Draft Local Law – Noise



Section 1.0 Enactment, Effective Date, Purpose and Definitions.
1.1 Title of Local Law
1.2 Enactment
1.3 Effective Date
1.4 Findings.
1.5 Purpose and Intent of Local Law.
2.1 Unreasonable Noise Prohibited
2.2 Amplified Sound
3.1 Specific Violations
4.0 Violations, Penalties and Fines.
5.0 Severability

Section 1.0 Title, Enactment, Effective Date, Purpose, and Definitions

1.1 Title
This Local Law shall be entitled ?Local Law No.5 of 2016 of the Incorporated Village of Dering Harbor, a Local Law Adopting Regulations Regarding Noise in the Village of Dering Harbor?

1.2 Enactment
Pursuant to Section 10 of the Home Rule Law and the Village Law of the State of New York, the Incorporated Village of Dering Harbor, County of Suffolk and State of New York, hereby enacts by this Local Law of 2016, a Local Law of the Village of Dering Harbor.

1.3 Effective Date
This local law shall take effect upon the filing of the approved Local Law with the Secretary of State of New York, which shall be within twenty (20) days after its approval by the Board of Trustees of the Village of Dering Harbor.

1.4 Findings
The Board of Trustees of the Village of Dering Harbor determines and finds that it is in the best interests of the Village, its residents, property owners and guests, and of the preservation of good order and public safety in the Village of Dering Harbor to control the level of noise in the Village. The Village of Dering Harbor is an entirely residential Village with less than 40 residences, the large majority of which are used mostly on weekends and during the summer and at other times by residents seeking peace and quiet. The quiet and calm of the Village are special attributes that residents value in the Village.

1.5 Purpose and Intent of Local Law.
The purpose and intent of this Local Law is to protect the well-being of the residents of the Village and their guests and families as well as the atmosphere and peace and tranquility of the Village by controlling noise in the Village. The Village is also enacting this law to minimize the noise during the weekends, summer and other times that residents use their homes in the Village.

2.1 Unreasonable noise prohibited
It shall be and hereby is prohibited for any person or party within the geographical boundaries of the Village or within those areas over which the Village has jurisdiction including the waters and beaches adjacent thereto, to make, cause, allow or permit to be made any noise of a type or volume which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities.

2.2 Amplified Sound
No person shall operate, use, cause or permit to be operated any device creating amplified sound that produces a sound level measured at or beyond the property line of the generating property in excess of 50 decibels (A-weighted).

3.1 Specific Violations
Use or operation of any gas or diesel powered landscaping equipment such as a lawn mower, lawn or hedge trimmer, chain saw or leaf blower except as follows:

A. From May 1 until Columbus Day: Monday – Friday: 8:00 A.M. – 5:00 P.M.

Operation of such equipment is prohibited on Saturday, Sunday and Holidays including Memorial Day and July 4. When July 4 falls on a Tuesday, operation of such equipment is prohibited on July 3. When July 4 falls on a Thursday, operation of such equipment is prohibited on July 5.

B. From Columbus Day until May 1: Monday – Saturday: 8:00 A.M. – 6:00 P.M.

Operation of such equipment is prohibited on Sunday and Holidays, including Thanksgiving, Christmas, New Years Day, Martin Luther King Day and Presidents Day.

C. This section shall be suspended during the clean up period following a major storm.

D. Nothing in this Local Law will prohibit the operation of such equipment by a homeowner on his/her own property on Saturday from 10:00 A.M. – 5:00 P.M.

4.0 Violations, Penalties and Fines
There shall be a fine of not more than two hundred and fifty dollars ($250) for the first and every subsequent offense. If the violation is of a continuing nature, each one hour period of violation shall constitute an additional offense. If the offense continues more than 30 minutes after a Shelter Island Police Officer requests that it cease, a fine of up to $10,000 may be imposed.

5.0 Severability.
In the event that any section or portion of this Local Law shall be deemed to be unenforceable or of no effect, the remainder of the Local Law shall survive and remain in full force and effect.