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Brookhaven, NY Noise from Specific Sources: Bar & Nightclub Noise (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing sections
§ 50-6B(1) and § 50-5
Enforcement
Noise Control Officer
First conviction fine
$25 to $100
Third+ conviction fine
$100 to $250
Variance cap
15 days, 30/year
Measurement point
receiving property line

Summary

Brookhaven's noise code lets bars, restaurants and nightclubs play live bands or recorded music on commercial property, but only within the sound level ceilings the Town's Table I schedule sets for that property class, measured at the receiving property line. Exceeding those limits is a noise disturbance under Chapter 50 and draws an escalating criminal fine.

Sound reproduction systems: operating, playing or permitting the operation or playing of any radio, television, phonograph or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance for any person other than the operator of the device. However, the playing of bands or other music on any commercial property shall be governed by § 50-5.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

L. No. 7-1987), sets the baseline rule in § 50-5A: no one may operate a sound source on any category of property, including commercial property, at a level that exceeds the limits in Table I, measured at or within the real property line of the receiving property. L. No. ' That means a nightclub or bar cannot rely on the general 'noise disturbance' standard that governs radios and televisions; its live or recorded music is measured against the Table I sound-pressure ceilings for its zoning category.

If the property is a multidwelling building rather than a standalone commercial site, § 50-5B requires the Noise Control Officer to close all doors and windows and take the reading in the center of the room. A property owner facing chronic compliance problems can apply to the Noise Control Administrator for a variance under § 50-8, describing interim noise controls and a compliance schedule; the Administrator may grant up to 15 days at a time, capped at 30 days total in a calendar year, and the Town Board sets the variance application fee by resolution.

Violations & Fines

A first Chapter 50 conviction carries a fine of $25 to $100, a second $50 to $150, and a third or subsequent conviction $100 to $250 under § 50-9A; each two-hour span of continued violation counts as a separate offense under § 50-9B. Rather than issue a summons, the Noise Control Administrator may instead order abatement within a set time under § 50-10.

Frequently Asked Questions

Does Brookhaven's noise law single out nightclubs by name?
No. § 50-6B(1) treats bands and music on any commercial property the same way, directing enforcement to the Table I sound-pressure limits in § 50-5 rather than a separate nightclub decibel rule.
Who measures the sound level at a bar?
A Town-trained Noise Control Officer takes the reading at or within the real property line of the complaining, receiving property, per § 50-5A, using a calibrated A-weighted sound level meter.
Can a bar owner get relief while fixing a noise problem?
Yes. Under § 50-8, the owner applies to the Noise Control Administrator for a variance describing interim noise controls and a compliance schedule; the Administrator can grant up to 15 days, renewable, but no more than 30 days total per calendar year.

Sources & Official References

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