Residents overwhelmingly supported proposed changes to the town code that aim to crack down on noise pollution and increase fines for violations during a public hearing on Tuesday.
The proposed amendment to Chapter 251 “Noise, Public Nuisances and Property Maintenance” would allow code enforcement officers and police to issue violations for loud music produced by sound reproduction devices, like amplifiers, without needing to do a comprehensive sound study, Town Attorney Erik Howard said.
The amendment would add a new definition for “plainly audible” as “any sound that can be detected by a person using his or her unaided hearing faculties,” including just the rhythmic bass component of the music. For noise pollution to occur, a sound reproduction device from a source site has to “be plainly audible from a neighboring inhabitants real property line . For the purpose of an investigation into a “plainly audible” noise, the enforcement officer would not need to determine any specific title, words or artist of the song, according to the draft of the amendment.
The amendment also modifies the fine structure to a tiered system and increases fines from $250 for each offense, to $250-$750 for the first offense, $750-$1,500 for the second offense and $1,500-$2,500 for the third and every consecutive offense within a one year period. It also allows a noise violation to be issued to the same source only 15 minutes after a prior violation.
The flurry of comments in support of the amendment came mainly from Jamesport residents, who live near the Dimon Estate — formerly known as the Jamesport Manor Inn — where surrounding residents have long complained about noise coming from outdoor weddings. The town has also been involved in multiple lawsuits with the owner, Kar-McVeigh, most recently seeking a permanent injunction against the use of the property for catering, outdoor events and weddings. Most recently, Kar-McVeigh’s request to build a barn on the property to accommodate catered events and address noise-related complaints was denied by the Zoning Board of Appeals.
“I want to thank the town board for realizing that we have a serious noise problem in the Town of Riverhead and for taking steps to correct it with this new noise ordinance,” said Bonnie Schmidt, who lives on Manor Lane, the same road as the Dimon Estate.
Schmidt said calls from her and her neighbors reporting unreasonable noise from the Dimon Estate have “proven to be uneffective,” because the volume gets manipulated by the venue when police approach.
“Again the noise ordinance is a step in the right direction as long as it can be enforced. I don’t feel that neighbors have to be calling the police and feeling that we’re bothering them because we know there’s more serious calls that they may have to respond to,” Schmidt said. “It’s just an exasperating history that I’ve had in the past with noise from this area.”
Robert Skinner, who lives on Eileen Circle in Jamesport, agreed with Schmidt that the amendment will aid residents in the area.
“So we’re not just talking about this one particular venue. We’re talking about the proliferation of other venues that may come up, so this amendment or amended proposal would have utility throughout the town,” Skinner said.
Skinner said the town also has to hold DJs accountable for the noise produced. Howard said the new code allows the town to issue summons to anybody operating the sound reproduction device.
Councilman Tim Hubbard added further that the law will end up resulting in the interruption of weddings. “That interruption in daddy-daughter’s special day is not going to last long for a business that’s trying to do weddings,” he said. “That’s gonna interrupt regardless of what the fines are, which the fines have increased substantially. We’ll put this all together and it’s going to make it harder for a venue to have an outdoor wedding in that area, or in other areas that would create the same disturbance to people’s right to a quiet neighborhood.”
John Cullen of Northville said he dealt with noise from helicopters for many years and empathizes with the residents in Jamesport. He said that “every taxpayer in Riverhead deserves peace and quiet.”
“I join these people looking for peace and quiet. I hope they get it,” Cullen said.
South Jamesport Avenue resident Jim Farley disagreed with most of the speakers at the hearing. He believes the amendment does not go far enough and “the fines are a joke, it should be a cease and desist. In other words, you violate the code, you’re closed,” he said.
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