The text
Footnotes:
--- (1) --- Cross reference— Animals, ch. 6; buildings and building regulations, ch. 9; health and sanitation, ch. 13; junked or abandoned vehicles, § 16-231 et seq.; parks and recreation, ch. 18; sewers and sewage disposal, ch. 22; solid waste management, ch. 24; streets, sidewalks and other public places, ch. 25; subdivisions, ch. 26; zoning, ch. 28.
ARTICLE I. - IN GENERAL#
Secs. 10-1—10-30. - Reserved.#
ARTICLE II. - NOISE#
Sec. 10-31. - Statement of policy.#
The council hereby finds and declares that: (1)
Excessive noise is a serious hazard to the public health, safety and welfare and the quality of life in a close urban society.
(2)
A substantial body of science and technology exists by which excessive noise can be substantially abated without serious inconvenience to the public.
(3)
Certain of the noise producing equipment in this community is essential to the quality of life and should be allowed to continue at reasonable levels with responsible regulation.
(4)
Each person has a right to an environment reasonably free from noise which jeopardizes health or welfare or unnecessarily degrades the quality of life.
(5)
It is the declared policy of the town to promote an environment free from excessive noise, otherwise properly called noise pollution, which unnecessarily jeopardizes the public health, safety and welfare and degrades the quality of the lives of the residents of this community, without unduly prohibiting, limiting or otherwise regulating the function of certain noise producing equipment which is not amenable to such controls and yet is essential to the quality of life in the community.
(Ord. No. 1996-14, § 1, 8-28-96)
Sec. 10-32. - Purpose, title and scope of article.#
(a)
Purpose. The purpose of this article is to establish standards for the control of noise pollution in the town by setting maximum permissible sound levels for various activities to protect the public health, safety and general welfare.
(b)
Title. This article may be cited as the "Noise Ordinance" of the Town of Bristol.
(c)
Scope. This article shall apply to the control of all noise originating within the limits of the town provided that:
(1)
A state or federal agency has not adopted a different standard or rule than that prescribed in this article and has so preempted the regulation of noise from a particular source as to render this article inapplicable thereto; or
(2)
Such noise has not been granted a variance pursuant to section 10-50.
(Ord. No. 1996-14, § 2, 8-28-96; Ord. No. 1999-16, 7-14-99)
Sec. 10-33. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Definitions of technical terms used in this article, which are not defined in this section, shall be obtained from publications of acoustical terminology issued by ANSI or its successor body.
A-scale (dBA) means the sound level in decibels measured using the A-weight or network as specified in ANSI Standard 1.4-1971 for sound level meters. The level is designated dB(A) or dBA.
Ambient sound level means the noise associated with a given environment, exclusive of intruding noises from isolated identifiable sources.
ANSI means the American National Standards Institute or its successor body.
Construction means any and all activity necessary or incidental to the erection, assembly, alteration, installation, repair of equipment of buildings, roadways or utilities, including land clearing, grading, excavating and filling.
Decibel (dB) means a logarithmic and dimensionless unit of measure often used in describing the amplitude of sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
Dwelling unit means a building or portion thereof regularly used for residential occupancy.
Dynamic braking device means a device used primarily on trucks and buses to convert the motor from an internal combustion engine to an air compressor for the purpose of vehicle braking without the use of wheel brakes.
Emergency work means work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities or work required to protect persons or property from imminent exposure to danger.
Holiday, whenever used in this chapter includes: New Year's Day, Memorial Day, Fourth of July, Victory Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day (but only in those years that the governor by public proclamation designates it as a legal holiday), and Christmas, or on any day which any enumerated holiday is officially celebrated.
Impulsive sound means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop-forge impacts and the discharge of firearms.
Lot means any tract or parcel of land owned by or under the lawful control of one distinct ownership shall be considered a lot. The lot line or boundary is an imaginary line at ground level which separates a lot and its vertical extension owned by one person from that owned by another.
Mixed use means a dwelling unit or school located in commercial or an industrial zone.
Motor vehicle means any motor-operated vehicle licensed for use on the public highways, but not including a motorcycle.
Motorboat. See Watercraft.
Motorcycle means any motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground. The term shall include motorized bicycles, motor scooters, mopeds and the like.
Narrow band sound means a sound characterized by normal listeners as having a predominant pitch or series of pitches; sound described by such listeners as "whine," "hiss," "toot," or "wail"; or a sound whose frequencies occupy an octave band or less.
Noise control office means the town department having responsibility for the enforcement of this article.
Noise disturbance means any sound which exceeds the dBA level for such sound set out in this article, including sounds from the human voice or voices between the hours of 11:00 p.m. and 7:00 a.m. in a residential zone which exceeds sound or sound level standards set forth in this chapter.
Nonconforming use means a use of a structure, building or land which was established as permitted use and which has been lawfully continued pursuant to the zoning code of the town, but which is not a permitted use in the zone in which it is now located.
Offroad recreational vehicle means any motor vehicle, including road vehicles, but excepting watercraft, used off public roads for recreational purposes.
Person means any individual, association, partnership or corporation, including any officer, department, bureau, agency or instrumentality of the United States, a state or any political subdivision of a state, including the town.
Physical characteristics of sound means the steady, impulsive or narrow band property of a sound, the level of the sound and the extent to which it exceeds the background sound level.
Plainly audible means any sound for which the information content is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal or comprehensible rhythms.
Port facilities means any and all public or private facilities used for the repair, loading or unloading of ships within the town, including, but not limited to, shipyards, repair yards and dry docks.
Powered model vehicle means self-propelled airborne, waterborne or landborne model plane, vessel or vehicle, which is not designed to carry a person, including, but not limited to, any model airplane, boat, car or rocket.
Public right-of-way means any street, avenue, highway, boulevard, alley, easement or public space which is owned by or controlled by a public government entity.
Public space means any real property, including any structure thereon, which is owned or controlled by a governmental entity.
Pure tone means any sound which can be distinctly heard as a single pitch or set of single pitches.
Real property boundary means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
Receiving land use means the use or occupancy of the property which received the transmission of sound.
Residential property means any property on which is located a building or structure used wholly or partially for living or sleeping purposes.
Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
Sound level means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C, as specified in ANSI specifications for sound level meters (ANSI Standard 1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output or play meter, and weighting networks used to measure sound pressure levels, which complies with ANSI Standard 1.4-1971.
Sound pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.
Sound pressure level means 20 times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure to the reference pressure of 20 micronewtons per square meter (20×10-6N/m'). The sound pressure level is denoted Lp or SPL and is expressed in decibels.
Steady sound means a sound whose level remains essentially constant (=/-2d) during the period of the sound level meter.
Town means the Town of Bristol, Rhode Island, or the area within the territorial limits of the town over which the town has the jurisdiction or control by virtue of ownership or any constitutional or Charter provisions, or any law.
Unnecessary, excessive or offensive noise means any sound or noise conflicting with the criteria, standards, or levels set forth in this article for permissible noises. In the absence of specific maximum noise levels, a noise level which exceeds the ambient noise level by five dBA or more, when measured at the nearest property line or, in the case of multiple-family residential buildings, when measured anywhere in one dwelling unit with respect to a noise emanating from another dwelling unit or from common space in the same building, or a noise audible to a person of reasonably sensitive hearing at a distance of 200 feet from its source, shall be deemed a prima facie violation of this article.
Used and occupied include the words "intended, designed or arranged to be" used or occupied.
Watercraft means any contrivance used, or capable of being used, as a means of transportation or recreation on water.
Zoning districts means those districts established in chapter 28 and indicated on the official zoning map.
(Ord. No. 1996-14, § 4, 8-28-96; Ord. No. 1999-16, 7-14-99; Ord. No. 2005-26, 7-20-05; Ord. No. 2007-41, 1-2-08; Ord. No. 2010-20, 11-10-10)
Cross reference— Definitions generally, § 1-2.
Sec. 10-34. - Penalty for violation of article.#
The penalty for violation of any section of this article shall be up to the maximum allowed by state law for municipalities to impose on ordinance violations as follows: (1)
The first offense shall be punished by the issuance of an order to cease and desist the violation and by a fine of up to $100.00.
(2)
The second and all subsequent offenses shall be punished by the issuance of an order to cease and desist the violation and a fine of up to $500.00.
Each noise disturbance shall be considered a separate offense.
(Ord. No. 1996-14, § 19, 8-28-96; Ord. No. 1999-16, 7-14-99; Ord. No. 2000-17, 5-31-00)
Sec. 10-35. - Exceptions from article provisions.#
The provisions of this article shall not apply to: (1)
The emission of sound for the purpose of alerting persons to the existence of an emergency or resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;
(2)
The emission of sound in the performance of emergency work;
(3)
The unamplified human voice, except those activities prohibited in section 10-41;
(4)
Agricultural activities, excluding those involving the ownership or possession of animals or birds;
(5)
The emission of sound in the performance of military operations, excluding travel by individuals to or from military duty;
(6)
The emission of sound in the discharge of weapons or in fireworks displays licensed by the town, from 7:00 a.m. to 11:00 p.m.;
(7)
The emission of sound in the operation of snow removal equipment at any time of day;
(8)
The emission of sound relative to permitted construction, demolition and normal maintenance activities, provided that such activities do not occur between the hours of 9:00 p.m. and 7:00 a.m. Monday through Friday, nor between the hours of 6:00 p.m. and 8:00 a.m. on Saturdays, Sundays, and on any holiday designated as such under section 10-33 of this chapter; and
(9)
The emission of sound (up to 65 dBA) relative to weddings, bar mitzvahs, confirmations, and other similar ceremonial occasions held within HPC Zones up until 10:00 p.m. weekdays and Sundays and 11:00 p.m. Fridays, Saturdays, and the day before any legal holiday and 55 dBA from 10:00 p.m. to 7:00 a.m. each day of the week, except for Fridays, Saturdays, and the day before any legal holiday in which case the reduction to 55 dBA shall commence at 11:00 p.m.
(Ord. No. 1996-14, § 5, 8-28-96; Ord. No. 1999-16, 7-14-99; Ord. No. 2005-26, 7-20-05; Ord. No. 2007-01, 1-31-07; Ord. No. 2011-07, 5-25-11)
Sec. 10-36. - Temporary exemptions.#
Upon good cause shown by the owner, operator or other responsible party of any excessive noise source, the director of public safety or his designee shall have the power to grant a temporary exemption from this article, conditioned upon the installation of needed noise control equipment, facilities, modifications or other mitigation and noise abatement measures to achieve compliance with this article, within a reasonable and sufficient period of time, but in no event beyond the date of the next available zoning board meeting.
(Ord. No. 1996-14, § 20, 8-28-96; Ord. No. 1999-16, 7-14-99)
Sec. 10-37. - Noise disturbances prohibited generally.#
Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any unnecessary, excessive or offensive noise as defined in section 10-33 above.
(Ord. No. 1996-14, § 6, 8-28-96; Ord. No. 1999-16, 7-14-99; Ord. No. 2007-41, 1-2-08)
Sec. 10-38. - Measurement of sound.#
(a)
General provision; tests for noise disturbances. In addition to the definition established in section 10-37, the factors which shall be considered in determining whether a noise disturbance exists shall include, but shall not be limited to, the following:
(1)
The volume of the noise;
(2)
The intensity of the noise;
(3)
Whether the nature of the noise is usual or unusual;
(4)
Whether the origin of the noise is natural or unnatural;
(5)
The volume and intensity of the background noise, if any;
(6)
The proximity of the noise to residential sleeping facilities;
(7)
The nature and zoning of the area within which the noise emanates;
(8)
The density of inhabitation of the area within which the noise emanates;
(9)
The time of the day or night the noise occurs;
(10)
The duration of the noise;
(11)
Whether the noise is recurrent, intermittent or constant; and
(12)
Whether the noise is produced by a commercial or noncommercial activity.
(b)
Classification of use districts. It is unlawful to project a sound or noise, from one property into another, within the boundary of a use district which exceeds either the limiting noise spectra set forth in Table 1 below, or exceeds the ambient noise level by more than three decibels.
(1)
Sound or noise projecting from one use district into another use district with a different noise level limit shall not exceed the limits of each district into which the noise is projected.
(2)
Measurement of noise:
a.
The measurement of sound or noise shall be made with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association. The instruments shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured.
b.
The slow meter response of the noise level meter shall be used in order to best determine that the average amplitude has not exceeded the limiting noise spectra set forth in Table I.
c.
The measurement shall be made at the property line of the property on which such noise is generated, or perceived, as appropriate five feet above ground.
d.
In the case of an elevated or directional sound or noise source, compliance with the noise limits is to be maintained at any elevation at the boundary.
(Ord. No. 1996-14, § 3, 8-28-96; Ord. No. 1999-16, 7-14-99)
_____
Sec. 10-39. - Maximum permissible sound levels by receiving land use.#
(a)
With the exception of sound levels elsewhere specifically authorized or allowed in this article or exempted by this article or by variance, the following are the maximum permissible sound levels allowed at or within the real property boundary of a receiving land use:
Table I
Zoning District Noise Standard
Maximum Allowable Octave Band Sound Pressure Levels Residential Business
Limited & General Waterfront Commercial
Industrial
Octave Band
Center
Frequency of all
Measurement
(HZ) Daytime All
other
times Daytime All
other
times Any time Any time
31.5 76 68 79 72 79 83
63 75 67 78 71 78 83
125 69 61 73 65 73 77
250 62 52 68 57 68 73
500 56 46 62 51 62 67
1,000 50 40 56 45 56 61
2,000 45 33 51 39 51 57
4,000 40 28 47 34 47 53
8,000 38 26 44 32 44 50
Single number equivalent 60 dB(A) 50 dB(A) 65 dB(A) 55 dB(A) 65 dB(A) 70 dB(A)
_____
(b)
For any source of sound which emits a pure tone, the maximum sound level limits set forth in subsection (a) of this section shall be reduced by five dBA.
(c)
Exceptions to table I are activities covered by sections 10-40, 10-43, 10-44, 10-46 and 10-50.
(Ord. No. 1996-14, § 7, 8-28-96; Ord. No. 1999-16, 7-14-99)
Sec. 10-40. - Emergency signaling devices.#
(a)
No person shall operate or permit the intentional sounding outdoors of any fire, burglar or civil defense alarm, siren whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection (b) of this section.
(b)
Testing of a stationary signaling device shall occur at the same time of day each time the test is performed, but not before 8:00 a.m. or after 9:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall the test time exceed 30 seconds.
(Ord. No. 1996-14, § 8, 8-28-96)
Sec. 10-41. - Specific prohibited acts.#
The following actions are prohibited only when causing a noise disturbance as defined in this chapter: (a)
Hawkers and peddlers. No person shall create a noise disturbance by offering for sale or selling anything by shouting or outcry across a real property boundary. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses or other similar licensed public entertainment events.
(b)
Vehicle or motorboat repairs or testing. No person shall repair, rebuild, modify or test any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a real property boundary.
(c)
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the city, except as a danger warning.
(d)
Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving device, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is broadcast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
(e)
Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m.
(f)
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(g)
Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such condition as to create a noise disturbance.
(h)
Loading, unloading, opening boxes. The creation of a noise disturbance in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
(i)
Schools, courts, churches, hospitals. The creation of any noise disturbance on any street adjacent to any school, institution of learning, church or court while the school, institution of learning, church or court are in use, or adjacent to any hospital, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
(j)
Disorderly house. No person shall do either of the following:
(1)
Keep a disorderly house whereby the peace, comfort, or decency of a neighbor is habitually disturbed; or
(2)
Being the owner of and in control of the premises to permit them to be so used;
(3)
For purposes of this section, a disorderly house is defined as a residence or dwelling in which two noise disturbances have occurred within a period of 12 months or less;
(4)
The owner of any such residence or dwelling may assert as a defense reasonable efforts to take action against the perpetrators of the violation of this article, including the initiation of eviction proceedings.
(5)
Any person or owner who violates the provisions of this section shall be subject to a fine not to exceed $500.00.
(k)
Shouting and loud conversation. Between the hours of 11:00 p.m. and 7:00 a.m., no person shall vocalize at such excessive vocal amplification for a duration of more than ten seconds in a residential zone that exceeds the sound level standards set forth in this chapter.
(Ord. No. 1996-14, § 9, 8-28-96; Ord. No. 1999-16, 7-14-99; Ord. No. 2003-07, 4-23-03; Ord. No. 2006-31, 10-4-06; Ord. No. 2010-12, 7-7-10; Ord. No. 2010-20, 11-10-10)
Sec. 10-42. - Musical instruments and similar devices.#
No person shall operate, play or permit the operation of any musical instrument, phonograph or other machine or device for the production or reproduction of sound, including but not limited to any stereo, radio, television, musical instrument or other noise making device for the producing or reproducing of sound within a motor vehicle, using or operating such instrument or device and such persons who are voluntarily listeners thereto or in such manner as to constitute a noise disturbance. In addition, the operation of any such instrument, phonograph, television, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be a violation of this section; provided, that nothing contained in this section shall prohibit performances by the ringing of bells in a tower, or by a band or orchestra in a hall, building or in the open air that is otherwise in compliance with local ordinances.
(Ord. No. 1996-14, § 10, 8-28-96; Ord. No. 1999-16, 7-14-99)
Sec. 10-43. - Reserved.#
Editor's note— Ord. No. 1999-16, adopted July 14, 1999, repealed § 10-43, which pertained to the regulation of sound equipment and sound amplifying equipment, and derived from Ord. No. 1996-14, § 11, adopted Aug. 28, 1996.
Sec. 10-44. - Motorized vehicles.#
(a)
No person shall operate the engine providing motive power, or any auxiliary engine, of a motor vehicle with a manufacturer's gross vehicle weight rating 10,000 pounds or more for a consecutive period longer than 20 minutes while such vehicle is standing and located within 150 feet of property zoned and used for residential purposes, if the sound level emitted by the motor vehicle exceeds the maximum permissible sound levels as prescribed by table II, except where such vehicle is standing within a completely enclosed structure. This section shall not apply to delivery or pickup vehicles that require the operation of the engine to unload or load their vending loads.
(b)
No person shall operate, within the speed limits specified in this section, either a motor vehicle or a combination of vehicles of a type subject to registration, at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the noise limit listed in table II for the category of motor vehicle, based on the legal speed limit, posted or not, of the road or way on which such vehicles are operated. Such noise shall be measured at a distance of not more than 50 feet from the centerline of travel under test procedures established by subsection (c) of this section. If the distance of the measuring instrument from the centerline of travel is less than 50 feet, such listed noise limits shall be corrected to reflect the equivalent noise limits for the actual distance.
Table II
Noise Limit in Relation to the Legal Speed Limit 35 mph
or less Over
35 mph
(1) Any motor vehicle with a manufacturer's gross vehicle weight rating 10,000 pounds or more and any combination of vehicles towed by such motor vehicle. 88 dB(A) 92 dB(A)
(2) Any motorcycle 82 dB(A) 86 dB(A)
(3) Any other motor vehicle and any combination of motor vehicles towed by such motor vehicle 76 dB(A) 82 dB(A)
This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provision of this Code relating to motor vehicle muffler or noise control.
(c)
Every motor vehicle and motorboat shall at all times be equipped with a muffler in good working order and in constant operation to prevent noise which exceeds the dB(A) levels set forth in table II. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle.
(d)
No person shall modify the exhaust system of a motor vehicle or motorcycle by installation of a muffler or bypass and no person shall operate a motor vehicle or motorcycle which has been so modified if the sound level emitted by the motor vehicle exceeds the maximum permissible sound levels as prescribed by table I.
(e)
No person shall operate a recreational vehicle or permit the operation of one or more recreational vehicles, individually or in a group or in an organized racing event, on public or private property, in such a manner as to create a noise disturbance across a real boundary.
(f)
There shall be no purposeful operator intent to create excessive engine noise, such as blatantly excessive engine revving (rapid throttle advance) and acceleration resulting in unnecessary, excessive or offensive noise as defined in section 10-33 above.
(Ord. No. 1996-14, § 12, 8-28-96; Ord. No. 1999-16, 7-14-99; Ord. No. 2007-41, 1-2-08)
Cross reference— Motor vehicles and traffic, ch. 16.
Sec. 10-45. - Construction.#
(a)
No person shall operate or permit the operation of any tool or equipment in construction, drilling or demolition work for public service utilities, which creates a noise disturbance across a residential real property boundary.
(b)
This section shall not apply to:
(1)
Emergency work or repair work performed by and for government entities or public service utilities; or
(2)
Work for which a variance has been obtained from the town council.
(c)
The use of domestic power tools or equipment is subject to the noise levels set forth in table I.
(Ord. No. 1996-14, § 13, 8-28-96; Ord. No. 1999-16, 7-14-99)
Cross reference— Buildings and building regulations, ch. 9.
Sec. 10-46. - Reserved.#
Editor's note— Ord. No. 1999-16, adopted July 14, 1999, repealed § 10-46, which pertained to stationary nonemergency signaling devices, and derived from Ord. No. 1996-14, § 14, adopted Aug. 28, 1996.
Sec. 10-47. - Animals and birds.#
No person shall own, possess or harbor any animal or bird which frequently or for a continued duration emits sound that is native to the species, which sound exceeds the dB(A) levels as set forth in table I.
(Ord. No. 1996-14, § 15, 8-28-96)
Cross reference— Animals generally, ch. 6.
Sec. 10-48. - Implementation, administration and enforcement of article.#
(a)
This article shall be implemented, administered and enforced by the town police department or any other town department or division designated by the director of public safety.
(b)
The provisions of this article which prohibits a person from making or continuing noise disturbances, or causing the noise disturbance to be made or continued, across a real property boundary, shall be enforced by the police department or any other town department or division as designated by the director of public safety.
(c)
To implement and enforce this article, the police department, or any duly designated town agency, shall have the power to:
(1)
Conduct research, monitoring and other studies related to sound;
(2)
Conduct programs of public education regarding the causes, effects and general methods of abatement and control of noise as well as the actions prohibited by this article and the procedures for reporting violations;
(3)
Coordinate the noise control activities of all town departments;
(4)
Review public and private projects, including those subject to mandatory review or approval by other departments, for compliance with this article, if these projects are likely to cause sound in violation of this article;
(5)
Prepare recommendations for consideration by the town council, after publication of notice and after a public hearing.
(Ord. No. 1996-14, § 16, 8-28-96; Ord. No. 1999-16, 7-14-99)
Sec. 10-49. - Departmental actions.#
All departments and agencies of the town shall carry out their programs in furtherance of the policies set forth in this article.
(Ord. No. 1996-14, § 17, 8-28-96)
Sec. 10-50. - Sound variances.#
(a)
The zoning board of review shall have the authority, consistent with this section, to grant sound variances from this article after a public hearing.
(b)
Any person seeking a sound variance under this section shall file an application with the zoning board of review. The application shall contain information which demonstrates that bringing the source of sound or activity for which the sound variance is sought into compliance with this article would constitute an unreasonable hardship on the applicant, on the community or on other persons.
(c)
All applications shall be subject to the application fee as set forth in section 11-1. Notification and advertisement shall be in accordance with provisions for a variance as set forth in the town zoning ordinances.
(d)
In determining whether to grant or deny an application, or revoke a variance previously granted, the zoning board of review shall balance the hardship to the applicant, the community and other persons if the sound variance is not allowed, against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact, if the sound variance is allowed. The zoning board may grant the relief as applied for if it finds:
(1)
That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this section; or
(2)
The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with other subsections of this section; and
(3)
That no other reasonable alternative is available to the applicant.
Applicants for sound variances and persons contesting sound variances may be required to submit any information that the zoning board of review may reasonably require. In granting or denying an application or in revoking a sound variance previously granted, the zoning board of review shall place on public file a copy of the decision and the reasons for granting, denying or revoking the sound variance.
(e)
Sound variances shall be granted by notice to the applicant containing all conditions necessary to minimize adverse effects upon the community or the surrounding neighborhood, including a time limit on the permitted activity. The sound variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the sound variance shall terminate it and subject that person to those provisions of this article regulating the source of sound or activity for which the sound variance was granted.
(f)
Determination of modification of a granted variance shall also be made in accordance with the rules and procedures set forth in this section.
(Ord. No. 1996-14, § 18, 8-28-96; Ord. No. 1999-16, 7-14-99)
Sec. 10-51. - Severability clause.#
If any provision of any section of this article shall be held invalid, the remainder of the sections and the application of the provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
(Ord. No. 1999-16, 7-14-99)
Secs. 10-52—10-80. - Reserved.#
ARTICLE III. - NUISANCES#
Sec. 10-81. - Defined generally.#
The following matters, things, conditions or acts are a public nuisance and injurious to the health of the inhabitants of the town: (1)
The open burning of any garbage, refuse, debris, trash, animal, fish or vegetable substance or other like items; except the controlled burning of wood such as a campfire.
(2)
The existence or presence of any water or other liquid in which mosquito larvae breed or exist and/or the outflow or runoff of water in such a manner that it collects in a low lying area of, or erodes soil and sediment on an adjoining or neighboring land or street.
(3)
The existence or presence of any accumulation of filth, debris, garbage, refuse, manure, animal, fish or vegetable matter, including shells, which may attract flies or birds and to which flies or birds have access or in which fly larvae or pupae breed or exist, and/or which create an objectionable odor.
(4)
Depositing, accumulating or maintaining any matter or thing which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place.
(5)
Depositing, piling, accumulating, or maintaining any uncovered natural earth materials, including but not limited to soil, mulch, loam, stone, sand, and leaves, shall be considered a nuisance. The following are actions that can be taken to cover the piles so as to address the nuisance: covering all exposed materials with a tarp or some similar device; or by chemical mitigation including but not limited to calcium chloride or magnesium chloride treatment; or by erecting a screen or barrier; or for piles that are not being worked on a regular basis, hydro seeding or planting of grass or wild vegetation/ground cover that will contain and/or stabilize the earth materials. In order for such materials to be considered not a nuisance, all such covers must prevent the material from being transported by wind and/or water erosion. Piles of earth materials that are being worked on a regular basis shall be covered or otherwise stabilized to prevent wind and/or water erosion on a daily basis. Actions must be successful at preventing wind and/or water erosion in order to be considered compliant with this chapter.
(Code 1972, § 9-1; Ord. No. 2000-18, 7-12-00; Ord. No. 2005-21, 5-18-05; Ord. No. 2007-13, 3-21-07)
Sec. 10-82. - Abatement procedures.#
Whenever it shall appear to the satisfaction of the town building official that there exists upon any premises a public nuisance, including but not limited to those listed in section 10-81, the town council or its designee may cause the owner or occupant of such premises to be notified pursuant to the procedures set forth in G.L. § 23-19.2-5, of the existence of the public nuisance and to abate such nuisance by appropriate means, which may include removal and/or containment of materials. If such public nuisance is not abated within 24 hours of such notice, or repeated after notice, such owner or occupant shall, for each and every day such public nuisance is allowed to remain or continue or is created after the notice, be in violation of this Code and shall be fined $50.00 to be recovered to and for the use of the town.
(Code 1972, § 9-2; Ord. No. 2000-18, 7-12-00)
Sec. 10-83. - Responsibility for cleanliness, etc., of private ways.#
Any person owning or having control of any premises abutting on a private way, and having the right to use such private way, shall, when ordered by the town council, in writing, remove or abate from that part of such private way adjoining such premises any substance, material or condition which is or may become a nuisance, and such removal or abatement shall take place within the time specified in such order.
(Code 1972, § 9-3)
Sec. 10-84. - Removal of nuisance by the town; expenses.#
If the owner or occupant fails to comply with any order to remove or abate provided for in this article, the town council may cause the nuisance to be removed, and all expenses incurred thereby shall be paid by the owner or occupant. Any expenses, including costs and interest, not paid within 30 days after notice is served in accordance with G.L. § 23-19.2-5 shall be a lien against the real property.
(Ord. No. 2000-18, 7-12-00)
Secs. 10-85—10-90. - Reserved.#
ARTICLE IV. - HISTORICAL AND ARCHAEOLOGICAL CEMETERIES AND BURIAL SITES#
Sec. 10-91. - Authority.#
In compliance with Title 23, Chapter 18 of the Rhode Island General Laws, the town hereby adopts the following regulations and standards to govern the protection of historic and archaeological cemeteries within the town.
(Ord. No. 1999-21, 10-27-99)
Sec. 10-92. - Purpose.#
The town council recognizes that cemeteries and burial sites possess historic, archaeological, cultural and religious significance and represent for all cultures a respect for the sanctity of human life and a legacy of the community's heritage. It is therefore the policy of the town that marked and unmarked historic and archaeological cemeteries are not to be disrupted or disturbed except as provided for in this article.
(Ord. No. 1999-21, 10-27-99)
Sec. 10-93. - Definitions.#
Disrupted or disturbed includes any excavation, depositing of fill on, or the filling in of a cemetery or burial site or other ground disturbing activity, and the destruction or removal of a grave marker, burial object or human remains.
Historic cemetery means any tract of land which has been for more than 50 years used as a burial place, whether or not marked with an historic marker, including but not limited to ancient burial places known or suspected to contain the remains of one or more Native Americans.
Least disruptive means refers to the method of construction, excavation, removal or other activity which has the least overall destructive impact on the cemetery, burial site, or human remains.
(Ord. No. 1999-21, 10-27-99)
Sec. 10-94. - Regulation of excavation and construction around cemeteries.#
(a)
It shall be unlawful for any person to cause or permit construction, excavation or other ground disturbing activity within 25 feet of an historic cemetery located in the town except in compliance with the following provisions:
(1)
The historic cemetery has been recorded by the town building official on the plat map filed with the tax assessor and in accordance with the provisions of R.I.G.L. section 23-18-10.1;
(2)
The boundaries of the cemetery are documented in accordance with the provisions of this article; and
(3)
The town council is satisfied that (i) no additional graves exist outside the recorded cemetery and (ii) the proposed construction or excavation activity will not damage or destructively alter the historic cemetery through erosion, flooding, filling or other possible encroachment.
(b)
The requirements in subsection (a) shall not apply if the proposed construction or excavation activity is reviewed and approved by the town council pursuant to Section 23-18-11.1 of the Rhode Island General Laws and the standards set forth in this article on the alteration or removal of an historic cemetery.
(Ord. No. 1999-21, 10-27-99)
Sec. 10-95. - Discovery of unmarked cemetery or human skeletal material.#
(a)
Whenever an unmarked cemetery or human skeletal material is located inadvertently during construction, excavation or other ground disturbing activity, including archaeological excavation, the property owner or contractor shall (i) immediately suspend operations, (ii) notify the town building official, who in turn shall notify the Bristol Police, the state medical examiner and the Rhode Island Historical Preservation Commission pursuant to R.I.G.L. 23-18-11, and (iii) undertake an archaeological investigation to determine the boundaries of the unmarked cemetery and so inform the building official who shall promptly record it on the tax assessors plat maps.
(b)
The town shall require the cessation of all ground disturbing activities pending verification by the state examiner and state historical preservation commission that the discovery is a human burial site or historic cemetery. If the site is verified as a historic cemetery, work within 25 feet of the site shall be halted until compliance with the provisions of section 10-94 of this article.
(Ord. No. 1999-21, 10-27-99)
Sec. 10-96. - Alteration or removal of an historic cemetery.#
(a)
Pursuant to R.I.G.L. 23-18-11.1, the town council may issue a permit to allow the alteration or removal of an historic or archaeological cemetery or burial site if the town council is satisfied that:
(1)
The applicant has examined all alternatives and that no prudent and feasible alternative to the proposed alteration is possible;
(2)
The alteration or removal of the historic cemetery serves the interests of public health, safety and welfare and is not for commercial expediency alone;
(3)
The applicant has conducted an archaeological investigation of the historic cemetery pursuant to this article and has determined the actual boundaries of the cemetery;
(4)
Due consideration has been given to the rights of the descendants of the interred;
(5)
Suitable arrangements have been made for the reinterment of all human remains and burial objects on similarly situated property within the town under the supervision of an archaeologist; and
(6)
Any other requirement which the town council finds reasonably necessary.
(b)
The applicant shall provide the following items for the town council's consideration.
(1)
A completed application provided by the town building official;
(2)
A written description of the cemetery including its age and condition, historical and archaeological significance, whether it is a religious, family, organizational, or publically owned cemetery or burial site;
(3)
The names and vital dates of those interred as may be determined from the grave markers on the site and a cemetery plan indicating the position of graves and to the extent possible the identities of the interred;
(4)
A detailed site plan drawn by a licensed surveyor and at a minimum of 1":50', showing the boundaries of the property in question, existing topography, a surveyed boundary of the cemetery and a set back area of no less than 25 feet;
(5)
A detailed site alteration plan indicating the extent of disruption of the cemetery, proposed methods of removal of human remains, and/or any proposed improvements on the site which would necessitate disturbance of the historic cemetery, or grave site; and
(6)
A detailed reburial plan describing the relocation of grave markers and sculpture, burial objects, tombs, and human remains.
(Ord. No. 1999-21, 10-27-99)
Sec. 10-97. - Notice to interested parties.#
The town shall provide for the notification and participation in the permitting process of any person or organization which may be interested in any proposed alteration or removal including the Rhode Island Historical Preservation Commission, the Bristol Historic District Commission, any other private or non-profit historical, genealogical, religious or civic organizations, and any known living lineal descendants of the interred. In the event that a site contains archaeological, prehistoric, or Native American burials, the Narragansett Indian Tribal Historic Preservation Office or other appropriate tribal organization shall be notified.
(Ord. No. 1999-21, 10-27-99)
Sec. 10-98. - Documenting the boundaries of an historic cemetery.#
Whenever a property owner shall be required to conduct an archaeological investigation to es tablish the boundaries of the cemetery using the least disruptive means feasible, and at his or her own expense. The least disruptive means shall be determined in consultation with the Rhode Island Historical Preservation Commission and the Bristol Historic District Commission. A survey report shall be produced incorporating the findings of the investigations in both text and graphic form and shall be provided to the building official.
(Ord. No. 1999-21, 10-27-99)
Sec. 10-99. - Town council action.#
The town council shall conduct a public hearing on any proposed alteration or removal of an historic cemetery or burial site, and shall render a decision approving, denying or approving with reasonable conditions any proposed site alteration and reburial plans, and may set other requirements as deemed reasonable to carrying out the purposes of Title 23, Chapter 18 of the Rhode Island General Laws.
(Ord. No. 1999-21, 10-27-99)
Sec. 10-100. - Legal status.#
Nothing in this chapter shall be construed to prohibit the use of historic cemeteries as places of interment or the routine maintenance and repair of historical grave sites.
(Ord. No. 1999-21, 10-27-99)
Sec. 10-101. - Penalties.#
Any person acting in violation of this article shall be subject to a fine of $250.00. Each day that such violation continues shall constitute a separate offense. The provisions of this section shall be considered in addition to any penalty imposed for the desecration or vandalism of a cemetery or burial site pursuant to Title 23, Chapter 18.2 of the Rhode Island General Laws.
(Ord. No. 1999-21, 10-27-99)
Sec. 10-102. - Appeal.#
Any person aggrieved by the decision of the town council shall have a right to appeal the decision to the Rhode Island Superior Court pursuant to section 23-18-11.1 of the Rhode Island General Laws.
(Ord. No. 1999-21, 10-27-99)
Sec. 10-103. - Severability.#
If any section, clause, provision or portion of this article shall be held unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the constitutionality or validity of any other section clause, provision or portion of the chapter.
(Ord. No. 1999-21, 10-27-99)
ARTICLE V. - ALTERNATIVE HOME HEATING UNITS#
Sec. 10-104. - Findings and purpose.#
Whereas the high cost of home heating fuel has increased the interest in alternative home heating units; and
Whereas alternative home heating units such as outdoor wood boilers in populated areas constitute a nuisance due to the excessive smoke and emissions; and
Whereas, the health and safety of the general public is endangered by these outdoor wood boilers;
The Town Council of the Town of Bristol, hereby adopts these regulations in order to require outdoor wood boilers to comply with existing building codes and Rhode Island General Laws.
(Ord. No. 2008-29, 11-12-08)
Sec. 10-105. - Definitions.#
Outdoor wood boiler means a fuel burning device: (1)
Designed to burn wood and other solid fuels;
(2)
That the manufacturer specifies for outdoor installation or in structures not normally occupied by humans; and
(3)
That heats building space and water through the distribution, typically through pipes, of a fluid heated in the device, typically water or mixture of water and antifreeze.
(Ord. No. 2008-29, 11-12-08)
Sec. 10-106. - Certificate of approval required.#
Pursuant to G.L. § 23-27.3-103.0, the installation, extension, alteration, or repair of plumbing, gas piping, heating system, outdoor wood boiler or any other equipment requires a certificate of approval from the building code official before use.
(Ord. No. 2008-29, 11-12-08)
Sec. 10-107. - Chimney termination.#
Pursuant to the BOCA National Building Code § G2427.5.3 (503.5.4), chimneys for residential-type or low-heat appliances or wood boilers shall extend at least three feet above the highest point where they pass through a roof of a building and at least two feet higher than any portion of a building within a horizontal distance of ten feet. Chimneys for medium-heat appliances or wood boilers shall extend at least ten feet higher than any portion of any building within 25 feet. Chimneys shall extend at least five feet above the highest connected appliance draft hood outlet or flue collar.
(Ord. No. 2008-29, 11-12-08)
Sec. 10-108. - Setback requirements.#
All outdoor wood boilers, including but not limited to any wires, stakes, footings, or tie-downs, must be setback at least 25 feet from each abutting property line.
(Ord. No. 2008-29, 11-12-08)
Secs. 10-109—10-119. - Reserved.#
ARTICLE VI. - TOBACCO USE#
Sec. 10-120. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Town owned property or facilities means any property, land, or facilities owned or operated by the town, including any and all Bristol-Warren Regional School District properties, together with the area of the sidewalks and roadways within 100 feet thereof.
(Ord. No. 2017-01, 4-26-17)
Sec. 10-121. - Smoking and other uses.#
Smoking and other uses of tobacco products including e-cigarettes and vaporing are hereby prohibited on town owned property or facilities, provided however such prohibition shall not apply to individuals in continuous transit on sidewalks and roadways.
(Ord. No. 2017-01, 4-26-17)
Sec. 10-122. - Penalty for violation of article.#
Any person found violating this article may be subject to immediate ejection from the town owned property or facilities and/or to a fine not exceeding $100.00.
(Ord. No. 2017-01, 4-26-17)