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HomeMy WebLinkAboutLL 2011 #08STATE OF NEW YORK DEPARTMENT OF STATE ANDREW M. CUOMO GOVERNOR CESAR A. PERALES SECREYARY OF STATE Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 July 26, 2011 RECEIVED AUG -1 Southold Town RE: Town of Southold, Local Law 7 & 8 2011, filed on July 25, 2011 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 ONE COMMERCE PLAZA, gg WASHINGTON AVENUE · ALaANY, NY12231-O001 * r (518)474-0050 WWW.DOS.$TATE.NY.US E-MAIL: INFO.DOS.STATE.NY.US MARTIN D. FINNEGAN TOWN ATTORNEY mar tin.finnegan @town.sour hold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY ]ori.hulse(Wtown.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OFTHETOWNATTORNEY TOWN OFSOUTHOLD MEMORANDUM R~rCEIVED To: Ms. Elizabeth A. Neville, Town Clerk JUL 2 7 From: Lynne Krauza Secretary to the Town Attorney $out,%l~l Towa ¢lert July 26, 2011 LL/Noise Ordinance - SEQRA Date: Subject: For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Scott to sign same. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART ] - PROJECT iNFORMATION (To be completed by A~plicant or Project Sponsor) 1. APPLICANT/SPONSOR 12. PROJECT NAME Town of Southold Town Board /A Local Law in relation to Prevention and Control of Noise 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". 7. AMOUNT OF LAND AFFECTED: ~nitially N'~ acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: All 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes I I No if Yes. list agency(s) name and permit/approvals: Approval from the New York State Department of State 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r-[Yes []No If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER t t P~,RT II - IMPACT ASSESSMENT (To be completed by Lead A~enc¥) A. DOES ACT]ON EXCEED ANY TYPE I THRESHOLD JN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~Yes ~']No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. [~Yes [~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife specJes, significant habitats, or threatened or endangered species? Explain briefly: Nonc C4. A community's existing plans or goals as officially adopted, or a change in use o¢ intensity of uss of land or other natural resources? Explain bdefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1 -C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENV RONMENTAL AREA (CEA)? [] Yes [] No If Yes. explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant, Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts whic~ MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box ifyou have determined, based on the information and analysis above and any supporting documentation, that the proposed action WlL!. NOT result in any significant adverse environmental impacts AND provide, on attachments as necessaPj, the reasons supporting this determination Town of Southold Town Board .A/. Name of Lead Agency Scou Russell ~ Print or ~~Agency g,i~a'ture of Responsible Officer in Lead Agency June 30, 2011 Date Supervisor Title of Responsible Officer Signature of E ~fro~cerO  ~'ler (If different RESOLUTION 2011-499 ADOPTED DOC ID: 6979 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-499 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 5, 2011: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such action to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell RESOLUTION 2011-539 ADOPTED DOC ID: 6971 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-539 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19, 2011: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold', and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, NOW THEREFOR BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" reads as follows: LOCAL LAW NO. 8 of 2011 A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southoid". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: §200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law of Southold Town." §200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a respite from the noise and turmoil which has become an integral part of life in the city and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, safety, welfare and prosperity of the Town of Southold and its inhabitants. Resolution 2011-539 Board Meeting of July 19, 2011 {}200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regulations intended to govern noise pollution within the entire Town. §200-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND - Sound which has its volume increased by electronic means. CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity or non-profit organization. COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc. CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network. DECIBEL ("dB") - The unit for measuring the volume ora sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: 1. Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. 2. The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, Updated: 7/19/2011 6:14 PM by Elizabeth A. Neville Page 2 Resolution 2011-539 Board Meeting of July 19, 2011 bureau or agency or any other entity recognized by law as the subject of rights and duties SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 200-5. General prohibition. No person or persons owning leasing or controlling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in {}200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times. § 200-6. Standards. No person shall create or cause to be emitted any noise pollution which when measured on a sound-level meter from the property line of a complaining property owner exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airbome or amplified sound in excess of 50 dBA. B. Friday and Saturday: (i) from 7:00 a.m. to 11:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 11:00 p.m. to 7:00 a.m. airbome or amplified sound in excess of 50 dBA. § 200-7. Exceptions. The provisions of {}200-5 and {}200-6 shall not apply to the following: 1. The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. 2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. 3. Noise from agricultural equipment. 4. Noise from church bells or chimes used. 5. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. 6. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities. 7. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. 8. Noise from municipally sponsored celebrations or events. 9. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. 10. Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. Updated: 7/19/2011 6:14 PM by Elizabeth A. Neville Page 3 Resolution 2011-539 Board Meeting of July 19, 2011 11. Emergency construction or repair work. 12. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. 13. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter. 14. Emergency stationary and mobile signal devices. 15. Audible exterior burglar alarms in operation for 15 minutes or less. § 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 200- 9. Penalties for offenses. A. Any person who shall violate any provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. B. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 7/19/2011 6:14 PM by Elizabeth A. Neville Page 4 EM 591171010 US TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY t1971-09~9 EXP-''''/~_,t:~ Customer COpy UNITED STIJTES POST/~L SERVICE® Po~t OfficeTo Addressee , MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Ms. Sandi Berliner From: Lynne Krauza JUL 2 2 2011 Secretary to the Town Attorney S0ut~.0id T0,~n July 21, 2011 LL/Noise Ordinance. SEQRA Date: Subject: I am enclosing an original Shod Environmental Assessment Form in connection with the referenced matter. A copy of the resolution authorizing Scott to sign this document is also enclosed. In this regard, kindly have Scott sign this form in both places where indicated and return to me for processing. Thank you for your attention. If you have any questions, please do not hesitate to call me. /Ik Enclosure j cc: Ms. Elizabeth A. Neville, Town Clerk (w/encl.) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Project sponsor) 1. APPLICANT/SPONSOR I!. PROJECT NAME Town of Southold Town Board lA Local Law in relation to Prevention and Control of Noise 3, PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc,, or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSEDACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". 7. AMOUNT OF LAND AFFECTED: Initially INA acres Ultimately NA acres 8. W/LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~l Yes [] No If No, describe briefly 9, VVHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: [] Agriculture [] Pan~/Forest/Open Space [] Other 10. DOES ACTION NVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL, STATE or LOCAL)? L~ Yes L~ No If Yes, list agency(s) name and permiEapprovals: Approval from thc New York State Department of State 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~l Yes [] No If Yes, list agency(s) name and permit/approvals: NA 12, AS A RESULT Of PROPOSED ACTION W1LL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? [~Yes J~'] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE JS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: ~rJ/t O~{~ ~ ~/~:} ~'~/ Date: Jtme 30, 2011 Signature: If the action is in the Coastal Ama, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative decJaration may be superseded by another involved agency. [~] Yes r~'] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOVVING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain beefiy: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4, A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1 -C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. W1LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~r~ No If Yes, explain bdefiy: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identir~d and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluata the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have k:lentifled one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Check this boxif you have determined, based on the information and analysis above and any supporting documentation, that the proposed action W1Li NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board ~. Name of Lead Agency Scott Russell Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency June 30, 2011 Date Supervisor Title of Responsible Officer Signature of P. om responsib~..~cer)  rer (If different ~T ceO RESOLUTION 2011-499 ADOPTED DOC ID: 6979 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-499 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 5, 2011: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold' is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such action to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Rudder, Lynda From: Sent: To: Subject: ezsupp [ezsupp@generalcode.com] Thursday, July 21, 2011 2:23 PM Rudder, Lynda RE: LL#7&8 Thank you for your e-mail. If you are sending legislation for your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e- mail your Account Representative. General Code 1-800-836-8834 ezsupp@generalcode.com ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF 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 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD M591171010US July 21,2011 Express Mail Local Law No. 7 & 8 of 2011 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 7 & 8 of 2011 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. [] County [] City [] Town of r~ Village SOUTHOLD Local Law No. 8 of the year 2011. A Local Law entitled, A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold Be it enacted the Town Board of the: [] County rn City [] Town of [] Village SOUTHOLD I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: §200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law of Southold Town." §200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a respite from the noise and turmoil which has become an integral part of life in the city and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, safety, welfare and prosperity of the Town of Southold and its inhabitants. §200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regulations intended to govern noise pollution within the entire Town. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) §200-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND - Sound which has its volume increased by electronic means. CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity or non-profit organization. COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc. CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound- level meters, properly calibrated and operated on the A-weighing network. DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: 1. Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. 2. The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 200-5. General prohibition. No person or persons owning leasing or controlling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in §200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airbome sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times. § 200-6. Standards. No person shall create or cause to be emitted any noise pollution which when measured on a sound-level meter from the property line of a complaining property owner exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. B. Friday and Saturday: (i) from 7:00 a.m. to 11:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 11:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. § 200-7. Exceptions. The provisions of §200-5 and §200-6 shall not apply to the following: 1. The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. 2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. Noise from agricultural equipment. Noise from church bells or chimes used. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. Noise from municipally sponsored celebrations or events. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. Emergency construction or repair work. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter. Emergency stationary and mobile signal devices. Audible exterior burglar alarms in operation for 15 minutes or less. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. § 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 200- 9. Penalties for offenses. A. Any person who shall violate any provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. B. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, thc judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto, designated as local law No. 8 of 20 11 . of the ~Town) (.ad4~) of. SOUTHOLD was duly passed by the TOWN BOARD on July 19 ,20 11 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __. and was (approved)(not approvedXre-passed after disapproval) by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approvedXnot approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __., became operative. 6. (County local law concerning adoption of Charter.) 1 hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk oft e~ounty l~gislative body. City. Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: July 20, 2011 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the ~d that all proper proceedings have been had or taken for the enactment of the local law annexed hereto~~_~ ~. Signature ~ Martin D. Finnegan, Town Attorney Jennifer Andaloro, Esq., Assistant Town Attorney Title Town of SOUTHOLD Date: July 20, 2011 Neville, Elizabeth RECEI¥£D From: Sent: .To: JUL 1 1 2011 ,.Subje~M~:~t h ol,'t Tow~ Neville, Elizabeth Monday, July 11, 2011 11:59 AM Russell, Scott; Orlando, Vincent; Talbot, Christopher; William Ruland; 'Al Krupski'; 'lpevans@fishersisland.net' Finnegan, Martin RE: Proposed $outhold Town Noise Ordinance - PLEASE ACKNOWLEDGE RECEIPT Receipt Acknowledged Elizabeth A. Neville, MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064 Monday, July 11, 2011 11:56 AlVl To: Orlando, Vincent; Talbot, Christopher; William Ruland; 'Al Krupski'; 'lpevans@fishersisland.net' Cc: Finnegan, Martin; Neville, Elizabeth Subject: FW: Proposed Southold Town Noise Ordinance - PLEASE ACKNOWLEDGE RECEIPT From: Andy Semons [mailto:asemons@optonline.net] Sent: Monday, July 11, 2011 9:41 AM To: Russell, Scott Subject: Proposed Southold Town Noise Ordinance - PLEASE ACKNOWLEDGE RECEIPT July 11, 2011 Mr. Russell: As a Southold Town Resident I applaud the Town for attempting to curtail noise via the proposed Noise Ordinance and I endorse all efforts that allow Southolders to further appreciate the beauty and the serenity of our surroundings. However, I am deeply dismayed that the proposed ordinance makes no effort to bring the type of noise that is made during construction, specifically noise from backhoes, bulldozers, trucks, cement mixers, and other "non-residential" equipment under similar restrictions. While most contractors will work responsibly with the community, some do not. In my neighborhood, we've been subjected to noise from construction on one project alone for over three years where backhoes and other earth-moving equipment have operated from nearly sunup to sundown because they can. Few of us during this time have had the benefit of a peaceful Sunday or a Saturday dinner without the constant grinding, beeping, and groaning of equipment drowning out conversations around our own tables. The noise from this equipment is as loud if not louder than that generated from a live band or a restaurant. And worst of all, it's not just a summer occurrence. I would greatly appreciate the Town taking my comments and our community's greater needs into · consideration and placing reasonable restrictions on noise generated by construction in the proposed Noise Ordinance. Specifically, this could be done by limiting the hours during which heavy duty ~equipment could be used and subjecting other construction activities to some sort of noise level restriction during weekend and evening hours. Thank you for your attention in this matter, Andy Semons 1580 Hobart Road Southold, NY 11971 (631) 765-8182 RESOLUTION 2011-499 ADOPTED DOC ID: 6979 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-499 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 5, 2011: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such action to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell RESOLUTION 2011-501 WITHDRAWN DOC ID: 6971 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-501 WAS WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 5, 2011: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold", and WHEREAS the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, NOW THEREFOR BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" reads as follows: LOCAL LAW NO. 8 of 2011 A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: {}200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law of Southold Town." §200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a respite from the noise and turmoil which has become an integral part of life in the city and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, safety, welfare and prosperity of the Town of Southold and its inhabitants. Resolution 2011-501 Board Meeting of July 5,2011 {}200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regulations intended to govern noise pollution within the entire Town. §200-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND - Sound which has its volume increased by electronic means. CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity or non-profit organization. COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc. CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network. DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: 1. Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. 2. The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, Updated: 7/5/2011 3:11 PM by Lynda Rudder Page 2 Resolution 2011-501 Board Meeting of July 5,2011 bureau or agency or any other entity recognized by law as the subject of rights and duties SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 200-5. General prohibition. No person or persons owning leasing or controlling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in §200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times. § 200-6. Standards. No person shall create or cause to be emitted any noise pollution which when measured on a sound-level meter at or beyond the property line closest to where the noise is generated or from the property line of a complaining property owner exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 7;.00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. B. Friday and Saturday: (i) from 7:00 a.m. to 11:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 11:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. § 200-7. Exceptions. The provisions of {}200-5 and §200-6 shall not apply to the following: 1. The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. 2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. Noise from agricultural equipment. Noise from church bells or chimes used. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. Noise from municipally sponsored celebrations or events. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. 10. Noncommercial public speaking or public assembly activities conducted on any 4. 5. 6. 7. 8. 9. Updated: 7/5/2011 3:11 PM by Lynda Rudder Page 3 Resolution 2011-501 public space or public right-of-way. 11. 12. Board Meeting of July 5, 2011 Emergency construction or repair work. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. 13. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter. 14. Emergency stationary and mobile signal devices. 15. Audible exterior burglar alarms in operation for 15 minutes or less. § 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 200- 9. Penalties for offenses. A. Any person who shall violate any provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. B. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. RESULT: NO ACTION Elizabeth A. Neville Southold Town Clerk Updated: 7/5/2011 3:11 PM by Lynda Rudder Page 4 SOUTHOLD TOWN BOARD PUBLIC HEAR~G July 5,2011 7:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:13 PM COUNCILMAN TALBOT: WIiEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". 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 5th day of July 2011 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: §200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law of Southold Town." Prevention and Control of Noise Pollution Public Hearing July 5, 2011 2 §200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a respite from the noise and turmoil which has become an integral part of life in the city and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, safety, welfare and prosperity of the Town of Southold and its inhabitants. §200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regulations intended to govern noise pollution within the entire Town. §200-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND - Sound which has its volume increased by electronic means. CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity or non-profit organization. COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc. CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A- weighing network. Prevention and Control of Noise Pollution Public Hearing July 5, 2011 3 DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine- powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON - An individual, association, finn, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 200-5. General prohibition. No person or persons owning leasing or controlling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in §200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times. Prevention and Control of Noise Pollution Public Heating July 5,2011 4 § 200-6. Standards. No person shall create or cause to be emitted any noise pollution which when measured on a sound-level meter at or beyond the property line closest to where the noise is generated or from the property line of a complaining property owner exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. B. Friday and Saturday: (i) fi.om 7:00 a.m. to 11:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 11:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. § 200-7. Exceptions. A. The provisions of §200-5 and §200-6 shall not apply to the following: 1. The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. 2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. 3.Noise fi.om agricultural equipment. 4.Noise from church bells or chimes used. 5. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. 6. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities. 7. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. 8.Noise from municipally sponsored celebrations or events. 9. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. 10. Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. 11.Emergency construction or repair work. 12. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. 13. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter. 14.Emergency stationary and mobile signal devices. 15.Audible exterior burglar alarms in operation for 15 minutes or less. § 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Prevention and Control of Noise Pollution Public Hearing July 5, 2011 5 Code Enforcement. § 200- 9. Penalties for offenses. A. Any person who shall violate any provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction ora subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter. Il. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IlL EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted on the Town Clerk's bulletin board on June 7, 2011. Notice that it was posted on posted in the Suffolk Times on June 23,2011. A letter from Martin Sidor, chairman of the Planning Board, "Thank you for the opportunity to provide comments on the proposed local law referenced above. The Planning Board has reviewed the proposed legislation and has one proposed change as follow: section 200-7 A. 1 'of homeowner's light residential outdoor equipment with mufflers or commercial service equipment with mufflers' Absent this addition, it would seem that commercial service equipment could be operated without mufflers while homeowners equipment must have mufflers. To be fair and consistent with the purpose of this chapter, both should be required to have mufflers." I have letter from Andrew Freleng, the chief planner, "Pursuant to the requirements of sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant countywide or intercommunity impacts. A decision of local determination should not be considered as either an approval or disapproval." And from the LWRP coordinator Mark Terry, "The proposed local law has been reviewed to chapter 268, waterfront consistency review of the Town of Southold town code and the local waterfront revitalization program (LWRP) standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." We have the short environmental assessment form Prevention and Control of Noise Pollution Public Hearing 6 July 5, 2011 and that is it. Did everybody get copies of the... SUPERVISOR RUSSELL: I actually have copies here. This is a tabulation of decibel readings on usual typical noise that you might see. If people want to have a copy to get a perspective of what this law tries to address, it gives you the decibel readings and I made a bunch of extra copies. The one thing that I will note on this is that interestingly, there is one here that says personal cassette player on high, I would like anybody here under the age of 30 to tell me what that means. Also, I do want to say that I have gotten a substantial number of emails in support of this legislation. For all of you who have been contacting me, they have been coming in over last night and today, I am printing them all out, I will make them available to the entire Town Board. I just haven't had time to respond to each and every one of you because it has been an overwhelming email drive. So they are getting copied and each Board member will get a cc of that. Would anybody like to start the discussion? MICHAEL SIMON: I am Michael Simon, I live in New Suffolk. I want to speak to the compelling need to have the legislation because of the consequences which many people are not aware of, our not having such an ordinance. And I have, I will tell you a little bit about a legal case that I was involved in and I was quite appalled. This was in 2003 or 2004 and I was quite surprised to learn, maybe I should have known better, that this is the only town in Suffolk County that does not have a noise ordinance. And I came to realize the consequences of this, namely because of the absence a client of mine, a 73 year old woman went to jail in Riverhead because a neighbor had a recording in the bushes that picked up her car radio while she had gone into the house and it was wintertime, the windows were closed but there was a broken window with paper over it and at the trial she insisted on a jury trial, it was presented video tape of the neighbor hiding in the bushes there right on the boundary of the driveway and recording this and presenting this to the jury and under the interpretations of the judge, that was a violation of a court order that made her in violation. And she was sentenced to 90 days in jail in Riverhead. Now, the level of sound that is producing this is way, way below. I mean, the law is by some people's view is perhaps too generous. Whether it is too generous or not is not my issue but the absence of this law allowed a garbage lawsuit to lead to prison time and this could only have happened in the Town of Southold. And I, this was 7 or 8 years ago, and I was reminded of it when we started having the hearings of this. I did some exploration about what kinds of noise ordinances there were and anyone of them would have made this situation impossible. It grew out of a neighbor dispute between two neighbors who were living a few feet away from each other but a noise ordinance would have just simply made it impossible to bring such a case. So, I am not going to address the content of the law, the decibels and so forth but any, even the most generous noise ordinance would have made such action impossible. Thank you. SUPERVISOR RUSSELL: Thank you. Ray? RAY HUNTINGTON: Ray Huntington, Fleets Neck Association. We have two concerns, the first of which is, I note in the legislation that everything is based upon the amplitude of the sound. I see no reference to the frequency. Sound has all sorts of Prevention and Control of Noise Pollution Public Hearing July 5,2011 7 different measurements beyond amplitude. And yet you have got to keep it simple enough to make it work. So, I am particularly concerned about low frequency sound. I don't really have the proper perspective to make this statement but older folks are very sensitive to low frequency noise. When I was 20, nothing, the world could fall apart and I wouldn't know about it but after the kids came and so on, you get sensitive to certain noises and a thump in the night is an alarm bell. There are studies that document this but the idea that I am trying to get to is simply that it is more than just amplitude. And it is very important for enforcement to have the necessary ability to measure low frequency sounds, particularly below 240 hertz. I would call attention to 60 hertz as a matter of fact, that is around the worst area. So I wonder in your development of this particular legislation, is it, has that been considered? Has the frequency been considered and maybe the argument is, if we get the amplitude under control, we don't have to worry about the frequency. SUPERVISOR RUSSELL: No, actually that is a good point. One of the concerns we had was noise levels that maybe didn't reach the decibel limits established by this law but because they are so ongoing and repetitive that they serve in their own way, an incredible nuisance and erosion of quality of life. But I have to be candid, we had no noise control before and our first goal is to get a noise code. We just recently had the vendor come to the Town Board meeting to get legislation on the books that we know we can start enforcing immediately. It by no means pretends to be the solution to all noise issues and that will have to address, you know, we are going to have to tend to this legislation just like anything else we pass. MR. HUNTINGTON: It is important though, that we are going to invest in equipment to measure the noise that it be suitable to the low frequencies, is what I want to call to your attention. The second question or second concern that we have is how does this legislation relate to helicopter noise? SUPERVISOR RUSSELL: Unfortunately, it has no bearing on the helicopter noise. The FAA has made it clear to us that we are preempted from legislating any type of activity with reference to helicopters because the FAA says it has the authority to. Although, it is the same FAA that has historically told us that they refuse to do anything about it, now, of course, legislation has been pending in Washington that would require the FAA adopt standard noise mitigation standards. We have a man from Southold named Joe Fischetti who has been working tirelessly for us, trying to negotiate these noise mitigation standards. We have a bit of a chasm now between the north fork and the south fork on what those standards should be but it is an ongoing battle, there is no doubt about it. MR. HUNTINGTON: So if the helicopter came over and exceeded the limits and the legislation, you feel you cannot do anything about it? SUPERVISOR RUSSELL: No. Preemption under federal law. MR. HUNTINGTON: Well, that is very interesting. I don't have the background to pursue that unfortunately but it does seem that if it is going to be enforced against us, it Prevention and Control of Noise Pollution Public Hearing 8 July 5, 2011 should be enforced against the helicopter as well. SUPERVISOR RUSSELL: I would agree. RUTHANN BRAMSON: Mr. Supervisor, members of the Town Board, I am Ruthann Bramson from East Marion and this is not the first time that I have stood in front of you on the issue of a noise ordinance. Five years ago, residents of East Marion formed the East Marion community association and one of the big issues around which the community organized was a business which was a violator and had caused tremendous discomfort for neighbors issues of noise. And the community had lost hope of being able to be heard without a number of citizens coming together in an organized way. And so the organization was formed. There are many people here who have been dealing with this issue for 10 years. What we did in the East Marion community association was to study the issue of noise ordinances, we collected every noise ordinance of every town on Long Island and we were the folks who pointed out that Southold was the only town on not just Suffolk County but Long Island, without a noise ordinance. And our members studied those ordinances and the issue and reached a community consensus, that is 500 plus community members in East Marion. We have had at least half a dozen meetings with you, Mr. Supervisor, we have participated in countless committee meetings, code committee meetings and others. We have met with the Town Attorney, we have shared the noise ordinances that we collected with him. We participated actively in the town wide meeting that was held a year ago at the recreation building and we have spoken out at countless Town Board meetings. Our concern is with the impact that amplified noise has on the tranquil quality of life that we all value here in Southold. The ordinance that you have presented to us today isn't perfect, it doesn't include everything that we wish it included but we think it is a good start and so we appreciate the fact that the issue has now come to the public hearing stage and we strongly urge all of the Town Board members to support its passage. Thank you. COUNCILMAN KRUPSKI: Thank you. COUNCILMAN ORLANDO: Thank you. ANN HOPKINS: Ann Hopkins from Orient and I just want to second everything Ruthann Bramson says. We are lucky in Orient that we have not had the same problems they had and my feeling tonight is there maybe definitely be some points that will need tinkering with but I just hope that tonight anyone with small reservations can hold back because I would just like to see this law passed and go into effect immediately. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. You know, we are having this because of reaction to, obviously different problems throughout the community, so if someone, it is not just East Marion, I am sure there are other areas that have had noise problems with different neighbors, so if you have any specific suggestions that is what we really would Prevention and Control of Noise Pollution Public Hearing 9 July 5, 2011 like to hear. JOYCE STEVENS: Good evening everyone. Joyce Stevens from Cutchogue, Oregon View Estates specifically. Yes, with the helicopters, you can do something. I think Chuck Schumer knew we didn't have a noise ordinance and that is why he sent them over our heads, okay? You can go on your computer and type in planenoise.com and write down every time you hear a helicopter and they do listen. I got a phone call back, they are very, very good. So anybody who has a complaint, you just keep track, write down what time it is, if you can see what direction, if you can tell if it is vibrating, if it is going east or west, whatever you can do. It is a very simple form. You plug it in and then you can even back space it and do it again and again, if you only have limited time, I am not going to sit on my computer all day and do this but there is something that you can do and that is a good thing. Point two, I live in Oregon View Estates right across the street from the vineyard 48, alright? They are having a super dance party this weekend, they have super dance parties every single weekend. I am diagonally across over a mile away and I can hear every beat, I can hear every word. You can't, I can't sit on my deck and the whole neighborhood feels the same way, I am here as a representative for the neighborhood. Will this include them? SUPERVISOR RUSSELL: Yes, yes it will. MS. STEVENS: Okay, because we had gone to them and complained, time and again and they just laugh at me. SUPERVISOR RUSSELL: We actually have, I know their most immediate neighbor is sitting right in the audience tonight. He has done an excellent job at bringing those issues to out attention. One of the things that was asked for by the Agricultural Advisory Commission of the town was that we exempt all agricultural operations. We didn't... MS. STEVENS: Thanks. SUPERVISOR RUSSELL: We exclude ag operations as traditionally defined. The noise of the tractors, the noise of the irrigation, you know those things that are tied to the production of the crop. Those additional items, the bands, the weddings, the live music, they all fall under the aegis of this legislation just like the Blue Dolphin or any other operator. MS. STEVENS: Thank you, I appreciate it. Thanks for your help. DAVID EVANS: Supervisor Russell, members of the Town Board, my name is David Evans and I am fi.om Peconic. I do commend you for taking this issue and looking at it very carefully and seriously. I have only one suggestion and I am reading fi.om E, it concerns interferes with the comfortable enjoyment of life and property etc and then point 1 underneath, yelling or shouting that disturbs the quiet. What is disturbing my family and I very frequently on weekends is the uncontrolled yelping and howling of a dog. And if it is possible to include that, I would be very grateful. Prevention and Control of Noise Pollution Public Heating 10 July 5,2011 SUPERVISOR RUSSELL: Ironically, that is the one noise code that we already have. The town code already has limits on barking, yelping dogs. I don't know if you filed a complaint with anyone .... MR. EVANS: No, I haven't. SUPERVISOR RUSSELL: But that is something we can address before we pass this. That was the one noise code we have in this town, barking dogs. MR. EVANS: Thank you very much. I stand corrected. MARYANN LIBERTORE: Hi, I am Maryann Libertore, I am the vice-president of the Orient Association. At our monthly board meeting this afternoon, one of our lawyers posed a couple of points that I thought were interesting. One is, what are the applications to marine you know, wharfs, marinas, yacht clubs? The particular situation that was cited this afternoon was a fishing boat that arrives close to a certain marine facility and starts up its motors and goes out regularly at 4:00 AM. So I, you know, I agree with Ruthann and I agree with Ann Hopkins, I think this is a great start but I don't think it contemplates all applications. So we might have to revisit this. SUPERVISOR RUSSELL: There is no doubt. People should remember that this is actually, we already actually once had a public heating on a noise code but we did take the public input seriously and this draft we have tonight was trying to include all of that. the nuances to a noise code. And with an understanding that whatever we pass, it has to be enforceable, otherwise it is a waste of time, so that is where we got to tonight. But without a doubt, there are going to be circumstances that need to be added to the equation as we go forward. MS. LIBERTORE: Thank you. MARIA (?): Maria from East Marion. I am with the East Mar/on Association and I live diagonal from the Blue Dolphin and so that is what I am addressing tonight. And we have been there, well, this problem has been going on for 10 years and before my son was bom actually. And it has totally changed our quality of life, we have to keep the windows closed if you want to watch TV, you can't hear it. You have to close all the windows, I can't use my porch. Company over, nobody can sleep, he couldn't sleep when he was a baby. It is just unbelievable and we have tried to work on the good neighbor thing, that didn't work. It actually escalated it worse and so I am wondering how is this going to be enforced? SUPERVISOR RUSSELL: With noise meters. MARIA: Inaudible. SUPERVISOR RUSSELL: These standards are going to be applied, there is going to be Prevention and Control of Noise Pollution Public Hearing July 5,2011 11 a separate scientific and empirical basis for enforcing of this issue. It is not a subjective or a judgment call on the part of the police officer. It is a noise meter and if you are exceeding the limits as specified in the code, it is a summons. We wanted to remove that subjectivity and put it to a scientific standard. This whole law is based on that. it is based on using decibel readings. MARIA: Okay and the summons will be enough to prohibit or you know, try to cut down on the .... SUPERVISOR RUSSELL: With any legislation, that is the intent, to get people to comply. And obviously the fine structure is going to have to be adjudicated and it is going to be up to a judge as to what the fine is but my presumption has to be that repeat offenders will see escalating fines. MARIA: Okay. Because we have gone through the process of calling the police and 2:00, 3:00 in the morning at this point for staying up for four hours, it has totally eroded our quality of life out there. COUNCILMAN TALBOT: That is not going on now, is it? MARIA: Not now, no, no, not now. It has been since what? A year, year and a hal~ About that. COUNCILMAN TALBOT: Well, some of our police officers, and one lives across from this vineyard they were talking about in Cutchogue and he has been himself waiting for us to write a law. MARIA: Okay. COUNCILMAN TALBOT: These guys, they are residents just like we are. MARIA: I have had intoxicated people on my lawn, I have crying teenagers like practically, really, it has been a nightmare, it has been a total nightmare so, thank you for your time. SUPERVISOR RUSSELL: Okay. Thank you. Ma'am? PATTY CARLOS: Hi, my name is Patty Carlos, I am a resident of Greenport, also a store owner. I have kind of a question like during the day during business hours, we have a lot of the motorcycles coming through Greenport and the noise is really bad and all the alarms of the cars start going and it could get really out of control. Is that going to be...? SUPERVISOR RUSSELL: The motorcycles are actually covered under MVA law, motor vehicle law of the State of New York and they are required to have certain muffler requirements. We actually do, we had in the past, done some checkpoints to make sure that the motorcycles as they go through .... Prevention and Control of Noise Pollution Public Hearing 12 July 5,2011 MS. CARLOS: Yes, I saw but... SUPERVISOR RUSSELL: And certainly to bring more attention to that in the near future would be .... MS. CARLOS: That is one concem. The other one is I live right in the middle of town, in Greenport and I know my quality of life in the summer is really bad. The noise is from people coming from the clubs, from Claudio's, it is impossible. The noise, people stay in the streets in groups and shouting, doesn't matter if we close the windows or anything, we can't sleep well during the summer. I know there is a certain level of tolerance that we have acquired but it gets to a point, I don't know if there is something, can you call the police and say there is a group here shouting at 2:00 in the moming? SUPERVISOR RUSSELL: Yes, loitering. Absolutely that is something the police can address. MS. CARLOS: So that is going to be more reinforced? Because sometimes there are police there and they don't do anything about it. SUPERVISOR RUSSELL: Well, that is something that should be brought to our attention when the weekend is over. Okay? Thank you. Mr. Lademann? JOHN LADEMANN: John Lademann from Cutchogue. My wife has property on Alvah's Lane, right across from Satur farms. We have been very patiently waiting five years for the Town Board to take some action, okay? Nothing has happened. There are tracks pulling in there, it is nothing but a trucking depot. There are tracks running, some trucks are running all night, they are sleeping in the truck right on the road. Three years ago you promised no parking signs along the road, no truck parking. That never happened. Something has got to give. We are putting signs up and the next thing is petitions to the Town Board to take action. SUPERVISOR RUSSELL: The Town Board took this issue up at length today. The discussion of trying to exact compliance to the site plan, under the site plan proposed that had been approved by that Board, all of that activity should be taking place on their site and there should be no parking along Alvah's Lane. We have had that discussion with counsel today on how we are going to get that enfomement in place. MR. LADEMANN: The school buses have to stop, fire equipment has had to slow down to go through. It is ridiculous and the town doesn't do anything. We are going to give a lot of work to the new police chief because if he can, trucks are running for more than five minutes, trucks are running all night long there waiting to go to the city. And it is not fanning, it is a truck depot. There are six diesels running there at one time. My son lives across the street and they are there running from 7:00 until 3:00 in the morning when they take off for the city. They can plug them in electrically, they don't have to mn diesel engines. Something has got to be done. Prevention and Control of Noise Pollution Public Hearing July 5, 2011 13 SUPERVISOR RUSSELL: All that was required under the site plan. They have not taken any action to comply with the site plan at all. Again, that was an issue that we discussed today. Mr. Lademann, yourself, you neighbors reached out to the Board again, it certainly got our attention. The Board had taken the issue up today and we are going to meet with the new chief of police. MR. LADEMANN: Scott, three years ago a judge ruled in favor of McNamara's on a case, the town didn't pursue it, they were supposed to move everything to the back of the property. Nothing happened. Because they said it was a hardship. It is not a hardship, it is hardship on the people living there. SUPERVISOR RUSSELL: I agree. MR. LADEMANN: Something has got to be done. SUPERVISOR RUSSELL: I agree. Thank you. GEN WOESSNER: My name is Gen Woessner and I only have one question. Who is responsible for enforcing the noise that motorcycles make? And it is not only in Greenport, I happen to live on Sound Avenue and on Saturday and Sunday, the motorcycles are outrageous. Whose responsibility is it to enforce (inaudible)... SUPERVISOR RUSSELL: That would be the police department, under the MVA laws of the State of New York. MS. WOESSNER: Inaudible. ANN MURRAY: I am Ann Murray from East Marion and I want to thank the Town Board for finally taking action on this. We have been very patient in East Marion, we are very happy that you are finally doing something. And I had a question or wanted some clarifications on penalties for offenses part. You have here, 'guilty of a violation punishable by a fine not exceeding $500" so it sounds like there is a lot of leeway there. Who sets the fine and can we have a minimum fine of maybe $500? I would think that would be a good deterrent. Because it doesn't say minimum. TOWN ATTORNEY FINNEGAN: We did review this issue (inaudible) and the problem is if somebody comes and gives some tail of woe to the court, then the court is left with either giving them a $500 fine or no fine. And our prosecutors have told us that it is better if you have that discretion in place and we considered that in code committee, went back and forth with that argument and I think the decision was, there is a graduated scale here, so that is the first offense. If they continue to offend it goes up to $2,500 and an ongoing violation makes every continuing hour another $2,500, so there certainly is some teeth in the ordinance. MS. MURRAY: Inaudible. Prevention and Control of Noise Pollution Public Hearing July 5,2011 14 TOWN ATTORNEY FINNEGAN: I don't think it is something that somebody is going to walk away with. You know, there are people also, you have to consider the people that could get caught up in this that aren't a commercial operation, that are a homeowner. That you had one time, it was one time violation. So I think there was that discretion left in the law just to give the court the opportunity to address that type of situation as opposed to a repeat offender in a commercial operation. COUNCILMAN KRUPSKI: And also, hopefully the law itself will be a deterrent. The officers showing up at the house or the establishment with the noise meter will also be a deterrent, so you hope it doesn't get as far as the court. You hope that people are going to be better neighbors and realize that they are offending everyone in the community. MS. MURRAY: We hope so, too. Believe me. Well, I might suggest that you keep statistics on how the next six month goes, should you enact this this evening. And maybe do a little report and let us know, do you think this has been a deterrent, are there a lot of complaints, is it going up, is it going down? I would be curious about that. SUPERVISOR RUSSELL: Just so you know, the intent of the code wasn't to punish people that make noise, it was to get people to not make noise and punish the people that don't listen. MS. MURRAY: It should be a preventive, absolutely. SUPERVISOR RUSSELL: I grew up in a community that didn't need a noise code, in those days you knocked on their front door and said, look, your irrigation pump is making too much noise, do you have to run it so early on Sunday morning? And they responded by starting it at 10 instead of 7, that town was Southold. It still is a wonderful town but it is not t he same town. There is no doubt that we need to create some sort of independent standard so that everybody understands what the rules are. MS. MURRAY: Thank you. BOB MEGUIN: Along those lines, Mr. Supervisor, Bob Meguin, Southold. I think really what needs to be done is you need a warning system, at least on the first offense. A warning citation, keep a record of that. From that point, I think that kind of differentiates the thrust and the intent of what the Board is trying to accomplish. In terms of the enforcement, frankly when you use the word violation, that has a particular meaning in the law. That is not a criminal offense and in order, in my view, to put teeth into it, I think if you had a warning citation initially, followed up perhaps by a violation with a minimum fine because this does give great latitude and discretion to the judge. I happen also to practice law and I kind of know what the discrepancy could be here. You could frankly, the judge, if it is a violation, dismiss the charge and hold it over their heads whereas I think enforcement is the key not only by use of the police department but that those repetitive violators get the message and the message to me is maybe a third violation should be an unclassified misdemeanor with a substantial minimal fine and perhaps a greater maximum fine because it becomes the cost of doing business for some Prevention and Control of Noise Pollution Public Heating July 5, 2011 15 of these entities and they are literally saying 'try to catch me' and I guarantee you, there will be some litigation from a legal perspective testing the hounds of this law. That is not meant by way of criticism. Frankly I applaud you for taking the necessary step to at least put a foundation in place. But I would ask the Board to seriously look at that sorts of punishment, penalties. I would suggest at least a warning system in the first instance. That would cover, in my mind, the typical neighborhood dispute that is likely to arise from this because this, you know, not only is it there is a sort out here that can be utilized and hopefully the police, you don't want to put the police officer in the situation where he has to try to mediate it. So I would seriously ask the Board to look at a warning system initially, frankly having, as they indicated maybe a minimum fine with a maximum fine for a second offense and then from there, escalate it. Because the way it is currently written, it is a second offense with $0 to $2,500 for the second offense. That is a broad discretion to the court. This doesn't mandate the judge to fine that person $2,500. Some of the, it is a cost of doing business. The commercial entities will no doubt hire attorneys and the first thing that is going to happen is they are going to challenge some of the language in this. But again, it is certainly a fine step in the right direction but the key, as you all note, is enforcement. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN TALBOT: Mr. Meguin, we do already have, code enforcement does issue notices of violation, just as you are saying. It is not an official violation, it is a notice that they are violating a particular code. MR. MEGUIN: Okay. But this just gives me the impression that that system won't be utilized in this noise ordinance. If that is the case, fine but I just don't find it in here. It just seems to me that they are going to have to issue a summons for a violation, go to court, and the judge has a discretion from $0 to $500 and I think the thrust is, a commercial entity, not the individual. $500 is a lot of money for an individual, property homeowner, whereas the people that are, I think that are somewhat the target of this because the thrust of the ordinance deals with airborne and amplified noise. That is the guts of this statute, ordinance rather and it becomes the cost of business. SUPERVISOR RUSSELL: Thank you. MR. LADEMANN: John Lademann again. One thing I didn't mention, we are talking about noise pollution, how about the pollution from the dust and the pollution from the diesel engines running? I mean, it is terrible with that many engines running at one time. SUPERVISOR RUSSELL: Every one of those issues were discussed at length today. I would be glad to talk to you after the meeting is over. COUNCILMAN TALBOT: Including the forklifts on (inaudible). SUPERVISOR RUSSELL: Inaudible. Prevention and Control of Noise Pollution Public Hearing 16 July 5, 2011 COUNCILMAN KRUPSKI: And the dust, yes, we did discuss all of that. UNIDENTIFIED: While we are talking about the sound and noise, can we ever do something about these microphones? They are horrible. I had a question for Martin. I believe in the first draft there was something about jail time and that is not here anymore. No, I am just bringing it up. It was in here. If they repeatedly and repeatedly and repeated ..... TOWN ATTORNEY FINNEGAN: We settled on after a survey of the 30 or 40 laws that you provided to us, just decided through the code committee process, the Town Board came to the decision through the code committee process that we would use this scheme, this mirrors many of the other enfomement schemes that are in our code. It gives us the opportunity to go in and get injunctive relief for the repeat offenders. I think as Scott mentioned earlier, the decision was let's get this thing moving, let's get it going and as Ann suggested, see how we do. If it needs to be or it is not enforceable or we have issues, then they can be addressed but you know, I understand from your perspective that there are people that you want to throw in jail. UNIDENTIFIED: No, I am just asking, I am asking you if it was in the original one? That is what I remember. And I believe it was taken out. TOWN ATTORNEY F1NNEGAN: There may have been but I (inaudible) UNIDENTIFIED: And of course, I am not talking about somebody who makes, you know, is an occasional problem. I am talking about somebody who, as the gentleman with the wonderful voice that just spoke, that they do it over and over again and it is just the cost of doing business. That is the only reason. I am not into throwing people into jail either but I just noticed that it was there before and it is not here now. SUPERVISOR RUSSELL: A fine of $2,500 per hour, I think that is and I understand the concerns some might have, well, you are leaving the discretion to the judge. That is what most of the code does here, in just about every section. And I hopefully believe that the judges can distinguish between that one party with the graduation party for his kid from the repeat offender who doesn't care about the neighbors. UNIDENTIFIED: Right. SUPERVISOR RUSSELL: That is the goal. That is what we are trying to address, that repeat almost chronic violator. UNIDENTIFIED: Right. Okay, thank you. SUPERVISOR RUSSELL: Thank you. BARB (INAUDIBLE): My name is Barb (inaudible) from East Marion. First off, I would like to thank you so much for finally getting the ordinance to this point. Well over Prevention and Control of Noise Pollution Public Hearing July 5,2011 17 10 years ago, we started this process and I remember when we first came to the Town Board, they said creating a town law is like creating a supertanker, don't hold your breathe it is going to take a long time gift. So here we are, hopefully we are coming into port. My question to you is everything seems based on these noise meters, so what I would like to know from you is how many noise meters are there going to be? Is it going to be like the guy in the patrol car going I think officer Joe has it and I think he is in Aquebogue or something. You know, whatever. So is everything completely reliant on these meters... SUPERVISOR RUSSELL: There will be a code meter out on the road at all times. The sergeant, the road sergeant will have the noise meter that can be dispatched throughout the entire town at any given time. Usually when people complain with noise, you get one phone call, then two, then three from all the neighbors. The sergeant can be out there with the patrol officer at any time, so a road sergeant will always have one. Plus we are going to have others issued to code enforcement for the regular, in other words, we have two focuses on enforcement. The police department and the code enforcement officers. But there will be, I assure you, we budgeted for 11 or 12 meters. There will be more than ellough. UNIDENTIFIED: Great. Thank you. TOM HENISCH: Tom Henisch from Southold. I deal with live music and amplified sound, that is what I do for a living and I swear I was never in East Marion at the Blue Dolphin. But to address what the gentleman had said about frequency content and the noise measurement that most of the residents complain about, probably what shakes their windows, would not be covered under an A weighted reading in a decibel reader, as well as I think that the decibel readings are a little flawed that they are a little too low compared to what the real life situation is. I think that by taking your meter around the town and measuring hamlets, you can get a good judgment for what the ambient readings are throughout the town because I think some of these other measurements were pulled from other towns, just to put some numbers down and were basically pulled out of the air. SUPERVISOR RUSSELL: There is actually a gentleman from New Jersey who is the foremost expert on the east coast that you can hire as a consultant to develop the noise code. What we essentially did was use the noise code that he developed for the Town of Shelter Island, the Villages of Southampton. It is the same gentleman producing that. We are confident in discussions with the vendor that with the training we can sort out the ambient and background noise versus the offending noise. But we are confident that Quest technologies has the ability to train us properly in the use of them. MR. HENISCH: The situation is, on my house on the North Road for example, a car going by even during the daytime is 75db A weighted and in the middle of the night, that is pretty loud. If you have your windows open, you are trying to sleep. But then if I flip on the air conditioner, now I am generating at least 65 db or something like that at my neighbors house of continuous noise out of my compressor out of the back of my air- conditioner and now my neighbor could actually call and complain about something and Prevention and Control of Noise Pollution Public Hearing July 5, 2011 18 technically by what you have written, we would be in violation. So I think something needs a little more refinement as to how you can actually enforce it. And it is a shame that businesses are not responsible enough to want to continue doing their business and conform to whatever law you do pass. SUPERVISOR RUSSELL: I appreciate that. Thank you. Would anybody else like to comment on the noise code? NANCY SAWASTYNOWICZ: Nancy Sawastynowicz of Cutchogue. I find it very appropriate that this is after 4th of July. My neighbor shot fireworks on Saturday night so loud that our house was shaking. So can we make the violation for illegal fireworks really higher than anything? I was so concerned. His yard is like 150 feet fi.om a nesting osprey that now has babies and I just, what do we do when they shoot fireworks illegally?. SUPERVISOR RUSSELL: Call the police department. They should respond quickly. This is already covered under the penal law of the state of New York. That is not part of the town code. MS. SAWASTYNOWICZ: I just felt so bad because I know the babies have hatched and this guy, he was worse than the camival fireworks, so I am glad you are doing something for the noise ordinance and I am glad you are doing something about Alvah's Lane, that is a disgrace. Thank you. SUPERVISOR RUSSELL: Would anybody else like to .... BENJA SCHWARTZ: Benja Schwartz, Cutchogue. I just have a few questions. Yes, we do have one existing noise ordinance against barking dogs. How will this new ordinance, if it is enacted, will that supersede the existing ordinance, there is no... SUPERVISOR RUSSELL: The existing law is stand alone and enforceable on its own. It doesn't need to be superseded. Barking dogs are not permitted, you are required to take control of your dog, your animal that is barking. That is already specified in the town code. There is no need to supersede that. MR. SCHWARTZ: Even if it is just a little quiet little dog? COUNCILMAN ORLANDO: I think it is a habitual .... MR. SCHWARTZ: So that is a separate law, we are not going to change that. The noise ordinance related to cars and motorcycles, we just need to step up the enforcement of the New York State laws that apply. There are also New York State laws that apply to loud boats and my attention was called to that by a brochure boat smart guide on the Southold Town police website. It says there is a noise limit of 90 decibels for a stationary boat and 75 decibels for a moving boat or something, so whoever was concerned about the boats, maybe they just need to file the complaint and call the attention to the laws that already exist but will the new noise meters be used to enforce these existing laws that are Prevention and Control of Noise Pollution Public Hearing 19 July 5, 2011 currently not being enforced. SUPERVISOR RUSSELL: That is an issue that we certainly have to discuss with the new chief of police. MR. SCHWARTZ: Okay. Well, I just have one last comment, there has been a lot of complaints about these helicopters and I was actually complaining about them years before anyone else. People ask me what planet I live on but in law school 20 years ago, I learned that the remedy for noise, aviation noise is not a municipal ordinance. It is a private nuisance lawsuit. If the noise is interfering with the quiet enjoyment of property, a property owner has the right to sue the helicopter pilot or the company, maybe the passenger. So maybe there is nothing the town can do but maybe there is something if property owners keep track of and monitor the extent of the disturbance on their property fi.om the helicopters, there are lawsuits that can address that. My last question on this new noise ordinance, it is a nice preamble but you know, enfomement of laws is one way by the police issuing tickets. Most important to enforce any laws is voluntary compliance. People need to be aware of the law. Does the town have any intention to create any public service announcements? Anything like that? SUPERVISOR RUSSELL: Absolutely. Outreach is going to be a huge component. MR. SCHWARTZ: Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular local law? COUNCILMAN KRUPSKI: I have one concern. Some of us were concerned about 200-6 standards. It says no person shall create or cause to be emanated any noise pollution which when measured on a sound level meter at or beyond the property line closest to where the noise is generated or fi.om the property line of a complaining property owner and then it goes through the standards and the hours for the standards and I think it should be, it can't be both really and if you are going to have a noise complaint from someone way down the road because you don't like the neighbor that it might, it might be valid, it might be too loud at your property line but I don't know if you can enforce it, if you can go all the way down the road and put the microphone right there and enforce it or whether the problem really is in your yard. Because you are complaining about it where you live, not next to the source of the noise. So I kind of think it should be, the complaint should be measured at your property line. COUNCILMAN ORLANDO: It takes the discretion away fi.om the officer, whoever calls to complain, they go to their house, they measure and say yes, it is loud. SUPERVISOR RUSSELL: That is the one issue that the Board hasn't resolved. The issue is look, if I don't like someone in CJreenport, I shouldn't have the luxury of calling up on the phone and filing a complaint because they are making noise. It doesn't affect me when I live in Cutchogue. The idea is to call to take the measurement from the Prevention and Control of Noise Pollution Public Hearing July 5, 2011 20 property line of the complainant. Well, the flip side of that is, you are putting the complainant in a very tough position because a lot of people like to make complaints anonymously etc. So that, right now I have discussed it with Captain Flatley, now Chief Flatley, he believes that this gives them enough discretion to reach the intent of the law to enforce it, to ensure that it is going to address those who just simply have no respect or absolute concern for their neighbors. But it is an issue we should take up in the very near future. JUSTICE EVANS: Well, we will see how it works. SUPERVISOR RUSSELL: Yes. See how it works. Okay, we are going to close this hearing and then we can get to the regular open mic portion of the night. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: I think we are going to close it tonight. I think we usually like to take the input from the public, certainly Mr. Meguin raised some good questions with penalty issues. I would envision adopting it in two weeks. This hearing was closed at 9:04 PM Southold Town Clerk Neville, Elizabeth From: Sent: To: Subject: Neville, Elizabeth Tuesday, July 05, 2011 10:19 PM Heather Lanza colored maps re: current draft local law Heather, You passed out two (2) colored maps today at the work session today re: current draft local law. I did not get copies. Would you please send them to me for the file? Thank you, Betty Elizabeth A. Neville, MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 ell 631 466-6064 Tracking: Factory Avenue Parking & Loading: Current draft LOcal Law RECEIYED JUL § ~Oll Town Cleft. RECEIVED JUL 5 2011 To Scott Russell & Southimld Board Re: Noise Ordinance ~0ulh014 To~vn Oer} Southold township is a beautiful mix of beach and rural ~.ni~.~ that ~g blessed to also have a th~ving business community of winnies, hol~, bed and lx~lkflt inns, gaHer~, shops, restaurants, farm stands, nurseries and other businesses thnt tempt visitors ~o enjoy tht~n and which suppc~ the economy. The. se amenities enhance life, offer employment so locals can choose to my in t~e township and enlice new people to choose to invest in buying homes in Southold. Obviously, the end result of a sound ordinance is ~t commercial venues from offering en . '.tert~lment ~r to~ and ~ ~mm~'.loyin~ their omdoor space, but to~ app~na~. this sound I that will allow one and aH to enjoy their individual, family and bi lives without the intrusion of noise pollution. We appreciate the difficulty of writing an ordinance that will be definitive and enforce, able and trust that this one will be successful in meeting those goals. Definitive means that now the~e would be a measurable environmental impact levels of sound defined and "on the books" - quantifiable from one property to the next lwoperty so when I ~ intrusive and alters the "mnbient ~n~f your life on.your ~ them is protection. "Am .h~. tlnlinef~" - bo it chJ]dll~ funnln~o und and playing, cutting one's lawn ar even the occa~onal patty __m~_st, of course be allowed and the selected decibel readings in this ordinance clearly intend to allow far such and yet disallow and cap the inuusive noise and especially over auwRlication that d_L_~upts "ambient daliness." enforcement w~l be in the hands of the Southhold Polic~ Department, we believe that once the tmsiness owner has m~zarked in a sentence that since them is no sound ordinance the lc"vel of their amplifi~l sound is discretiona~ - which is true. l'nus a / ordinance must be plsed so that ]~te ~ limits for car- individual discretion gives way to defm~d. ~le, societal Zimils. Is this ~ ordinance as written pe~f. ec? ~o. Is it mom or less than m people woul~Ly.nnt? Yes. But it will indeed be be_-_~ than not hawng a ci~fined one on t~he books to enfot~ce at all. ~ ~ ~ ~y trustees who nm undecid_~ or ambivalent about how to vote we caution them that this vote has been ~d that._mn~y of ? who support the sound Ordinance will consider thinz an lhpotmm ~ wh~ ~ ~I¢~-fions cot~ m th. fall. Speaking of the elections, while we have the _~___,mtion of the boaxd and the public, we ~ people to vote.., long ~ residents and new neighbors and even seccmd homeowners, who should have at least one member of their household regilr to vote in Southhold. Everyone should vote. Tonight it is the town board's chance m vo~ and we urge you to pass the Southhold township sound ordinance. .-- Steven & Carolyn Greet, 16 Sound Road, Gmenport Russell, Scott From: Sent: To: Subject: Gerri [pgmcnamara@verizon.net] Tuesday, July 05, 2011 11:00 AM Russell, Scott Noise Ordinance. Dear Supervisor Russell, My wife and I support the passage of a noise ordinance. hope is a long list of concerned citizens. Thank you. Sincerely, Paul and Gerri McNamara 900 North View Drive Orient 11957 Please add our names to what I Page 1 of 2 Russell, Scott From: Carolyn Greer [cgreer313@gmail.com] Sent: Tuesday, July 05, 2011 12:14 PM To: Russell, Scott; Scott Mclntire; Lori Hollander; Steven Greer Subject: noise ordinance vote Hello Scott- Please share this statement below for supporting a passage of the sound ordinance with the town trustees, as we cannot attend the meeting tonight.., and we appreciate that you have been someone who has helped to move this forward. Regards Carolyn Greer to: Scott Russell & Southhold Board re: Noise Ordinance date: July 5, 2011 Southold township is a beautiful mix of beach and rural communities that is blessed to also have a thriving business community of wineries, hotels, bed and breakfast inns, galleries, shops, restaurants, farm stands, nurseries and other businesses, which attract visitors to enjoy them and thus support the local economy. These amenities enhance life, offer employment so locals can choose to stay in the township and entice new people to choose to invest in buying homes in Southold. Obviously, the end result of a sound ordinance is not to prohibit commercial venues from offering entertainment or to restrict families and neighbors from enjoying their outdoor space, but to define appropriate noise impact between neighbors and neighbors and neighbors and commercial venues. Please pass this sound ordinance that will allow one and all to enjoy their individual, family and business lives without the intrusion of noise pollution. We appreciate the difficulty of writing an ordinance that will be definitive and enforceable and trust that this one will be successful in meeting those goals. Definitive means that with passage ofihe ordinance, there would now be measurable environmental impact levels of sound defined and "on the books" - quantifiable from one property to the next property~ so when sound becomes intrusive and alters the "ambient daliness" of your life on your property there is protection. "Ambient daliness" - be it children running around and playing, cutting one's lawn or even the occasional party must, of course, be allowed for and the selected decibel readings in this ordinance clearly intend to allow for such and yet will also disallow and cap the intrusive noise and especially over-amplification that disrupts "ambient daliness." We urge passage of this sound ordinance, which because it is definitive is enforceable. While enforcement will be in the hands of the Southhold Police Department, we believe that once the ordinance is passed many businesses and residents will choose to become compliant. Indeed, one businessowner has remarked (in a sentence) that since there is no sound ordinance the level of their amplified sound is discretionary - which is tree. Thus a sound ordinance must be passed so that like 7/5/2011 Page 2 of 2 speed limits for cars - individual discretion gives way to defined, reasonable, societal limits. Is this sound ordinance as written perfect? no. Is it more or less than some people would want? Yes. But it will indeed be better than not having a defined one on the books to enforce. If there are any trustees, who are undecided or ambivalent about how to vote, we caution them that this vote has been a long time in coming and note that many of us, who support the sound ordinance, consider this to be one of the important issues by which we review our representatives when the elections come in the fall. Speaking of the elections, while we have the attention of the board and the public, we encourage people to vote.., long time residents and new neighbors and even second homeowners, who should have at least one memberoftheir household register to vote in Southhold. Everyone should vote. Tonight it is the town board's chance to vote and we urge you to pass the Southhold township sound ordinance for us - for a better quality of life in Southhold. Steven & Carolyn Greer, 16 Sound Road, Greenport, NY and Lori Hollander & Scott McIntire, 22 Sound Road, Greenport, NY 7/5/2011 Russell, Scott From: Sent: To: Subject: Blesch Jr Edwin J [eblesch@optimum.net] Tuesday, July 05, 2011 10:54 AM Russell, Scott [New Sender - ] - Noise Ordinance - Message is from an unknown sender Let me lend my strong support to the Towl/ Board as it decides on a noise ordinance for Southold. Many of us out here are transplants from New York. We wanted to come to a tranquil, quieter life. OK, a rowdy birthday party once a year should not be penalized, but habitual lack of consideration for neighboring property owners is rude and intolerable. The proposed law, as I read it, covers very clearly all the bases. Consider adding something specifically citing motorcyclists who like to show their macho with roaring engines, often in hordes. Consider exempting clean up crews after a disaster. If after a hurricane, trees are blocking our roads, I don't care if they saw 24/7. Thanks for considering my comments. Edwin J. Blesch Jr., POB 430, Orient, NY 11957 Supporting noise ordinance Page 1 of 1 Russell, Scott From: Venetia Hands [venetia@handsconsulting.com] Sent: Monday, July 04, 2011 6:22 PM To: Russell, Scott Subject: Supporting noise ordinance Dear Supervisor Russell, This is just to say that I am 100% in favor of the Noise Ordinance and very much hope you pass it. I would be at Town Hall to witness that ... But have a one-time opportunity to catch up with an old friend over dinner. Sincerely, and best wishes Venetia Hands HANDS CONSULTING 2576 Broadwa}, PMB# 285 New York, New York 101)25 917-363-4757 7/5/2011 Russell, Scott From: Sent: To: Subject: Alice Medalia [amedalia@aol.com] Monday, July 04, 2011 1:21 PM Russell, Scott [New Sender - ] - We support a Town of Southhold noise ordinance - Message is from an unknown sender Dear Mr. Russell, We are writing to add our support for the proposed noise ordinance for the Town of Southold. Please count us in when you report on community support. Sincerely, Alice Medalia and Larry Bogard 1705 Trumans Path East Marion Russell, Scoff From: Sent: To: Subject: Ellen McNeilly [ejmcneilly@earthrink.net] Monday, July 04, 2011 10:16 AM Russell, Scott Noise Ordinance Dear Supervisor Russell, I'm writing to add my support for the proposed Noise Ordinance for Southold Town. Please count me in when you report on community support for this important ordinance. AS the area becomes more crowded during the Summer months than in years past, such ordinances are increasingly important, and we can no longer be the only Township on all of Long Island without such nuisance protection. See you at Town Hall tomorrow evening. Ellen McNeilly Russell, Scott From: Sent: To: Cc: Subject: isabel.widowsholeoysters.com [isabel@widowsholeoysters.com] Monday, July 04, 2011 9:54 AM Russell, Scott admin@orientassociation.org [New Sender - ] - Southold Town noise ordinance - Message is from an unknown sender Dear Mr. Russell, My family lives on Greenport harbor and we are blasted by noise until 2am from music from Claudio's, the Chowder Pot, and other businesses in Greenport. Although Greenport Village has a noise ordinance, Southold police refuse to enforce Greenport Village ordinance. A passage of a noise ordinance for Southold Town would GREATLY improve the quality of life in the Village of Greenport. We are all for the noise ordinance! Thank you, Mike and Isabel Osinski Town Noise Ordinance - Needed Page 1 of 1 Russell, Scott From: James Branigan [omegarm@optonline.net] Sent: Monday, July 04,2011 7:53 AM To: Russell, Scott Subject: Town Noise Ordinance - Needed Dear Supervisor Russell, A noise ordinance is needed to protect the residents of Southold Town from inconsiderate residents and businesses alike. Barking dogs that go on and on for hours, people and business with exterior speakers who think their music is not only liked by their neighbors but also disappears when it reaches their property line and landscapers and others who use leaf blowers at times when others are sleeping or just trying to enjoy their yards (before 8 AM or after S:00 PM). Noise is a significant health hazard when it grinds on for extended periods of time or deprives residence of the peaceful enjoyment of their homes and property. It is a cause of STRESS and it's resulting high blood pressure, heart disease and a whole list of health related problems. As Southold grows and more vineyards host weddings that run late into the night and adjoining residents suffer. Noise ordinances allow for normal citizens to live in their homes and community without stress and protects them from those without common since or who put profit above peaceful coexistence within our community. The law will allow for a defined way to control noise that is objectionable and frankly in very bad taste. Best Regards, Jim -- James Branigan 1245 Old Farm Road Orient, NY 11957 7/5/2011 SUMMARY OF PROPOSED CHAPTER 200 "PREVENTION AND CONTROL OF NOISE POLLUTION" THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF TONIGHT'S PUBLIC HEARING SETS FORTH A NEW CHAPTER OF THE TOWN CODE, CHAPTER 200, ENTITLED "PREVENTION AND CONTROL OF NOISE POLLUTION", THE INTENT OF WHICH IS TO REGULATE NOISE POLLUTION THROUGHOUT THE TOWN OF SOUTHOLD; TO PRESERVE THE RURAL CHARACTER OF THE TOWN; AND PROTECT AND PROMOTE PUBLIC HEALTH, COMFORT, CONVENIENCE, PEACE, SAFETY, WELFARE AND PROSPERITY OF THE TOWN AND ITS INHABITANTS. A PUBLIC HEARING WAS HELD ON THIS LEGISLATION ON OCTOBER 5, 2010, AT WHICH TIME THIS BOARD DETERMINED TO SEND THE PROPOSED LEGISLATION BACK TO CODE COMMITTEE FOR FURTHER REVISIONS. THESE REVISIONS ARE INCLUDED IN THE VERSION OF LEGISLATION THAT IS BEING NOTICED THIS EVENING. SECTION 200-4 OF THE PROPOSED CODE DEFINES VARIOUS TERMS THAT ARE NECESSARY IN REGULATING NOISE POLLUTION INCLUDING, BUT NOT LIMITED TO, THE TERMS "AIRBORNE SOUND," "AMPLIFIED SOUND," "CONSTRUCTION DEVICE," "Db(A)," "DECIBAL" AND "NOISE POLLUTION." SECTION 200-5 SETS FORTH THE GENERAL PROHIBITION ON NOISE POLLUTION WITHIN THE TOWN. SECTION 200-6 SETS FORTH THE STANDARD FOR NOISE POLLUTION, WHICH PROHIBITS ANY PERSON FROM CREATING OR CAUSING ANY NOISE POLLUTION WHICH, WHEN MEASURED ON A SOUND-LEVEL METER AT OR BEYOND THE PROPERTY LINE CLOSEST TO WHERE THE NOISE IS GENERATED OR FROM THE PROPERTY LINE OF A COMPLAINING PROPERTY OWNER, EXCEEDS THE FOLLOWING STANDARD: SUNDAY THROUGH THURSDAY: (i) FROM 7:00 AM TO 7:00 PM AIRBORNE OR AMPLIFIED SOUND IN EXCESS OF 65 dBA; and (ii) FROM 7:00 PM TO 7:00 AM AIRBORNE OR AMPLIFIED SOUND IN EXCESS OF 50 Dba. FRIDAY AND SATURDAY: (i) FROM 7:00 AM TO 11:00 PM AIRBORNE OR AMPLIFIED SOUND IN EXCESS OF 65 dBA; AND (ii) FROM 11:00 PM TO 7:00 AM AIRBORNE OR AMPLIFIED SOUND IN EXCESS OF 50 dBA. SECTION 200-7 LISTS NOISE THAT IS EXEMPT OR PARTIALLY EXEMPT FROM PROPOSED CHAPTER 200. SOME EXAMPLES OF NOISE THAT ARE EXEMPT INCLUDE INTERMITTENT OR OCCASIONAL USE OF HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT WITH MUFFLERS BETWEEN 7:00 A.M. AND 9:00 P.M.; CONSTRUTION ACTIVITIES BETWEEN 7:00 AM AND 7:00 PM; NOISE FROM AGRICULTRUAL EQUIPMENT; NOISE FROM CHURCH BELLS; NON-AMPLIFIED NOISE FROM LAWFUL ATHLETIC OR RECREATIONAL ACTIVITIES; NOISE FROM MUNICIPALLY SPONSORED CELEBRATIONS OR EVENTS; AND EMERGENCY CONSTRUCTION. SECTION 200-8 AUTHORIZES THE POLICE DEPARTMENT AND THE OFFICE OF CODE ENFORCEMENT TO ENFORCE THE PROVISIONS OF THE PROPOSED CHAPTER AND SECTION 200-9 SETS FORTH PENALTIES FOR OFFENSES WHICH INCLUDE FINES SET AT $500 FOR A FIRST OFFENSE AND UPON CONVICTION OF A SUBSEQUENT OFFENSE, A FINE NOT EXCEEDING $2,500.00. 10290 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published 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 printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 23rd day of June, 2011. 'Principal C~erk Sworn to before me this LEGAL NOTICE NOTICE of PUBLIC HEAP. LNG WHEREAS there has been present- ed lo thc Town Board of the Town of Southold, Suffolk County. New York, on thc 24th day of May, 2011, a Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollu- tion in the Town of Southold'. RESOLVED that the Town Board of the Town of Southold will hold a pub Itc hearing on the aforesaid Local Law at thc Southoid lb;vn Ha!l, 53095 Main Road, Southold, New York. on the 5th day of July 2011 at 7'.35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Prevention and Conlrol of Noise Pollution in the Town of Southold" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled. "A Local Law Un relation to the Prevention and Con- trol of Noise Pollution in the Town of BE IT ENACTED by the Town Board of the Town of Southold as follows: L A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: §200-1. Iitle. This law shall be known as the "Prevention and Control of Noise Pollution Law of Southold Town." 9200-2. Purpose. The gentle pace of life in the Town of Southold has tra- ditionally provided a respite from the noise and turmoil which has become an integral part of life in the city and sub- urbs and which has even encroached inlo many resort areas on the East End CraBing of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this ru- ral, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreason- ably loud, unnecessary disturbing or unusual noise within the Town has be- come an increasingly, significant prob- lem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, com- fort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold, It is the public poli- cy and findings of the Town Board that every person is entitled to noise levels that arc not detrimental to life, health and the enjoyment of his or her prop- erty. The provisions and prohibitions hereinafter enacted arc in pursuance of this policy and these findings and for the purpose of protecting and promoflng the public health, comfort. convenience, peuce, safety, welfare and prosperity of the Town of Southold and its inhabitants. §200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regula- tions intended to govern noise pollution within the entire Town, §200-4. Detinitions. As used in this Chapter. the fi~0owing terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propa- gation through the air. AMPLIFIED SOUND Sound which has its volume increased by elec tronic means. CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity or non-profit organiza COMMERCIAL SERVICE EQUIP- MENT - All engine-powered or motor- powered equipment intended for infre- quent service work in inhabited areas, typically requiring commercial or skilled operatom Examples of commercial ser- vice equipment are chain saws, log chip- pers, paving rollers, etc. CONSTRUCTION DEVICE Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. db(A) - The A-weighted sound level in decibels, as measured by a general- purpose sound-level meter complying with the provisions of the Ameflcan Na- tional Standards Institute specifications for sound-level meters, properly cali- brated and operated on the A-weighing network. DECIBEL ("db") - The unit for measuring the volume of a sound based upon thc pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER'S LIGHT RESI- DENTIAL OUTDOOR EQUIPMENT - All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a ho- meowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding trac- tom snowblowers, snowplows, etc. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of nornral sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfort- able enjoyment of life and property or the conduct of business: 1. Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adja- cent or neighboring property. 2. The using of, operating of or per- CHRISTINA VOLINSKI pUBLIG-S'~A~E OF NEW yoRK NO. 01_VO61 05050 mitflng to be played, used or operated, any radio, receiving set, musical instru- ment, phonograph, television set or other machine or device for the pro- ducing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON - An individual, associa- tion, tirm, syndicate, company, trust, cor- poration, department, bureau or agency or any other entity recognized by law as the subject of rights and duties .SOUND LEVEL METER - An in- strument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 200-5. General prohibition. No per- son or persons owning leasing or con- trolling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in 9200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or air- borne sound from the premises, dwell- ing or building within the Town shall be considered noise pollution and shall be prohibited at all times. § 2~-6. Standards. No person shall create or cause to be emitted any noise pollution which when measured on a sound-level meter at or beyond the property line closest to where the noise is generated or from the property line of a complaining property owner exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or ampli- fied sound in excess of 65 dbA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dbA. B. Friday and Saturday: (i) from 7:00 a.nr. to 11:00 p.m. airborne or amplified sound in excess of 65 dbA; and (ii) from 1 l:0fl p.m. to 7:(1t) a.m. airborne or ampli fled sound in excess of 50 dbA. § 200-7. Exceptions. A. The provisions of 9200-5 and 9200- 6 shall not apply to the following: 1. The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. g. Construction activities between 7:00 a.m. through 7:00 p.m. and the as- sociated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other pro- visions hereof. 3. Noise from agricultural equipment. 4. Noise from church bells or ~himes used. 5. Noise from snowblowers, snowthrowers and snowplows when op- erated with a muffler for the purpose of 6. Non-amplified noise generated from lawful athletic or recreational a6- tivities, events, or facilities. 7. Non-amplified noise-organized ac- tivities sponsored by any school district, private school or fire district or depart- ment within the Town of Southold. 8. Noise from municipally sponsored celebrations or events. 9. Noise from lawful fireworks dis plays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. 10. Noncommercial public speaking or public assembly activities conducted on any public space or public right of- wily. I1. Enrergency construction or repair work. 1Z Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organiza- tion in carrying out their official dutie~ 13. Noncomnrercial amplified sound that does not exceed the noise standard estabhshed in 9200-6 of this chapter. 14. Emergency stationary and mobile signal device~ 15. Audible exterior burglar alarms m operation for 15 minutes or less. § 2,00 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Of- rice of Code EnB § 200- 9. Penal A. Any perso, provisions of this of a violation pu exceeding $500; ~ a subsequent oft fine not exceedii tion is of a eonti, hour period of vi~ of this chapter sl tional, separate a~ B. In addition provided by law, an injunction pro chapter. I1. SEVERABIL If any clause section, or part c be adjudged by a jurisdiction to be shall not affect th a whole or any p the pa~ct so decide al or invalid. III. EFFECTIVE This Local La, mediately upon fi of State as provid Dated: May 24, 2~ BY ORDER OF ed to the Town Board of the Town of Southold, Suffolk County. New York, on thc 24th day of May, 2011, a Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollu- tion in the Town of Southold_"~ RESOLVED that the Town Board of the Town of Southold will hold a pub- lic hearing on the aforesaid Local Law at the Southold T,~wn Hal!, 53095 Main Road, Southold, New York. on the 5th day of Inly 2011 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold' reads as follows: LOCAL LAW NO. 2011 A Local Law entitled "L~ in relation to the Prevention and Cot!- lrol of Noise Pollution in the Town of BE IT ENACTED by the Town Board of the Town of Southold as follows: L A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: §200.1. ~tle. This law shall be known as the "Prevention and Control of Noise Pollution Law of Southold Town." §200-2. Purpose. The gentle pace of life in the Town of Southold has tra- ditionally provided a respite from thc noise and turmoil which has become an integra] part of life in the city and sub- urbs and which has even encroached End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this ru- ral, almost nostalgic way of life while ably loud, unnecessary disturbing or unusual noise within the Town has be- come an increasingly, significant prob- pollution which is prolonged, unusual is harmful to the peace, welfare, com- fort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public poli- cy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her prop- erty. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, safety, welfare and prosperity of the Town of Southold and its inhabitants. §200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regula- tions intended to govern noise pollution within the entire Town. §200-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propa- gation through the air. AMPLIFIED SOUND - Sound which has its volume increased by elec- tronic means. CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity or non-profit organiza- tion. COMMERCIAL SERVICE EQUIP- MENT - All engine-powered or motor- powered equipment intended for infre- quent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial ser- vice equipment are chain saws, log chip- pers, paving rollers, etc. CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. db(A) - The A-weighted sound level in decibels, as measured by a general- purpose sound-level meter complying with the provisions of the American Na- tional Standards Institute specifications for sound-level meters, properly cali- brated and operated on the A-weighing network. DECIBEL ("db") - The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER'S LIGHT RESI- DENTIAL OUTDOOR EQUIPMENT - All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a ho- meowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding trac- tors, snowblowers, snowplows, etc. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business, The following are deemed to interfere with the comfort- able enjoyment of life and property or the conduct of business: 1. Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adja- cent or neighboring property. 2. The using of, operating of or per- CHRISTINA VOLINSKI NOTARY pUBLIC-STAT~ OF NEW YORK NO. O1 _VO61050BO Qualified in SuffoJk County mitring to be played, used or operated, any radio, receiving set, musical instru- ment, phonograph, television set or other machine or device for the pro ducing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON - An individual, associa- tion, firm, syndicate, company, trust, cor- poration, department, bureau or agency or any other entity recognized by law as the subject of rights and duties · SOUND-LEVEL METER - An in- strument for the measurement of noise, and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound level meters. § 200-5. General prohibition. No per- son or persons owning leasing or con- trolling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in §200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or air- borne sound from the premises, dwell- ing or building within the Town shall be considered noise pollution and shall be prohibited at all times. § 200.6. Standards. No person shall create or cause to be emitted any noise pollution which when measured on a sound-level meter at or beyond the property line closest to where the noise is generated or from the property line of a complaining property owner exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or ampli- fied sound in excess of 65 dbA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dbA. B. Friday and Saturday: (i) from 7:00 a.m. to i1:00 p.m. airborne or amplified sound in excess of{~5 dbA; and (ii) from 11:00 p.m. to 7:00 a.m. airborne or ampli- fied sound in excess of 50 dbA. § 200-7. Exceptions. A.The provisions of §200-5 and §200- 6 shall not apply to the following: I. The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereo£ 2. Construction activities between 7:00 a.m. through 7:00 p.m. and the as- sociated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other pro- visions hereof. 3. Noise from agricultural equipment. 4. Noise from church bells or chimes used. 5. Noise from snowblowers, snowthrowers and snowplows when op- erated with a muffler for the purpose of snow removal, fice o1 Code Enforcement. 6. Non amplified noise generated § 200- 9. Penalties for offenses. from lawful athletic or recreational ac- A. Any person who shall violate any tivities, events, or facilities, provisions of this chapter shall be guilty 7. Non-amplified noise-organized ac- of a violation punishable by a fine not fivities sponsored by any school district, exceeding $500; and upon conviction of private school or fire district or depart- a subsequent offense, punishable by a ment within the Town of Southold. 8. Noise from municipally sponsored celebrations or events. 9. Noise from lawful fireworks dis plays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. 10. Noncommercial public speaking or public assembly activities conducted on any public space or public right-of- wily. ~ L Emergency c~nstruction or repair work. 12. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organize lion in carrying out their official duties. 13. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter. I4. Emergency stationary and mobile signal devices. 15. Audible exterior burglar alarms in operation for 15 minutes or less. § 200 - 8. Enforcemenl. The provisions of this chapter shall he administered and enforced by the Southold Town Police Department and the Southold Town Of- fine not exceeding $2,500. If the viola- tion is of a continuing nature, each one hour pehod of violation of any provision of this chapter shall constitute an addi- tional, separate and distinct offense. B. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter. II. SEVERABILIT¥ If any clause, sentence, paragraph, section, or part of this Local Law shall be adiudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitution- al or invalid. IlL EFFECTIVE DATE This Local Law shah take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: May 24, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Nevi0e Town Clerk 10290-1T 6/23 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~:g~ day of~:_, 2011, she affixed a notice of which the annexed printed notice is a true co~Sy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Noise Ordinance O Elizab~t-h A. Neville Southold Town Clerk Sworn before me this 7t~ day of~, 2011. Notary Ptiblic~ LIt4DA J C;O~,r ~ NOTARY PUBLIC, State of New York PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair V/ILL/AM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED To: Cc: From: Date: Re: Elizabeth A. Neville, Town Clerk Town Board, Town Attorney JUN 2 9 Southold Tow~ Clerl, Martin Sidor, Chairman, Southold Planning Board June 20,2011 "A Local Law in Relation to the Prevention in Control of Noise Pollution in the Town of Southold." Thank you for the opportunity to provide comments on the proposed Local Law referenced above. The Planning Board has reviewed the proposed legislation and has one proposed change as follows: §200-7 A.1. "... of homeowner's light residential outdoor equipment with mufflers or commercial service equipment with mufflers,..." Absent this addition, it would seem that commercial service equipment could be operated without mufflers while homeowners equipment must have mufflers. To be fair and consistent with the purpose of this chapter, both should be required to have mufflers. COUNTY OF SUFFOLK SUFFOLK COUNTY EX.ECUTIVE DEPARTMENT OF PLANN]NG SARAH LANSDALE, A.L¢.P. July 1,2011 Town of So.hold P.O. Box 1179 Southo[d, NY 11971 Al!:n: Lyrm Krauza, Seemtm7 to the Tow~ Attorney JUL, 1 2,3tl Applicant: Town of Southold ~oning Action: Amendments: Chapter 200 "Prevention and control of Noise Pollution"; Chapter 260 '~Veh~eles and Tra.flic~ P~k~g on Fa~o~ Avenue, Public He .afl,ag Date: 7/5/11 S.C.P.D. File No: SH-11-LD Parsuaat to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to ~e Suffolk Couuty Plaa~g Commission is con~dered to be a matter for local deteh.ination as there is uo apparem signilScant cotmty-wide or inter-community impact(S). A declsfor~ of local deterroination should not be considered as either an approval or disapproval, Collltne~ts: cc: Elizabeth Neville. Town Clerk Very Truly yours, Sarah Lat~dale Chief Planner LOCA'I'IO N MAILING ADDRESS H. LEE DENNISON ~LDG.. 4TH FLOOR P, O. BOX 6100 (631) 853-5191 100 vETERANS MEMORIAL HICHWAY HAUPPAUGE, NY 1175S.0099 TEI.ECOPIER (631) 853..4044 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 $outhold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: June 30, 2011 Re: "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney $17,20 Appendix ¢ State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~pllcant or Project Sponsor) 1 APPLICANT/SPONSOR 12. PROJECT NAME Town of Southold Town Board lA Local Law in relation to Prevention and Control of Noise 3. PROJECT LOCATION: Municipality Snuthold County Suffolk 4. PRECISE LOCATION (Streel address and mad Intersections. promlnenl landmarks, etc.. or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSED ACTION IS: [] New [] Expans~o~ [] Modification/alteration (}. DESCRIBE PROJECT BRIEFLY: "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold"~ 7, AMOUNT O LANDAFFECTED: Initially N~ acres Ultimataty NA acres 8. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No IfNo, descdbe briefly 9. WHAT ,S PRESENT LAND USE IN VICINITY OF PROJECT? Descrl~e:.esidenlia, [] Industrial [] Commercial [] Agricu,tare [] park/Forest/Opert Space [] Othe~ 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes -- U No if Yes. list agency(s) name and permit/approvals: Approval from Ibc New York State Department of State 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L.] Yes [] No If Yes, list ager~y(s) name and [~ermit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/spenser name: Date: June 30. 2011 Signature: I If the action is in the Coastal Area and you are a state ag,ency, complete the Coasta Assessment Form before proceedinl~ with this assessment I OVER PART II - IMPACT AS*~F-~MENT (To be completed by Lead Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~] Yes r~lNo B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? if No, a negati'~ declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Extsgng air quality, surface or groundwater quality or quantity, noise levels, existing Iraflic pattern, solid waste production or disposal, potential fo~ erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or cther natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as off. ally adopted, or a change ia use or intensity of use of land or cther natural resources? Explain briefly: None C5. Growth, aubsequent development, or related activities likely ts be induced by the proposed action? Explain bhefly: None C6, Long term, short term, aJmulalive, or other effects not identified in C1-C57 Explain briefly: None C7. Other tmpacts (thcled~ng changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Ye~ [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be comptetad by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant, Each effect should be assessed in connection with its (a) setting (i.e, urban or rural); (b) probability of occurring; (c) duration; (d) in'eversibility; (e) geographic scope; and (f} magnitude. If necessanj, add attachmenls or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed If question D of Part II was checked yes, the determination of significance must evaluata the potential impact of the I~reposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentiallylarge or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or pmpem a positiv~ de~aration. [] Check this box if you have deterrnlned, based on the In~rmation and anstysis above and any supporting douumentstion, that the proposed notion WI LI NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the masons supporting Ihis determination Town of Southold Town Board Name gl Lead Agency Scott Russell Pdnt or Type Name of Responsible Of~cor in Lead Agency Signature of Rssponsibfe Officer in Lead Agency June 30, 2011 Date Supervisor T~tle of Responsible Officer Signature of E Iron,cot) ~re~ f d torch LEGAL NOTICE NOTICE of PUBLIC HEARING WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". 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 5th day of July 2011 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: §200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law of Southold Town." §200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a respite from the noise and turmoil which has become an integral part of life in the city and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, safety, welfare and prosperity of the Town of Southold and its inhabitants. §200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regulations intended to govern noise pollution within the entire Town. §200-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND - Sound which has its volume increased by electronic means. CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity or non-profit organization. COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commemial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc. CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A- weighing network. DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine- powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. NOISE POLLUTION -Airbome or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 200-5. General prohibition. No person or persons owning leasing or controlling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in §200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times. § 200-6. Standards. No person shall create or cause to be emitted any noise pollution which when measured on a sound-level meter at or beyond the property line closest to where the noise is generated or from the property line of a complaining property owner exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. B. Friday and Saturday: (i) from 7:00 a.m. to 11:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 11:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. § 200-7. Exceptions. A. The provisions of §200-5 and §200-6 shall not apply to the following: 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. Noise from agricultural equipment. Noise from church bells or chimes used. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. Noise from municipally sponsored celebrations or events. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. Emergency construction or repair work. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter. Emergency stationary and mobile signal devices. Audible exterior burglar alarms in operation for 15 minutes or less. § 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 200- 9. Penalties for offenses. A. Any person who shall violate any provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: May 24, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON June 23, 2011, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board Web site Town Board Members Accounting Dept. Town Attorney Building Dept ELIZABETH A. NEVILLE, 1/MC, CMC TOWN CLERK REGISTRAR 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 southoldtown.northfor k.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 1,2011 Re: Resolution Number 2011-408 "A Local Law in Relation to the Prevention and Control of Noise Pollution in the Town of Southold. Martin Sidor, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: The Southold Town Board at their regular meeting held on May 24, 2011 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 7:35P.M., Tuesday, July 5, 2011. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Enclosure cc: Town Board ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 1,2011 Re: Resolution Number 2011-408" A Local Law in Relation to the Prevention and Control of Noise in the Town of Southold. Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppau§e, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on May 24, 2011 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Department for their review. The date and time for this public hearing is 7:35 P.M., Tuesday, July 5, 2011. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, $outhold lown Clerk Enclosure cc: Town 8oard RESOLUTION 2011-409 ADOPTED DOC ID: 6898 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-409 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 2011: RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" to the Southold Town Planninll Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell RESOLUTION 2011-408 ADOPTED DOC ID: 6897 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-408 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 2011: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". 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 5th day of July 2011 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold'. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: §200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law of Southold Town." §200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a respite from the noise and turmoil which has become an integral part of life in the city and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, Resolution 2011-408 Board Meeting of May 24, 2011 safety, welfare and prosperity of the Town of Southold and its inhabitants. {}200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regulations intended to govern noise pollution within the entire Town. §200-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND - Sound which has its volume increased by electronic means. CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity or non-profit organization. COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc. CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network. DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: Updated: 5/25/2011 2:23 PM by Linda Cooper Page 2 Resolution 2011-408 Board Meeting of May 24, 2011 1. Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. 2. The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 200-5. General prohibition. No person or persons owning leasing or controlling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in {}200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times. § 200-6. Standards. No person shall create or cause to be emitted any noise pollution which when measured on a sound-level meter at or beyond the property line closest to where the noise is generated or from the property line of a complaining property owner exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. B. Friday and Saturday: (i) from 7:00 a.m. to 11:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 11:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. § 200-7. Exceptions. The provisions of §200-5 and {}200-6 shall not apply to the following: 1. The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. 2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions Updated: 5/25/2011 2:23 PM by Linda Cooper Page 3 Resolution 2011-408 hereof. 3. 4. 5. 10. Board Meeting of May 24, 2011 11. 12. 13. 14. 15. Noise from agricultural equipment. Noise from church bells or chimes used. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. Noise from municipally sponsored celebrations or events. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. Emergency construction or repair work. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter. Emergency stationary and mobile signal devices. Audible exterior burglar alarms in operation for 15 minutes or less. § 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 200- 9. Penalties for offenses. A. Any person who shall violate any provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Updated: 5/25/2011 2:23 PM by Linda Cooper Page 4 Resolution 2011-408 Board Meeting of May 24, 2011 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 5/25/2011 2:23 PM by Linda Cooper Page 5 Points of Reference *measured in dBA or decibels · 0 The softest sound a person can hear with normal hearing · 10 normal breathing · 20 whispering at 5 feet · 30 soft whisper · 50 rainfall · 60 normal conversation · 110 shouting in ear · 120 thunder Home Work · 50 refrigerator · 40 quiet office, library · 50 - 60 electric · 50 large office toothbrush~ · 65 - 95 power lawn · 50 - 75 washing mower machine · 80 manual machine, · 50 - 75 air conditioner tools · 50 - 80 electric shaver · 85 handsaw · 55 coffee pemolator · 90 tractor · 55 - 70 dishwasher · 90 ~ 115 subway · 60 sewing machine · 95 electric drill · 60 - 85 vacuum cleaner · 100 factory machinery · 60 - 95 hair dryer · 100 woodworking class · 65 - 80 alarm clock · 105 snow blower · 70 TV audio · 110 power saw · 70 - 80 coffee grinder · 110 lealBlower · 70 - 95 garbage · 120 chain saw, hammer disposal on nail · 75 - 85 flush toilet · 120 pneumatic drills, · 80 pop-up toaster heavy machine · 80 doorbell · 120 jet plane (at ramp) · 80 ringing telephone · 120 ambulance siren · 80 whistling kettle · 125 chain saw · 80 - 90 food mixer or · 130 jackhammer, power processor drill · 80 - 90 blender · 130 ak raid · 80 - 95 garbage · 130 percussion section disposal at symphony · 110 baby crying · 140 airplane taking off · 110 squeaky toy held · 150 jet engine taking off close to the ear · 150 artillery fire at 500 · 135 noisy squeeze toys feet · 180 rocket launching from pad Recreation · 40 quiet residential area · 70 freeway traffic · 85 heavy traffic, noisy restaurant · 90 truck, shouted conversation · 95 - 110 motorcycle · 100 snowmobile · 100 school dance, boom box · 110 disco · 110 busy video arcade · 110 symphony concert · 110 car horn · 110 -120 rock concert · 112 personal cassette player on high · 117 football game (stadium) · 120 band concert · 125 auto stereo (factory installed) · 130 stock car races · 143 bicycle horn · 150 firecracker · 156capgun · 157 balloon pop · 162 fireworks (at 3 feet) · 163 rifle / · 166 handgun · 170shotgun