Town Clarifies Noise Ordinance

Huntington Town Attorney Cindy Mangano clarified amendments to the Town's noise ordinance passed Tuesday, saying that they are targeted to better enforce noise violations at large gatherings.

Mangano said the amendment targets people having a special event, which she defined as "something like a large party with 50 to 100 people or more" featuring amplified music. 

Related: Update: Town Holds Loud Partiers Accountable

"What was happening was that someone like the DJ would go and get the permit and the police would be called and no one could be found to be held responsible for the party," she said. "Now we're holding the property owner responsible as well as the person who applied for the permit."

Although what constitutes a special event is not specifically denoted in the amended code, Mangano said it is implicit in what is required in obtaining a permit. A section from the amended code detailing the application for permit to use an amplified sound device is as follows:

Section 141-11 [E.] Application for Permit.

(B) If the agent is the applicant, then the application shall be consented to and acknowledged in writing by the owner or lessee of the property, and same shall be bound by the statements in the application; the terms, conditions, and restrictions of the permit; and the provisions of this chapter in the same manner as the agent.

(C) Such application shall contain in the name, address and contact numbers of the property owner and the person in possession or in-charge of the property, their designated agents, and the name, address and contact numbers of the disc jockey, band, entertainer or person appearing or providing services at the event, if applicable; shall describe the event; the specific location where the sound device or apparatus is proposed to be used; the date and hours of day during which it will be used or operated; [the volume of sound which is proposed to be used, measured by decibels or by any other efficient method of measuring sound] the nature and type of sound apparatus to be used; and such other pertinent information as the Town Clerk may deem necessary to carry out the provisions of this [section] chapter.

The Town defines a sound device or apparatus as "any radio device or apparatus or any device or apparatus for the ampliification of any sound from any radio, phonograph or other sound-making or sound-producing device, or any device or apparatus for the reproduction of or amplification of the human voice or other sounds."

The portion meant to hold homeowners or lessees accountable as well as third party agents such as party planners or DJs is laid out here:

Section 141-9 [D.] Permit required for use of sound devices other than for advertising purposes. It shall be unlawful for any [person] property owner or person in possession or in-charge of the property, their designated agents, and any disc jockey, band, entertainer or person performing, appearing or providing services at the event to use operate, or to cause to allow the use or operation of any sound device or apparatus in, on, near, or adjacent to any [public] street, park or place unless [he shall have first obtained] a sound permit for such use or operation has been [, to be] issued by the Town Clerk in the manner hereinafter prescribed, and unless he shall comply with the provisions of this section and the terms and conditions described in such permit.

Mangano said the permit requirement is not intended to target people having small get togethers such as backyard barbecues. A list of exemptions in the amended code includes one "personal use" of a sound amplifying device:

Section 141-10. Exemptions. No sound permit shall be required in the following circumstances:

(G) Residential property owners or lessees who use a sound device for personal purposes at their residences and not in connection with a special event at the site as long as such devices are not unreasonably loud or disturbing or of such character, intensity, or duration as to be detrimental to the peaceful and tranquil enjoyment of surrounding properties and the community-at-large.

Fines for violating the code were raised from a $50 to $100 minimum for first offense in the amended code.

The full noise ordinance can be viewed online here through the Town's website. It has not been updated at the time of this article's publication to reflect the amendment passed Tuesday.