forth in the covenant or Town Code regulations shall control. G. Horns and signaling devices. No person shall cause or permit to be caused the sounding of any horn or other auditory signaling device on or in any motor vehicle except to serve as a danger warning. H. Squealing tires. No person shall operate a vehicle in such a manner as to cause unnecessary noise by spinning or squealing the tires of such vehicle. I. Standing motor vehicles. (1) No person shall operate or permit to be operated the engine of any motor vehicle or any auxiliary equipment attached to such vehicle, for a period longer than ten (10) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on any private property or public right-of-way or public space so that the sound therefrom is audible within three hundred (300) feet of a residential property boundary between the hours of 8:00 p.m. and 7:00 a.m. the following day. (2) This subsection shall not apply to authorized emergency vehicles or to public utility vehicles actually engaged in any emergency repair activity. K. Street cleaning and/or parking lot sweeper equipment. No person shall engage in or permit to be operated any street sweepers, industrial vacuums or other like equipment between the hours of 8:00 p.m. and 7:00 a.m. The provisions of this subsection shall not apply to emergency work or municipal street cleaning. L. Construction. (1) No person shall operate or permit to be operated any construction device, including but not limited to construction and demolition work, excavating or earthmoving equipment: (a) Between the hours of 8:00 p.m. and 7:00 a.m. on weekdays or at any time on Sundays or legal holidays, such that the sound therefrom creates unreasonable noise across a residential real property boundary. (2) The provisions of this subsection shall not apply to emergency work. M. Commercial, business and industrial operation. (1) No person shall operate or permit to be operated on a sound source site a commercial business or industrial operation that produces an unreasonable sound level. (2) Continuous sound-in-air which has crossed the property line of such sound source site and enters property zoned for residential use or property within a noise-sensitive zone shall not produce an unreasonable sound level: (a) During the hours of 7:00 a.m. and 8:00 p.m.: (b) During the hours of 8:00 p.m. and 7:00 a.m. the following day: (c) The sound levels contained herein shall not apply to noise-sensitive zones when the facilities in such zones are not in use. (3) Continuous sound-in-air which has crossed the property line of a sound source site and enters property which is zoned for business or property where the public in general congregates, except property zoned for industrial use, shall not produce an unreasonable sound level. N. Noise mufflers. No person shall operate a motor vehicle which shall fail to contain a muffler or other sound-suppression equipment in operable condition which shall prevent said vehicle from causing unnecessary noise. § - . Exceptions. The provisions of this chapter shall not apply to: A. Agricultural operations. B. The emission of sound for the purpose of alerting persons to the existence of an emergency. C. The emission of sound in the performance of emergency work. D. The noise generated in agricultural production and operating, including but not limited to farm irrigation equipment, animal training or air cannons used to prevent animal damage. E Noise from the intermittent or occasional use of home- owner's light residential outdoor equipment, including but not limited to domestic power tools, lawn mowers and equipment, when operated with a muffler, between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays. F. Sound from church bells and church chimes when part of a religious observance or sen, ice. G. Noise from construction activity, except as provided in § - . H. Noise from snowblowers, snow throwers and snowplows, when operated with a muffler, for the purpose of snow removal. I. Noise from stationary emergency signaling devices owned and operated by any public utility, municipal subdivision, fire department or ambulance corps when used in connection with an emergency or for testing purposes, including but not limited to train switching. J. Noise from a burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within fifteen (15) minutes after it has been activated and shall not be operated more than fifteen (15) minutes in any one-hour period. K. Sound from chimes or bells from municipal buildings, including but not limited to fire district buildings. L. Noise from generators used for emergency purposes. M. Noise from licensed or permitted fireworks displays, outdoor concerts, musical entertainment, parades or assemblies § __-_. Variances. A. The Town Board of the Town of Southold shall have the authority, consistent with this section, to grant variances to this chapter. B. Any person seeking a variance pursuant to this section shall file an application with the Town Board. The application shall consist of a letter signed by the applicant and contain a legal form of veriftcation. Such letter shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. In addition, the following information shall be provided: (1) The plan, specifications and other information pertinent to such sources. (2) The characteristics of the sound emitted by the source, including but not limited to the sound levels, the presence of impulsive sounds and the hours during which such sound is generated. (3) The noise abatement and control methods used to restrict the emission of sound. C. The Town Board, upon receipt of such application and upon payment of any fee which shall be required by resolution of the To~vn Board, shall set the matter down for a public hearing to be held within thirty (30) days from the date the application was submitted. Thc Town Board shall cause publication of such public hearing to be given in the official newspaper of the town in the same manner as an application for a special permit is published. The applicant, in like manner, shall give notice of the application by certified mail, return receipt, to all property owners surrounding the sound source sire within a radius of two hundred (200) feet from the borders of said site- D. in determining whether to grant or deny the application, the Town Board shall balance the hardship to the applicant, the community and other persons against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on the property affected and any other adverse impacts deemed appropriate. E. The Town Board shall cause the taking of sound level readings by an agency to be designated by the Town Board in the event that there shall be any dispute as to the sound levels prevailing or to prevail at the sound source site. F. The Town Board shall have the power to impose restrictions, conditions and the recording of covenants upon any sound source site, including time limits of permitted activity, in the event that it shall grant any variance hereunder. § . Penalties for offenses. A. Any person who violates any provision of this chapter shall be guilty of a violation and shall be subject to a fine not to exceed two hundred fifty dollars ($250.) for each offense. B. Each day (twenty-four-hour period) of violation of any provision of this chapter shall constitute a separate offense. § __ _. issuance of warnings. A. Except as provided in Subsection B below, in lieu of issuing a summons, the noise control officer may issue a warning requiring abatement of any source of sound alleged to be in violation of this chapter. B. A warning shall not be issued when the noise control officer has reason to believe that there will not be compliance with the warning, when the alleged violator has been served with a previous warning or had previously been convicted for a violation of this chapter. § __ __. Construal of provisions. No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law. This Local law shall take effect immediately upon filing with the Secretary Of State as provided by law. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SO UTHOLD, JULY 17, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JULY 26, 2001, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney John Cushman, Comptroller Chief Cochran Edward Forrester, Code Enforcement Officer Michael Verity, Senior Building Inspector Code Committee Town Clerk's Bulletin Board ELIZABETH A. NEVILLE TOWN CLERK REGISTR~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 528 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 17, 2001: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 17th day of July, 2001, a Local Law entitled "A Local Law in Relation to Noise Control", 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 the Southold Town Hall, 53095 Main Road, Southold, New York on the 31st day of July, 2001 at 7:10 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in Relation to Noise Control", which reads as follows: LOCAL LAW NO. - 2001 A Local Law in relation to Noise Control. BE IT ENACTED by the Town Board of the Town of Southold, as follows: CHAPTER NOISE CONTROL § - . DEFiNITIONS As used in this chapter, the following terms shall have the meanings indicated: ABATEMENT -An official warning to remove, stop and/or cease that which causes an unreasonable noise. COMMERCIAL AREA -A group of commercial properties and the abutting public rights-of- way and public spaces. COMMERCIAL PROPERTY -Any property currently or hereinafter zoned for any classification of business or commercial zoning according fu the Zoning Map of the Town of Southold or any facility or property used for activities involving the furnishing or handling of goods or services, including but not limited to: (1) Commercial dining. (2) Community services. (3) Public services, (4) Other commercial activities. CONSTRUCTION- Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition, of buildings or structures. CONSTRUCTION DEVICE -Any power device or equipment designed and intended for use in construction, including but not limited to air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. DEMOLITION -Any dismantling, intentional destruction or removal of buildings or structures. EMERGENCY WORK Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone and sewer facilities and public transportation, removing fallen trees on public rights-of-way and abating life-threatening conditions. HOMEOWNER'S 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"homeowner's light residential outdoor equipment" are lawn mowers, garden tools, riding tractors, snowblowers, hedge clippers, etc. IMPULSIVE SOUND -A sound of short duration, usually less than one (1) second, and of high intensity with an abrupt onset and rapid delay. Examples of "impulsive sound" would be explosions, drop forge impacts, discharge of firearms, etc. INDUSTRIAL AREAS -Those areas zoned as such by the Code of the Town of $outhold. INDUSTRIAL PROPERTY -Any facility or property used for activities involving the production, fabrication, packaging, storage, warehousing, shipping or distribution of goods, including any property currently or hereinafter zoned for any MOTOR VEHICLE -Any vehicle which is propelled or drawn on land by an engine or motor. MULTIDWELLING BUILDiNG -Any building ~vherein there are two (2) or more dwelling units. NOISE -Any airborne sound of such level and duration as to be or tend to be injurious to human health or welfare or that would unreasonably interfere with the enjoyment of life or property. NOISE CONTROL OFFICER -Any employee of the Town of Southold trained in the measurement of sound and empowered to issue a summons for violations of this chapter. NOISE POLLUTION -The presence of that amount of acoustic energy for that amount of time necessary to: (1) Cause temporary or permanent heating loss in persons exposed; (2) Be otherwise injurious or tend to be, on the basis of current information, injurious to the public health or welfare; (3) Cause a nuisance; or (4) 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) Yelling, shouting, hooting, whistling or singing on the public streets or from private property at any time that annoys or disturbs the quiet comfort or repose of person or persons in the vicinity and that such noise is plainly audible at a distance of fifty (50) feet from the area, building, structure or vehicle from which such noise emanates. (b) The using or operating of or permitting to be played, used or operated, any sound reproductive device, including but not limited to any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants and in such a manner as to be plainly audible at a distance of fifty (50) feet from the area, building, structure or vehicle in which it is located. NOISE-SENSITIVE ZONE- Any area designated pursuant to this chapter for the purpose of ensuring exceptional, quiet. OFF-ROAD RECREATIONAL VEHICLE -Any vehicle which is propelled by any power other than muscular power. 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. 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. REAL PROPERTY LINE: (1) The imaginary line, including its vertical extension, that separates one parcel of real property from another; or (2) The vertical and horizontal boundaries of a dwelling unit that is one (1) in a multidwelling unit building. RESIDENTIAL AREA ~A group of residential properties and the abutting public rights-of-way and public spaces. RESIDENTIAL PROPERTY -Any property used for human habitation. SOUND -Any variation in ambient barometric pressure. SOUND REPRODUCTION DEVICE -Any device that is designed to be used or is actually used for the production or reproduction of sound, including but not limited to any musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public address system or any other sound- amplifying device. SOUND SIGNAL DEVICE -Any device that is designed to be used or is actually used to produce a sound signal, but not spoken language, including but not limited to any horn, whistle, bell, gong, siren, rattle, clapper, hammer, drum or air horn. SOUND SOURCE -Any activity or device whatever that produces sound. SOUND SOURCE SITE -Anyone (1) parcel of land or a tract of land consisting of two (2) or more parcels, which includes all contiguous land and water areas under the ownership or control of a person in or upon which one (i) or more sound sources are located. The "sound source site" includes all individual sound sources that are located on such site, whether stationary, movable or mobile. A "sound source site" is created by the installation of one (1) or more sound sources thereon. UNREASONABLE NOISE -Any excessive or unusually loud sound or any sound which either armoys, disturbs, injures or endangers the comfort, repose, health, peace or safety ora reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business, except the sound from agricultural operations. Standards to be considered in determining whether "unreasonable noise" exists in a given situation include, but are not limited to, the following: (1) The volume of the noise. (2) The intensity of the noise. (3) Whether the nature of the noise is usual or unusual. (4) Whether the origin of the noise is usual or unusual. (5) The volume and intensity of the background noise, if any. (6) The proximity of the noise to residential sleeping facilities. (7) The nature and zoning district of the areas within which the noise emanates. (8) The time of day or night the noise occurs. (9) The time duration of the noise. (10) Whether the sound source is temporary. (11) Whether the noise is continuous or impulsive. § - . Enforcement. A. The provisions of this chapter shall be enfomed by noise control officers and/or police officers of the Town of Southold. B. The noise control officers shall have the power to: (1) Issue a summons or warning, pursuant to § __ _, to immediately cease and desist the subject noise. (2) Coordinate the noise control activities of all municipal departments and cooperate with all other public bodies and agencies to the extent practicable. (3) Review the action of other municipal departments and advise such departments of the effect, if ;my, of such actions on noise control. (4) Review and inspect public projects and, upon consent by the owner or designated agent, review and inspect private projects for compliance with this chapter. C. The noise control officers shall not use this chapter in situations within the jurisdiction of the Federal Occupational Safety and Health Act. § - . Responsibilities of town departments and agencies. A. All departments and agencies of the Town of Southold shall, to the fullest extent consistent with other law, carry out their programs in such a manner as to further the policy of this chapter and shall cooperate with the noise control officer in the implementation and enforcement of this chapter. B. All departments charged with new projects or changes to existing projects that may result in the production of noise shall consult with the noise control officer prior to the approval of such projects to ensure that such activities comply with the provisions of this chapter. § - . Prohibited acts. No person shall make, continue or cause or suffer to be made or continued any unreasonable noise as defined in § __ _ hereof. In particular, without limitations of the foregoing provision of this section, the following enumerated acts are declared to be in violation of this section: A. Sound reproduction devices. (1) No person shall operate or cause to be operated a sound, reproduction device that produces unreasonable noise. The operation of any such device in such a manner as to create unreasonable noise across a real property boundary or the operation of such device by a passenger of a vehicle in such a way as to disturb any other person is prohibited. (2) No person shall operate, use or cause to be operated or used any sound reproduction device for commercial or business advertising purposes or for the purposes of attracting attention to any performance, show or sale or display of merchandise in connection with any commemial operation, including but not limited to the sale of radios, televisions, phonographs, tape recorders, phonograph records or tapes; in front or outside of any building, place or premises abutting or adjacent to a public street, park or place, where the sound there from may be heard upon any public street, park or place or from any stand, platform or other structure; or on a boat or on the waters within the jurisdiction of the Town of Southold; or anywhere on public streets, parks or places. Nothing in this subsection is intended to prohibit sounds emanating from sporting, entertainment or other public events held on property of the Town of Southold or School District so suited for such activities, provided that proper authorization from the Town of Southold has been obtained. (3) No person shall operate or use or cause to be operated or used any sound reproduction device ~n any public place in such a manner that the sound emanating therefrom creates unreasonable noise across a real property boundary. B. Shouting and peddling. (1) No person shall shout, yell, call, hoot, whistle or sing on public streets or in public places so as to cause unreasonable noise. (2) No person shall call for the purpose of advertising goods, services, wares or merchandise within any area zoned for residential use so as to cause unreasonable noise. The provisions of this section shall not apply to the sale of merchandise, food and beverages at Town of Southold authorized entertainment events such as parades, fairs and sporting events. C. Places of public entertainment. No person shall operate or permit to be operated a place of public entertainment, including but not limited to a restaurant, bar, cafe, discotheque or dance hall, in which the playing of any sound reproduction device or similar device creates an unreasonable sound level sustained for more than thirty (30) seconds at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating "sound levels within may cause permanent heating impairment." D. Animals and birds. No person shall keep, permit or maintain .any animal, including a bird, under his control which frequently or for continued duration of fifteen (15) minutes makes sounds which create unreasonable noise across a residential real property boundary. E. Noise-sensitive zones. No person shall cause or permit the creation of any sound by means of any device or otherwise on any sidewalk, street or public place adjacent to any school, court, house of worship or public library while such facility is in use or adjacent to any hospital or nursing home at any time, so that such sound disrupts the normal activities conducted at such facilities or disturbs or annoys persons making use of such facilities. F. Loading and unloading. (1) No person shall engage in, cause or permit the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar object between the hours of 8:00 p.m. and 7:00 a.m. the following day in such a manner as to cause unreasonable noise across a residential real property boundary. (2) This provision shall not apply to the operation of any business as to which specific To~vn Code regulations set forth different times or covenants- were recorded prior to the enactment of this chapter by direction of any agency of the Town of Southold settling forth a limitation for conducting of the activities set forth in Subsection F(I) above during the hours other than those set forth in said subsection. In such case, the hours set forth in the covenant or Town Code regulations shall control. G. Horns and signaling devices. No person shall cause or permit to be caused the sounding of any horn or other auditory signaling device on or in any motor vehicle except to serve as a danger warning. H. Squealing tires. No person shall operate a vehicle in such a manner as to cause unnecessary noise by spinning or squealing the tiros of such vehicle. I. Standing motor vehicles. (1) No person shall operate or permit to be operated the engine of any motor vehicle or any auxiliary equipment attached to such vehicle, for a period longer than ten (10) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on any private property or public right-of-way or public space so that the sound therefrom is audible within three hundred (300) feet of a residential property boundary between the hours of 8:00 p.m. and 7:00 a.m. the following day. (2) This subsection shall not apply to authorized emergency vehicles or to public utility vehicles actually engaged in any emergency repair activity. K. Street cleaning and/or parking lot sweeper equipment. No person shall engage in or permit to be operated any street sweepers, industrial vacuums or other like equipment between the hours of 8:00 p.m. and 7:00 a.m. The provisions of this subsection shall not apply to emergency work or municipal strect cleaning. L. Construction. (1) No person shall operate or permit to be operated any construction device, including but not limited to construction and demolition work, excavating or earthmoving equipment: (a) Between the hours of 8:00 p.m. and 7:00 a.m. on weekdays or at any time on Snndays or legal holidays, such that the sound therefrom creates unreasonable noise across a residential real property boundary. (2) The provisions of this subsection shall not apply to emergency work. M. Commercial, business and industrial operation. (1) No person shall operate or permit to be operated on a sound soume site a commercial business or industrial operation that produces an unreasonable sound level. (2) Continuous sound-in-air which has crossed the property line of such sound source site and enters property zoned for residential use or property within a noise-sensitive zone shall not produce an unreasonable sound level: (a) During the hours of 7:00 a.m. and 8:00 p.m.: (b) During the hours of 8:00 p.m. and 7:00 a.m. the following day: (c) The sound levels contained herein shall not apply to noise-sensitive zones when the facilities in such zones are not in use. (3) Continuous sound-in-air which has crossed the property line of a sound soume site and enters property which is zoned for business or property where the public in general congregates, except property zoned for industrial use, shall not produce an unreasonable sound level. N. Noise mufflers. No person shall operate a motor vehicle which shall fail to contain a muffler or other sound-suppression equipment in operable condition which shall prevent said vehicle from causing um~ecessary noise. § __ _. Exceptions. The provisions of this chapter shall not apply to: A. Agricultural operations. B. The emission of sound for the purpose of alerting persons to the existence of an emergency. C. The emission of sound in the performance of emergency work. D. The noise generated in agricultural production and operating, including but not limited to farm in'igation equipment, animal training or air cannons used to prevent animal damage. E Noise from the intermittent or occasional use of home- owner's light residential outdoor equipment, including but not limited to domestic power tools, lawn mowers and equipment, when operated with a muffler, between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays. F. Sound from church bells and church chimes when part of a religious observance or service. G. Noise from construction activity, except as provided in § - . H. Noise from snowblowers, sno~v throwers and snowplows, when operated with a muffler, for the purpose of snow removal. I. Noise from stationary emergency signaling devices owned and operated by any public utility, municipal subdivision, fire department or ambulance corps when used in connection with an emergency or for testing purposes, including but not limited to train switching. J. Noise from a burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within fifteen (15) minutes after it has been activated and shall not be operated more than fifteen (15) minutes in any one-hour period. K. Sound from chimes or bells from municipal buildings, including but not limited to fire district buildings. L. Noise from generators used for emergency purposes. M. Noise from licensed or permitted fireworks displays, outdoor concerts, musical entertainment, parades or assemblies § - .Variances. A. The Town Board of the Town of Southold shall have the authority, consistent with this section, to grant variances to this chapter. B. Any person seeking a variance pursuant to this section shall file an application with the Town Board. The application shall consist of a letter signed by the applicant and contain a legal form of verification. Such letter shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. In addition, the following information shall be provided: (1) The plan, specifications and other information pertinent to such sources. (2) The characteristics of the sound emitted by the source, including but not limited to the sound levels, the presence of impulsive sounds and the hours during which such sound is generated. (3) The noise abatement and control methods used to restrict the emission of sound. C. The Town Board, upon receipt of such application and upon payment of any fee which shall be required by resolution of the Town Board, shall set the matter down for a public heating to be held within thirty (30) days from the date the application was submitted. The Town Board shall cause publication of such public hearing to be given in the official newspaper of the town in the same manner as an application for a special permit is published. The applicant, in like manner, shall give notice of the application by certified mail, return receipt, to all property owners surrounding the sound soume sire within a radius of two hundred (200) feet from the borders of said site- D. In determining whether to grant or deny the application, the Town Board shall balance the hardship to the applicant, the community and other persons against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on the property affected and any other adverse impacts deemed appropriate. E. The To~vn Board shall cause the taking of sound level readings by an agency to be designated by the Town Board in the event that there shall be any dispute as to the sound levels prevailing or to prevail at the sound source site. F~ The Town Board shall have the power to impose restrictions, conditions and the recording of covenants upon any sound source site, including time limits of permitted activity, in the event that it shall grant any variance hereunder. § - . Penalties for offenses. A. Any person who violates any provision of this chapter shall be guilty of a violation and shall be subject to a fine not to exceed two hundred fifty dollars ($250.) for each offense. B. Each day (twenty-four-hour period) of violation of any provision of this chapter shall constitute a separate offense. § - . Issuance of warnings. A. Except as provided in Subsection B below, in lieu of issuing a summons, the noise control officer may issue a warning requiring abatement of any source of sound alleged to be in violation of this chapter. B. A warning shall not be issued when the noise control officer has reason to believe that there will not be compliance with the warning, when the alleged violator has been served with a previous warning or had previously been convicted for a violation of this chapter. § . Constmal of provisions. No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law. Elizabeth A. Neville Southold Town Clerk DRAFT CHAPTER NOISE CONTROL §__-_. DEFINITIONS As used in this chapter, the following terms shall have the meanings indicated: ABATEMENT -An official warning to remove, stop and/or cease that which causes an unreasonable noise. COMMERCIAL AREA -A group of commercial properties and the abutting public rights-of- way and public spaces. COMMERCIAL PROPERTY -Any property currently or hereinafter zoned for any classification of business or commercial zoning according fu the Zoning Map of the Town of Southold or any facility or property used for activities involving the furnishing or handling of goods or services, including but not limited to: (1) Commercial dining. (2) Community services. (3) Public services. (4) Other commercial activities. CONSTRUCTION- Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition, of buildings or structures. CONSTRUCTION DEVICE -Any power device or equipment designed and intended for use in construction, including but not limited to air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. DEMOLITION -Any dismantling, intentional destruction or removal of buildings or structures. EMERGENCY WORK - Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone and sewer facilities and public transportation, removing fallen trees on public rights-of-way and abating life-threatening conditions. HOMEOWNER'S 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 "homeowner's light residential outdoor equipment" are lawn mowers, garden tools, riding tractors, snowblowers, hedge clippers, etc. IMPULSIVE SOUND -A sound of short duration, usually less than one (1) second, and of high intensity with an abrupt onset and rapid delay. Examples of "impulsive sound" would be explosions, drop forge impacts, discharge of firearms, etc. iNDUSTRIAL AREAS -Those areas zoned as such by the Code of the Town of Southold. iNDUSTRIAL PROPERTY -Any facility or property used for activities involving the production, fabrication, packaging, storage, warehousing, shipping or distribution of goods, including any property currently or hereinafter zoned for any MOTOR VEHICLE -Any vehicle which is propelled or drawn on land by an engine or motor. MULTIDWELLING BUILDING -Any building wherein there are two (2) or more dwelling units. NOISE -Any airborne sound of such level and duration as to be or tend to be injurious to human health or welfare or that would unreasonably interfere with the enjoyment of life or property. NOISE CONTROL OFFICER -Any employee of the Town of Southold trained in the measurement of sound and empowered to issue a summons for violations of this chapter. NOISE POLLUTION -The presence of that amount of acoustic energy for that amount of time necessary to: (1) Cause temporary or permanent hearing loss in persons exposed; (2) Be otherwise injurious or tend to be, on the basis of current information, injurious to the public health or welfare; (3) Cause a nuisance; or (4) 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) Yelling, shouting, hooting, whistling or singing on the public streets or from private property at any time that annoys or disturbs the quiet comfort or repose of person or persons in the vicinity and that such noise is plainly audible at a distance of fifty (50) feet fi:om the area, building, structure or vehicle from which such noise emanates. (b) The using or operating of or permitting to be played, used or operated, any sound reproductive device, including but not limited to any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants and in such a manner as to be plainly audible at a distance of fifty (50) feet from the area, building, structure or vehicle in which it is located. NOISE-SENSITIVE ZONE- Any area designated pursuant to this chapter for the purpose of ensuring exceptional, quiet. OFF-ROAD RECREATIONAL VEHICLE -Any vehicle which is propelled by any power other than muscular power. 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. 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. REAL PROPERTY LINE: (1) The imaginary line, including its vertical extension, that separates one parcel of real property fi:om another; or (2) The vertical and horizontal boundaries of a dwelling unit that is one (1) in a multidwelling unit building. RESIDENTIAL AREA -A group of residential properties and the abutting public rights-of-way and public spaces. RESIDENTIAL PROPERTY -Any property used for human habitation. SOUND -Any variation in ambient barometric pressure. SOUND REPRODUCTION DEVICE -Any device that is designed to be used or is actually used for the production or reproduction of sound, including but not limited to any musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public address system or any other sound- amplifying device. SOUND SIGNAL DEVICE -Any device that is designed to be used or is actually used to produce a sound signal, but not spoken language, including but not limited to any horn, whistle, bell, gong, siren, rattle, clapper, hammer, drum or air horn. SOUND SOURCE -Any activity or device whatever that produces sound. SOUND SOURCE SITE -Anyone (1) parcel of land or a tract of land consisting of two (2) or more parcels, which includes all contiguous land and water areas under the ownership or control of a person in or upon which one (1) or more sound sources are located. The "sound source site" includes all individual sound sources that are located on such site, whether stationary, movable or mobile. A "sound source site" is created by the installation of one (1) or more sound sources thereon. UNREASONABLE NOISE -Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, heahh, peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business, except the sound from agricultural operations. Standards to be considered in determining whether "unreasonable noise" exists in a given situation include, but are not limited to, the following: (1) The volume of the noise. (2) The intensity of the noise. (3) Whether the nature of the noise is usual or unusual. (4) Whether the origin of the noise is usual or unusual. (5) The volume and intensity of the background noise, if any. (6) The proximity of the noise to residential sleeping facilities. (7) The nature and zoning district of the areas within which the noise emanates. (8) The time of day or night the noise occurs. (9) The time duration of the noise. (10) Whether the sound source is temporary. (11) Whether the noise is continuous or impulsive. § 81-2. Enforcement. A. The provisions of this chapter shall be enfomed by noise control officers and/or police officers of the Town of Sonthold. B. The noise control officers shall have the power to: (1) Issue a summons or warning, pursuant to § -~ to immediately cease and desist the subject noise. (2) Coordinate the noise control activities of all municipal departments and cooperate with all other public bodies and agencies to the extent practicable. (3) Review the action of other municipal departments and advise such departments of the effect, if any, of such actions on noise control. (4) Review and inspect public projects and, upon consent by the owner or designated agent, review and inspect private projects for compliance with this chapter. C. The noise control officers shall not use this chapter in situations within the jurisdiction of the Federal Occupational Safety and Health Act. § - . Responsibilities of town departments and agencies. A. All departments and agencies of the Town of Southold shall, to the fullest extent consistent with other law, carry out their programs in such a manner as to further the policy of this chapter and shall cooperate with the noise control officer in the implementation and enforcement of this chapter. B. All departments charged with new projects or changes to existing projects that may result in the production of noise shall consult with the noise control officer prior to the approval of such projects to ensure that such activities comply with the provisions of this chapter. § . Prohibited acts. No person shall make, continue or cause or suffer to be made or continued any unreasonable noise as defined in § __ _ hereof. In particular, without limitations of the foregoing provision of this section, the following enumerated acts are declared to be in violation of this section: A. Sound reproduction devices. (1) No person shall operate or cause to be operated a sound, reproduction device that produces unreasonable noise. The operation of any such device in such a manner as to create unreasonable noise across a real property boundary or the operation of such device by a passenger of a vehicle in such a way as to disturb any other person is prohibited. (2) No person shall operate, use or cause to be operated or used any sound reproduction device for commercial or business advertising purposes or for the purposes of attracting attention to any performance, show or sale or display of merchandise in connection with any commercial operation, including but not limited to the sale of radios, televisions, phonographs, tape recorders, phonograph records or tapes; in front or outside of any building, place or premises abutting or adjacent to a public street, park or place, where the sound there from may be heard upon any public street, park or place or from any stand, platform or other structure; or on a boat or on the waters within the jurisdiction of the Town of Southold; or anywhere on public streets, parks or places. Nothing in this subsection is intended to prohibit sounds emanating from sporting, entertainment or other public events held on property of the Town of Southold or School District so suited for such activities, provided that proper authorization from the Town of Southold has been obtained. (3) No person shall operate or use or cause to be operated or used any sound reproduction device in any public place in such a manner that the sound emanating therefrom creates unreasonable noise across a real property boundary. B. Shouting and peddling. (1) No person shall shout, yell, call, hoot, whistle or sing on public streets or in public places so as to cause tmreasonable noise. (2) No person shall call for the purpose of advertising goods, services, wares or merchandise within any area zoned for residential use so as to cause unreasonable noise. The provisions of this section shall not apply to the sale of merchandise, food and beverages at Town of Southold authorized entertainment events such as parades, fairs and sporting events. C. Places of public entertainment. No person shall operate or permit to be operated a place of public entertainment, including but not limited to a restaurant, bar, cafe, discotheque or dance hall, in which the playing of any sound reproduction device or similar device creates an unreasonable sound level sustained for more than thirty (30) seconds at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating "sound levels within may cause permanent hearing impairment." D. Animals and birds. No person shall keep, permit or maintain .any animal, including a bird, under his control which frequently or for continued duration of fifteen (15) minutes makes sounds which create unreasonable noise across a residential real property boundary. E. Noise-sensitive zones. No person shall cause or permit the creation of any sound by means of any device or otherwise on any sidewalk, street or public place adjacent to any school, court, house of worship or public library while such facility is in use or adjacent to any hospital or nursing home at any time, so that such sound disrupts the normal activities conducted at such facilities or disturbs or annoys persons making use of such facilities. F. Loading and unloading. (1) No person shall engage in, cause or permit the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar object between the hours of 8:00 p.m. and 7:00 a.m. the following day in such a manner as to cause unreasonable noise across a residential real property boundary. (2) This provision shall not apply to the operation of any business as to which specific Town Code regulations set forth different times or covenants~ were recorded prior to the enactment of this chapter by direction of any agency of the Town of Southold settling forth a limitation for conducting of the activities set forth in Subsection F(I) above during the hours other than those set forth in said subsection. In such case, the hours set forth in the covenant or Town Code regulations shall control. G. Horns and signaling devices. No person shall cause or permit to be caused the sounding of any horn or other auditory signaling device on or in any motor vehicle except to serve as a danger warning. H. Squealing tires. No person shall operate a vehicle in such a manner as to cause unnecessary noise by spinning or squealing the tires of such vehicle. I. Standing motor vehicles. (1) No person shall operate or permit to be operated the engine of any motor vehicle or any auxiliary equipment attached to such vehicle, for a period longer than ten (10) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on any private property or public right-of-way or public space so that the sound therefrom is audible within three hundred (300) feet of a residential property boundary between the hours of S:00 p.m. and 7:00 a.m. the following day. (2) This subsection shall not apply to authorized emergency vehicles or to public utility vehicles actually engaged in any emergency repair activity. K. Street cleaning and/or parking lot sweeper equipment. No person shall engage in or permit to be operated any street sweepers, industrial vacuums or other like equipment between the hours of 8:00 p.m. and 7:00 a.m. The provisions of this subsection shall not apply to emergency work or municipal street cleaning. L. Construction. (1) No person shall operate or permit to be operated any construction device, including but not limited to construction and demolition work, excavating or earthmoving equipment: · (a) Between the hours of S:00 p.m. and 7:00 a.m. on weekdays or at any time on Sundays or legal holidays, such that the sound therefrom creates unreasonable noise across a residential real property boundary. (2) The provisions of this subsection shall not apply to emergency work. M. Commercial, business and indnstrial operation. (1) No person shall operate or permit to be operated on a sound source site a commercial business or industrial operation that produces an unreasonable sound level. (2) Continuous sound-in-air which has crossed the property line of such sound source ske and enters property zoned for residential use or property within a noise-sensitive zone shall not produce an unreasonable sound level: (a) During the hours of 7:00 a. rn~ and 8:00 p.m.: (b) During the hours of 8:00 p.m. and 7:00 a.m. the following day: (c) The sound levels contained herein shall not apply to noise-sensitive zones when the facilities in such zones are not in use. (3) Continuous sound-in-air which has crossed the property line of a sound source site and enters property which is zoned for business or property where the public in general congregates, except property zoned for industrial use, shall not produce an unreasonable sound level. N. Noise mufflers. No person shall operate a motor vehicle which shall fail to contain a muffler or other sound-suppression equipment in operable condition which shall prevent said vehicle from causing unnecessary noise. § - . Exceptions. The provisions of this chapter shall not apply to: A. Agricultural operations. B. The emission of sound for the purpose of alerting persons to the existence of an emergency. C. The emission of sound in the performance of emergency work. D. The noise generated in agricultural production and operating, including but not limited to farm irrigation equipment, animal training or air cannons used to prevent animal damage. E Noise from the intermittent or occasional use of home- owner's light residential outdoor equipment, including but not limited to domestic power tools, lawn mowers and equipment, when operated with a muffler, between the hours of S:00 a.m. and 8:00 p,m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays. Sound from church bells and church chimes when part ora religious observance or service. Noise from construction activity, except as provided in § - . Noise from snowblowers, snow throwers and snowplows, when operated with a muffler, for the purpose of snow removal. I. Noise from stationary emergency signaling devices owned and operated by any public utility, municipal subdivision, fire department or ambulance corps when used in connection with an emergency or for testing purposes, including but not limited to train switching. J. Noise from a burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within fifteen (15) minutes after it has been activated and shall not be operated more than fifteen (15) minutes in any one-hour period. K. Sound from chimes or bells from municipal buildings, including but not limited to fire district buildings. L. Noise from generators used for emergency purposes. M. Noise from licensed or permitted fireworks displays, outdoor concerts, musical entertainment, parades or assemblies § ~-_. Variances. A. The Town Board of the Town of Southold shall have the authority, consistent with this section, to grant variances to this chapter. B. Any person seeking a variance pursuant to this section shall file an application with the Town Board. The application shall consist ora letter signed by the applicant and contain a legal form of verification. Such letter shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. In addition, the following information shall be provided: (1) The plan, specifications and other information pertinent to such sources. (2) The characteristics of the sound emitted by the source, including but not limited to the sound levels, the presence of impulsive sounds and the hours during which such sound is generated. (3) The noise abatement and control methods used to restrict the emission of sonnd. C. The Town Board, upon receipt of such application and upon payment of any fee which shall be required by resolution of the Town Board, shall set the matter down for a public hearing to be held within thirty (30) days fi:om the date the application was submitted. The Town Board shall cause publication of such public hearing to be given in the official newspaper of the town in the same manner as an application for a special permit is published. The applicant, in like manner, shall give notice of the application by certified mail, return receipt, to all property owners surrounding the sound source sire within a radius of two hundred (200) feet fi:om the borders of said site- D. In determining whether to grant or deny the application, the Town Board shall balance the hardship to the applicant, the community and other persons against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on the property affected and any other adverse impacts deemed appropriate. E. The Town Board shall cause the taking of sound level readings by an agency to be designated by the Town Board in the event that there shall be any dispute as to the sound levels prevailing or to prevail at the sound source site. F. The Town Board shall have the power to impose restrictions, conditions and the recording of covenants upon any sound source site, including time limits of permitted activity, in the event that it shall grant any variance hereunder. § - . Penalties for offenses. A. Any person who violates any provision of this chapter shall be guilty ora violation and shall be subject to a £me not to exceed two hundred fifty dollars ($250.) for each offense. B. Each day (twenty-four-hour period) of violation of any provision of this chapter shall constitute a separate offense. § __ _. Issuance of warnings. A. Except as provided in Subsection B below, in lieu of issuing a summons, the noise control officer may issue a warning requiring abatement of any source of sound alleged to be in violation of this chapter. B. A warning shall not be issued when the noise control officer has reason to believe that there will not be compliance with the warning, when the alleged violator has been served with a previous warning or had previously been convicted for a violation of this chapter. § . Construal of provisions. No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefxom, of any person for injury or damage arising from any violation of this chapter or from other law.