October 19, 2011
Ruling allows Brookhaven
Town to issue noise violations at
Yaphank shooting range
Supervisor Mark Lesko announces the
court ruling that declared the Town’s
noise ordinance to be constitutional in
the Suffolk County Trap and Skeet case.
Also pictured are Legislator Kate
Browning (left) and Councilwoman Connie
Kepert (right), civic leaders and
residents from the South Yaphank
community.
Farmingville, NY – On October
17, 2011, Supervisor Mark Lesko,
Councilwoman Connie Kepert, Legislator
Kate Browning, and community leaders
joined together at the Suffolk County
Trap and Skeet range in Yaphank to
announce a legal victory regarding the
Suffolk County Trap and Skeet range. In
a decision dated October 6, 2011, Acting
New York State Supreme Court Judge
Joseph Farneti ruled that the Town of
Brookhaven’s sound ordinance is
constitutional and can rightfully be
enforced against Hunter Sports Shooting
Grounds (HSSG), the licensee/operator of
Suffolk County Trap and Skeet in
Yaphank. As a result of the ruling,
nothing prevents the Town of Brookhaven
from taking immediate and lawful action
to issue violations if the actions at
Suffolk County Trap and Skeet violate
the Town’s noise ordinance. The Town of
Brookhaven has been battling this issue
in the courts for over five years and
has worked closely with local elected
officials, local civics, community
leaders and residents to try to reduce
the noise generated by Suffolk County
Trap and Skeet.
“Because of its negative impact on the
quality of life of Yaphank residents,
the Town has fought long and hard to
enforce its noise ordinances as
community complaints rose over the noise
generated by Suffolk County Trap and
Skeet. This ruling will allow us to
protect the community by issuing a
summons whenever we have proof of
activities at Suffolk Trap and Skeet
that exceed noise levels in violation of
our Town code,” said Supervisor Lesko.
“Our ultimate goal is to restore peace
and quite for the neighbors who live
nearby.”
"I am very pleased with Judge Farneti's
decision, which found that the Town's
noise ordinance is constitutional and
that the Town of Brookhaven has every
right to enforce its noise ordinance.
The reopening and operation of this
facility by Mr. Levy has destroyed the
ability of an entire community to enjoy
their homes and yards. This ruling will
help us in bringing this era to an end,”
stated Councilwoman Connie Kepert.
"The court's decision only reinforces
the need for the County to relocate this
shooting range," stated Legislator Kate
Browning. The community and elected
officials representing this area agree
this site is inappropriate and I will be
introducing planning steps in November
to begin the process of relocating the
range to Westhampton."
The Town’s noise ordinance permits
“expressive activity” so long as the
decibel level is not over 65. When a
noise complaint is lodged, trained
Public Safety officers will investigate
and take readings from the location of
the complaint using a calibrated sound
level meter to determine the noise
level. If the level exceeds 65 decibels,
a violation will be issued. The Town
employs nine Public Safety officers who
are trained to use the meters. According
to Town code, violations can be issued
every two hours so long as the nuisance
persists.
More information about the Town’s noise
ordinance can be found at
www.brookhaven.org and clicking on the
Code Book icon.
Noise complaints to the Town of
Brookhaven can be made by calling
451-TOWN (Monday through Friday from
9:00 a.m. to 4:30 p.m.) or Public Safety
Dispatch at 451-6162 (24 hours a day).
Division of Public Information * Office
of the Supervisor
One Independence Hill • Farmingville •
NY 11738 • Phone (631) 451-6595 • Fax
(631) 451-6258
