Country Club Blasting Music Outdoors (New York, Hempstead: sale, attorney, neighborhood)

[longislandicedteaforme]

Hi all,
I live next to the Hempstead Country Club and those s blast music throughout the summer that is inescapable from anywhere in my house. Is there anyway to get them to stop or be forced indoors at least? Is there some office our council member to talk to? Our evenings are ruined. I just don't understand how it's legal to have raging parties/club atmosphere in a residential neighborhood like this.
Thanks for your help.

[lifetimeliguy]

Originally Posted by longislandicedteaforme

Hi all,
I live next to the Hempstead Country Club and those s blast music throughout the summer that is inescapable from anywhere in my house. Is there anyway to get them to stop or be forced indoors at least? Is there some office our council member to talk to? Our evenings are ruined. I just don't understand how it's legal to have raging parties/club atmosphere in a residential neighborhood like this.
Thanks for your help.

In situations like this it's best to fight fire with fire . Find a neighborhood kid with a great car stereo system, have him download a Bee Gees album from Itunes to his IPOD, give him a hundred bucks to park just outside the front entrance to play his recent download.

[Walter Greenspan]

Have you made any inquiries about what is happening at the Village of Hempstead village hall?

[longislandicedteaforme]

That I have not...I just checked out their website and the only way to contact them is through e-mail. Any idea if they have names and phone numbers listed somewhere? Thanks for the idea.

[Walter Greenspan]

Originally Posted by longislandicedteaforme

That I have not...I just checked out their website and the only way to contact them is through e-mail. Any idea if they have names and phone numbers listed somewhere? Thanks for the idea.

According to Village of Hempstead Mayor's office

Wayne J. Hall, Sr.
Mayor
516-478-6200

Michelle Banks
516-478-6263

Nakeda Ellis
516-478-6324


According to Village of Hempstead Village Clerk's office

Maryellen Hillmann
Village Clerk
(516) 478-6201

Patricia Perez
Deputy Village Clerk/Bilingual
Empleada/Bilinque
(516) 478-6202

[killerz298]

Have you tried going to the business directly and discussing it with them first? Perhaps you can come to an agreement with them. It is worth a try.

[longislandicedteaforme]

Thanks Walter...I'm def. going to try those numbers tomorrow.
killerz, I remember years ago calling them to complain about it (it was around midnight) and they ignored me. I called the police to complain and they said they've been there for years. This summer is just ridiculous though, it's like they've turned up the volume and the base. It really ruins your evening...can't sleep, can't watch a movie/TV, can't read. Ugh.

[Johninwestbury]

I didn't think of Country Clubs as blasting music....well this is HEMPSTEAD CC

[Walter Greenspan]

Originally Posted by longislandicedteaforme

I called the police to complain and they said they've been there for years.

Hempstead Village police or Nassau County police?

[killerz298]

If you are really serious about this here is what you have to do. Set up a camera for a few nights so that you can document what is happening. Try to show where the sound is coming from and what time it is happening. Next, you need to get the names of a few neighbors who feel the same way you do who wouldn't mind if you put their names in a letter. Finally, you need to send a well written letter (be very careful how you word the letter. You don't want to sound threatening or obnoxious) to the town, and cc the police department and the town attorney's office (who will ultimately handle any case against the business.) In your letter, include all the steps you have taken to remedy this situation, tell them you have video of the problem, and mention if something isn't done about the situation you will contact the local media. Have your letter signed by all the neighbors you can find. Whenever you are dealing with politicians there is strength in numbers.


Here is what I found in the Hempstead town code. I don't know if businesses have an exemption but I don't think they do.

http://gcp.esub.net/cgi-bin/om_isapi.dll?clientID=181870&depth=3&hitsperheadin g=on&infobase=hempstd.nfo&record={10035BF}&softpag e=Document42



[SIZE=3]Chapter 144, UNREASONABLE NOISE[/SIZE]


[SIZE=3][HISTORY: Comes from Ord. No. 25, adopted 9-12-1950, effective 11-20-1950; amended in its entirety 11-1-1983 by Local Law No. 99, 1983, effective 11-7-1983.][/SIZE]

[SIZE=2]GENERAL REFERENCES[/SIZE]

[SIZE=2]Special events -- See Ch. 105.[/SIZE] [SIZE=2]Peddlers, solicitors and canvassers -- See Ch. 118.[/SIZE] [SIZE=2]Sunday exhibitions -- See Ch. 122.[/SIZE] [SIZE=2]Explosives -- See Ch. 150.[/SIZE]

[SIZE=3]ARTICLE I, General Provisions [/SIZE]

[SIZE=3]� 144-1. Definitions.[/SIZE]

[SIZE=3]� As used in this Article, the following terms shall have the meanings indicated:[/SIZE]

[SIZE=3]DECIBEL -- A unit for measuring the volume of sound, equal to twenty (20) times the logarithm to the base 10 of the ratio of the pressure of sound measured to the reference pressure, which is twenty (20) micropascals or twenty (20) micronewtrons per square meter.[/SIZE]

[SIZE=3]DEMOLITION -- Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.[/SIZE]

[SIZE=3]NOISE -- Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.[/SIZE]

[SIZE=3]NOISE DISTURBANCE -- Any sound which either endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivity or endangers or damages property; same as "unreasonable noise."[/SIZE]

[SIZE=3]REAL PROPERTY BOUNDARY -- An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by another person, but not including intrabuilding real property divisions.[/SIZE]

SOUND -- An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of the sound being described.

[SIZE=3]UNREASONABLE NOISE -- Any sound which either endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivity or endangers or damages property; same as "noise disturbance."[/SIZE]

[SIZE=3]� 144-2. General prohibitions.[/SIZE]

[SIZE=3]A.It shall be unlawful and an offense against this chapter for any person to unreasonably make, continue or cause to be made or continued any unreasonable noise or noise disturbance.[/SIZE]

[SIZE=3]B.Sound emanating from public speaking and public assembly activities conducted on public property shall be exempt from the provisions of Subsection A of this section.[/SIZE]

[SIZE=3]� 144-3. Specific prohibitions.[/SIZE]

[SIZE=3]� Any conduct contributing toward participation in any of the following activities hereby are declared to be offenses against this chapter:[/SIZE]

[SIZE=3]A.The sounding of any horn or signal device on any automobile, motorcycle, truck, bus or other vehicle, except as a warning signal pursuant to the provisions of the Vehicle and Traffic Law of the State of New York.[/SIZE]

[SIZE=3]B.Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in such a manner as to create a noise disturbance across a real property boundary.[/SIZE]

[SIZE=3]C.Owning, possessing or harboring any animal or bird which howls, barks, meows, squawks or makes any other sounds which creates a noise disturbance across a residential real property boundary.[/SIZE]

[SIZE=3]D.The use of any automobile, motorcycle or other vehicle in such a manner as to create a noise disturbance across a residential real property boundary.[/SIZE]

[SIZE=3]E.The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger.[/SIZE]

[SIZE=3]F.The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine or motor vehicle, except through a muffler or other sound-dissipative device which effectively will prevent loud or explosive noises therefrom.[/SIZE]

[SIZE=3]G.The erection, including excavating, demolition, alteration or repair, of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in a case of urgent necessity in the interest of public safety, and then only with a permit from the Department of Buildings, which permit may be renewed for a period of three (3) days or less while the emergency continues.[/SIZE]

[SIZE=3]H.Creating or causing the creation of any sound on any street or public property adjacent to any school, institution of learning or court while the institution or court is in session, or adjacent to any hospital, which unreasonably interferes with the workings of the institution, court or hospital, provided that conspicuous signs are displayed in the area indicating that it is a school, hospital or court area.[/SIZE]

I.Loading, unloading, opening, closing or other handling of boxes, crates or other containers in such a manner so as to create unreasonable noise.

[SIZE=3]J.Offering for sale or selling anything by shouting or outcry or making any other types of shouting or outcry within a residential area, thus creating unreasonable noise across a residential real property boundary.[/SIZE]

[SIZE=3]K.The use of any loudspeaker or amplifier device such that the sound therefrom creates unreasonable noise across a real property boundary.[/SIZE]

[SIZE=3]L.Using any radio apparatus, loudspeaker, public address system or similar device between the hours of 11:00 p.m. and 9:00 a.m. producing sound across a real property boundary. Nothing herein contained shall be construed to prevent the operation of a radio apparatus, loudspeaker, public address system or similar device used in any reasonable manner within any building or structure that does not project sound across a real property boundary.[/SIZE]

[SIZE=3]M.Operating or permitting the operation of any mechanical powered saw, sander, drill, grinder, lawn or garden tool, snowblower or similar device, which creates an unreasonable noise across a real property boundary other than between the hours of 7:00 a.m. and 9:00 p.m. on any day.[/SIZE]

[SIZE=3]N.The operation of any machinery, equipment, pump, fan, exhaust fan, attic fan, air-conditioning apparatus or similar mechanical device in such a manner as to create an unreasonable noise across a real property boundary.[/SIZE]

[SIZE=3]O.Burglar or fire alarm.[/SIZE]

[SIZE=3](1)The installation, maintenance or use of any audible burglar alarm or fire alarm that is not provided with a device that will automatically shut off such alarm after thirty (30) minutes of continuous sound.[/SIZE]

[SIZE=3](2)Allowing or permitting such burglar alarm or fire alarm to emit sound audible beyond the real property boundaries of the user of said alarm for a continuous period of more than thirty (30) minutes, whether or not said alarm has been equipped with the automatic shutoff device hereinabove required.[/SIZE]

[SIZE=3]� 144-5. Limitation of noises.[/SIZE]

[SIZE=3]� No person shall operate or cause to be operated any mechanism or device, including but not limited to airplanes, which shall create a noise within the Town of Hempstead exceeding the limiting noise spectra set forth in Tables I and II, as follows:[/SIZE]
A.Table I.

[SIZE=3](1)Limiting noise spectrum for transient noise.[/SIZE]


[SIZE=2]Band Pressure Octave Band[/SIZE]
[SIZE=2]Level DecibelsCenter Frequency[/SIZE]
[SIZE=2]re 0.0002 Microbars(cycles per second)[/SIZE]
�
[SIZE=2]9263[/SIZE]
[SIZE=2]87125[/SIZE]
[SIZE=2]79250[/SIZE]
[SIZE=2]72500[/SIZE]
[SIZE=2]661,000[/SIZE]
[SIZE=2]602,000[/SIZE]
[SIZE=2]544,000[/SIZE]


[SIZE=2]528,000[/SIZE]

[SIZE=3](2)During the daytime from 7:00 a.m. to 7:00 p.m., the limits of Table I hereinbefore set forth shall apply to transient noises having a duration in excess of twelve (12) seconds. During the night, from 7:00 p.m. to 7:00 a.m., the same limits shall apply to transient noises having a duration in excess of six (6) seconds.[/SIZE]

B.Table II.


[SIZE=2]Limiting Noise Spectrum for Steady Noise[/SIZE]

�
[SIZE=2]Band Pressure Octave Band[/SIZE]
[SIZE=2]Level DecibelsCenter Frequency[/SIZE]
[SIZE=2]re 0.0002 Microbars(cycles per second)[/SIZE]
�
[SIZE=2]7263[/SIZE]
[SIZE=2]67125[/SIZE]
[SIZE=2]59250[/SIZE]
[SIZE=2]52500[/SIZE]
[SIZE=2]461,000[/SIZE]
[SIZE=2]402,000[/SIZE]
[SIZE=2]344,000[/SIZE]

[SIZE=2]328,000[/SIZE]

[SIZE=3]� 144-6. Noise measurement practices.[/SIZE]


[SIZE=3]� Noise measurements and limits shall conform to the following practices:[/SIZE]

[SIZE=3]A.Noise shall be measured at an altitude not exceeding one hundred (100) feet above sea level.[/SIZE]

[SIZE=3]B.Measurements of noise emanating from any mechanism or device, including but not limited to motor vehicles, shall be made at a distance of at least one hundred (100) feet from the longitudinal center line of the vehicle.[/SIZE]

[SIZE=3]C.Machinery noise originating on private property shall be measured at the property line of the property on which the noise source is located.[/SIZE]

[SIZE=3]ARTICLE Penalties [/SIZE][SIZE=2]EN[/SIZE]

[SIZE=3]� 144-7. Penalties for offenses.[/SIZE]

[SIZE=3]� Any person or persons, association or corporation committing an offense against this chapter, or any section or provision thereof, is guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for a period not exceeding fifteen (15) days for each such offense, or by both such fine and imprisonment.[/SIZE]