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
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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.
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§ 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
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July 5, 2011
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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