Public Hearing: Southold Proposed Noise Code w/ Leaf Blower Addition

Here is a link to the entire Southold Town Noise Code. The proposed amendments to this code only apply to gas-powered leaf blowers as they are much louder than other types.

Town of Southold, NY Code Ch 180: Noise, Prevention of https://ecode360.com/15368785?highlight=&searchId=12801557580074669#15368785

WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of June, 2021, a Local Law entitled “A Local Law in relation to Amendments to Chapter 180, Noise, Prevention of ” now, therefore, be it

RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 10th day of August, 2021 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard.

The proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 180, Noise, Prevention of” reads as follows:

LOCAL LAW NO.      2021

A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 180, Noise, Prevention of ”.

BE IT ENACTED by the Town Board of the Town of Southold as follows:

§ 180-4 Definitions.

As used in this chapter, the following terms shall have their meanings indicated.

AIRBORNE SOUND

Sound that reached the point of interest by propagation through the air.

AMPLIFIED SOUND

Sound which has its volume increased by electronic means.

CHARITABLE EVENT

An event whose sole purpose is to raise money for a specific charity or nonprofit organization.

COMMERCIAL LANDSCAPER

An individual, firm, corporate or other entity performing commercial landscaping services.

COMMERCIAL LANDSCAPING

The business or trade of rendering any landscaping services, as defined herein, either as principal, independent contractor, or through an agent or employee, for a fee, charge, or other compensation, to or for the benefit of any owner, tenant, or occupant of any lot, plot, or parcel of land.

COMMERCIAL SERVICE EQUIPMENT

All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc.

CONSTRUCTION DEVICE

Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes.

dB(A)

The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network.

DECIBEL (“dB”)

The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound.

GAS POWERED LEAF BLOWER

A portable, handheld or backpack style power equipment that is powered by fuel and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, moving, removing, dispersing, vacuuming or redistributing leaves, dust, dirt, grass clippings, cuttings, and trimmings from trees and shrubs or any other type of litter or debris.

HOLIDAYS

New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, the Fourth of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.

HOMEOWNER’S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT

All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner’s light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc.

LANDSCAPING

The maintaining of and/or providing care of lawns, including but not limited to mowing, cutting and trimming, also the gathering, raking, blowing, and/or removal of leaves, grass or lawn clippings and/or other debris, on any lot, plot or parcel of land. This includes regular maintenance as well as fall and spring clean-ups.

NOISE POLLUTION

Airborne or amplified sound which:

A. Causes temporary or permanent hearing loss in persons exposed; or

B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or

C. Disturbs a reasonable person of normal sensitivities;

D. Exceeds standards or restrictions established herein; or

E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business:

(1)       Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property.

(2)       The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property.

PERSON

An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties.

SOUND-LEVEL METER

An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters.

§ 180-7 Prohibited noises; evidence of violation.

A. Notwithstanding the provisions of sections 180-5 and 180-6 the following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter:

  1. The operation of any gas-powered leaf blower device by commercial landscapers performing commercial landscaping services during the following days and times shall be deemed noise pollution:

    (a) Monday through Friday prior to 8:00 a.m. or after 6:00 p.m.; or

    (b) Saturday prior to 9:00 a.m. or after 5:00 p.m.; or

    (c) Sunday or holidays.

In the event of an emergency as determined by the Town Supervisor, or the Supervisor’s designee, the restrictions set forth herein may be suspended.

  • 180-78 Exceptions.

A. The provisions of § § 180-5 and 180-6 shall not apply to the following:

(1)       The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner’s light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof.

(2)       Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof.

(3)       Noise from agricultural equipment.

(4)       Noise from church bells or chimes used.

(5)       Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal.

(6)       Nonamplified noise generated from lawful athletic or recreational activities, events, or facilities.

(7)       Nonamplified noise from organized activities sponsored by any school district, private school or fire district or department within the Town of Southold.

(8)       Noise from municipally sponsored celebrations or events.

(9)       Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code.

(10)     Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way.

(11)     Emergency construction or repair work.

(12)     Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties.

(13)     Noncommercial amplified sound that does not exceed the noise standard established in §

§ 180-6 of this chapter.

(14)     Emergency stationary and mobile signal devices.

(15)     Audible exterior burglar alarms in operation for 15 minutes or less.

B. The provisions of 180-7 shall not apply to the following:

(3) The use of gas-powered leaf blowers by commercial landscapers performing commercial

landscaping services at cemeteries, golf courses, government and public school-owned properties,

 or in commercial and industrial zones.

§ 180-89 Enforcement.

The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement.

§ 180-910 Penalties for offenses.

A. Any person who shall violate any provisions of this chapter, except section 180-7 shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one-hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense.

B. Any person who shall violate any provisions of section 180-7 of this chapter shall be guilty of a violation punishable by a fine no less than $250 and not exceeding $1000; and upon conviction of a subsequent offense within 2 years of the first conviction, the fine shall be no less than $2500 and not exceeding $5,000. If the violation is of a continuing nature, each one-hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense.

B. C. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter.

Proposed Noise Code w/ Leaf Blower Addition-002

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