TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 251, entitled “Chapter 251. Noise, Public Nuisances and Property Maintenance” of the Riverhead Town Code as it relates to Noise under Article 1 thereof, at its regular meeting held on April 19, 2022.
Be it enacted by the Town Board of the Town of Riverhead as follows:
CHAPTER 251
CHAPTER 251. NOISE, PUBLIC NUISANCES AND PROPERTY MAINTENANCE
Chapter 251. Noise, Public Nuisances and Property Maintenance
Article I. Noise
§ 251-1. Definitions; word usage.
NOISE
Any airborne sound of such level and duration as to be or tend to be injurious to human health or welfare or that would unreasonably interfere with the enjoyment of life or property.
NOISE POLLUTION
The presence of that amount of acoustic energy for that amount of time necessary to:
(1) Cause temporary or permanent hearing loss in persons exposed;
(2) Be otherwise injurious or tend to be, on the basis of current information, injurious to the public health or welfare;
(3) Cause a nuisance;
(4) Exceed standards or restrictions established herein; or
(5) Interfere 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:
(a) Yelling, shouting, hooting, whistling or singing on the public streets or from private property at any time that annoys or disturbs the quiet comfort or repose of person or persons in the vicinity and that such noise is plainly audible at a distance of 50 feet from the area, building, structure or vehicle from which such noise emanates.
(b) The using or operating of or permitting to be played, used or operated any sound reproductive device as defined herein, including but not limited to any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound from a sound source site in such manner as to be plainly audible from a neighboring inhabitants real property line, in a manner that does disturb the peace, quiet and comfort of the neighboring inhabitants. and in such a manner as to be plainly audible at a distance of 50 feet from the area, building, structure or vehicle in which it is located.
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
PLAINLY AUDIBLE
Any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute the sound being plainly audible.
UNREASONABLE NOISE
Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business, except the sound from raceways pursuant to Chapter 259, Raceways, and to agricultural operations. Standards to be considered in determining whether unreasonable noise exists in a given situation include, but are not limited to, the following:
(1) The volume of the noise.
(2) The intensity of the noise.
(3) Whether the nature of the noise is usual or unusual.
(4) Whether the origin of the noise is usual or unusual.
(5) The volume and intensity of the background noise, if any.
(6) The proximity of the noise to residential sleeping facilities.
(7) The nature and zoning district of the areas within which the noise emanates.
(8) The time of day or night the noise occurs.
(9) The time duration of the noise.
(10) Whether the sound source is temporary.
(11) Whether the noise is continuous or impulsive.
(12) Whether the noise is plainly audible and causing noise pollution as defined herein.
(14) Whether the noise is scheduled and routinely transmitted from a particular sound source site on certain days of the week for prolonged durations.
§ 251-5. Prohibited acts.
No person shall make, continue or cause or suffer to be made or continued any unreasonable noise or noise pollution as defined in § 251-1 hereof. In particular, without limitations of the foregoing provision of this section, the following enumerated acts are declared to be in violation of this section:
A. Sound reproduction devices.
(1) No person shall operate or cause to be operated a sound reproduction device that produces unreasonable noise or noise pollution as defined in 251-1 of this chapter. The operation of any such device in such a manner as to create unreasonable noise or noise pollution across a person(s) real property line boundary or the operation of such device by a passenger of a vehicle in such a way as to disturb any other person is prohibited.
(2) No person shall operate, use or cause to be operated or used any sound reproduction device for commercial or business advertising purposes or for the purposes of attracting attention to any performance, show or sale or display of merchandise in connection with any commercial operation, including but not limited to the sale of radios, televisions, phonographs, tape recorders, phonograph records or tapes; in front or outside of any building, place or premises abutting or adjacent to a public street, park or place, where the sound therefrom may be heard upon any public street, park or place or from any stand, platform or other structure; or on a boat or on the waters within the jurisdiction of the Town of Riverhead; or anywhere on public streets, parks or places. Nothing in this subsection is intended to prohibit sounds emanating from sporting, entertainment or other public events held on property of the Town of Riverhead or School District so suited for such activities, provided that proper authorization from the Town of Riverhead has been obtained.
§ 251-8. Penalties for offenses.
A. Any person who violates any provision of this article shall be guilty of a violation and shall be subject to a fine not to exceed $250 for each offense.
B. Each day (twenty-four-hour period) of violation of any provision of this article shall constitute a separate offense.
Each violation of this article shall be punishable as follows:
A. For the first offense, no less than $250, but no more than $750. Each noise event permitted to continue or exist shall constitute a separate additional offense subject to the penalty provisions in § 251-8.1B and C as applicable. For the purposes of this section §251-8 a noise event shall be an event which may occur 15 minutes after the first offence or up to thirty (30) days thereafter whereby a summons has already been issued and properly served upon any person as defined herein.
B. For the second offense of a noise event, no less than $750, but no more than $1500.
C. For the third offense of a noise event, of which is committed within any one (1) year period, no less than $1500, but no more than $2,500.
Dated: Riverhead, New York
May 3, 2022
* Underline represents addition(s)
* Overstrike represents deletion(s)
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
