§ 38-5. Immediate threats to health and welfare; other remedies.  


Latest version.
  • A. 
    Immediate threats to health and welfare.
    (1) 
    The Town of North Hempstead or its agent or employee shall order an immediate halt to any sound which exposes any person to continuous sound levels in excess of those shown in Table I or to impulsive sound levels in excess of those shown in Table II. Within five days following issuance of such an order, the Town of North Hempstead or its agent or employee shall apply to the appropriate court for an injunction to replace the order.
    (2) 
    Any person subject to an order issued pursuant to Subsection A(1) shall comply with such order until the sound is brought into compliance with the order, as determined by the Town of North Hempstead, or its agent or employee, or a judicial order has superseded the Town of North Hempstead or its agent or employee.
    Table I
    Continuous Sound Levels Which Pose an Immediate Threat to Health and Welfare (measured at 50 feet or 15 meters)
    Sound Level (dBA)
    Limit Duration
    90
    24 hours
    93
    12 hours
    96
    6 hours
    99
    3 hours
    102
    1.5 hours
    105
    45 minutes
    108
    22 minutes
    Table II
    Impulsive Sound Levels Which Pose an Immediate Threat to Health and Welfare (measured at 50 feet or 15 meters)
    Sound Level (dBA)
    Limit Number of Repetitions per 24-Hour Period
    145
    1
    135
    10
    125
    100
    B. 
    Other remedies. No provision of this chapter shall be construed to impair any common law or statutory cause of action or legal remedy therefrom of any person for injury or damage from any violation of this chapter or from other law.