Chapter 16 - OFFENSES AND MISCELLANEOUS PROVISIONS
Part of the Code of Ordinances of Burrillville, RI.
The text
Footnotes:
--- (1) --- Cross reference— Courts, ch. 11.
State Law reference— Offenses punishable under state law shall not be imposed by ordinance, G.L. 1956, § 45-5-6; criminal offenses, G.L. 1956, Title 11.
ARTICLE I. - IN GENERAL#
Sec. 16-1. - Malicious injury.#
(a)
Disfiguring fences. No person shall mutilate or disfigure any fence, building or railing, or write or draw upon any of them any words, pictures or figures.
(b)
Injury to streetlights. No person shall break, throw down, extinguish or otherwise injure any lamp or lantern erected for the purpose of lighting any street, highway, bridge or public place or ground set apart for public purposes in this town, whether the same is erected by the town or any other person.
(c)
Defacing trees. No person shall daub with paint, cut, break or otherwise injure, or by scratching or writing with paint, blacking, chalk or in any other way or manner deface any post, lamppost, fence, tree, tree box, house or other building situated in or upon any street, highway, bridge or public place or ground set apart for public purposes in the town, or any ornament or appurtenance of such post, lamppost, fence, tree, tree box, house or other building.
(d)
Defacing public fountains. No person shall deface or defile or in any way willfully injure or damage any public drinking fountain, watering trough or public urinal in the town or any appurtenances thereof, or any pipes leading thereto or therefrom or waste the water supplied thereto.
(Code 1972, § 3-4)
Sec. 16-2. - Possession of open containers of alcoholic beverages.#
(a)
Definitions.
Managing authority is the board, commission or agency responsible for authorizing the use of the public place. (1)
It shall be unlawful for any person to consume or have in their possession any open containers of alcoholic beverages of any kind on public highways, beaches, picnic areas or any other public place within the town.
(2)
Notwithstanding the provisions of section 16-2(a), possession and consumption of alcoholic beverages may be allowed for events meeting the following conditions:
a.
The event is scheduled for the Assembly Theatre or grounds, the Stillwater Pavilion and grounds, Beckwith-Bruckshaw Memorial Lodge (Burrillville Recreation Center) the Champlin Building or the American Legion Hall, Post 17 (103 Harrisville Main St., Harrisville) and the sponsor has entered into a contract/agreement with the appropriate managing authority; and
b.
The event sponsor is a non-profit organization eligible for a class F or class F-1 license as provided by G.L. 1956, §§ 3-7-14 and 3-7-14.1 and the town council has issued a class F or class F-1 license; or
c.
The event sponsor who is not eligible for a class F or class F-1 license has secured the services of a class P licensed caterer; and only the class P licensee or their employees may serve alcoholic beverages at the event;
d.
The managing authority has approved the possession and consumption of alcoholic beverages for the specific event;
e.
The town council shall review and approve all events;
f.
The town council shall promulgate rules and regulations for the implementation of this section.
(Code 1972, § 3-9; Ord. of 5-8-2019(1))
Cross reference— Alcoholic beverages, § 8-26 et seq.
Sec. 16-3. - Use or consumption of cannabis prohibited.#
(a)
Definitions.
(1)
Cannabis. Cannabis or marijuana, shall include, but is not limited to, any useable form of the plant (flowers, leaves, buds, stems or any other part of the plant). For the purposes of this section, cannabis use includes smoking, "vaping," and/or edibles such as marijuana infused food, beverages, or any other derivative that can be ingested into the body. Cannabis shall also include cannabidiol, marijuana concentrates and THC oils.
(2)
Public places. Public places means any public property or place in which people gather, and includes, but is not limited to any public park, public beach, public waterways, recreational fishing areas, public recreation trails, public facilities, pavilions and open air venues where the public congregates or recreates, any municipal parking lot or property, municipal buildings, theaters, public pools, playgrounds, skate park, athletic fields, public and private school grounds, any place of amusement, common areas, including any public street, alley, highway, bridge or walkway. Athletic fields shall include any playing field, ballfield, basketball court, tennis court or any other property where sports activities occur. Public places shall also include where exposure to the marijuana smoke significantly adversely affects the health, safety or welfare of children.
(b)
Purpose. For purposes of this section, the use of cannabis shall be prohibited in public places.
(c)
Exclusions. Notwithstanding the provisions of subsection (a)(2), an owner of an apartment complex may permit the smoking/use of cannabis in a designated area.
(d)
Medical marijuana. The use of medical marijuana on public property shall not be permitted in accordance with G.L. 1956, § 21-28.6-7, and as may be amended.
(e)
Penalty. The penalty for violation of this section shall be up to the maximum allowed by state law (G.L. 1956, § 45-6-2) 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 fine of up to $500.00.
(f)
Jurisdiction. All violations of this section shall be within the exclusive jurisdiction of the municipal court for the town.
(Ord. of 11-09-2022(1))
Sec. 16-4. - Reserved.#
Editor's note— An ordinance adopted Jan. 9, 2008, repealed §§ 16-3 and 16-4, which pertained to use regulations for parks and recreation areas and swimming and bathing and were derived from Code 1972, §§ 3-16 and 3-16.1)
Sec. 16-5 - Disorderly conduct.#
(a)
A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
(1)
Engages in fighting or threatening, or in violent or tumultuous behavior;
(2)
In a public place or near a private residence that he or she has no right to occupy, disturbs another person by making loud and unreasonable noise which under the circumstances would disturb a person of average sensibilities;
(3)
Directs at another person in a public place offensive words which are likely to provoke a violent reaction on the part of the average person so addressed;
(4)
Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances;
(5)
Engages in conduct which obstructs or interferes physically with a lawful meeting, procession or gathering;
(6)
Enters upon the property of another and for a lascivious purpose looks into an occupied dwelling or other building on the property through a window or other opening;
(7)
Exposes his or her genitals to the view of others under circumstances in which his or her conduct is likely to cause affront, distress, or alarm to the other persons; or
(8)
Urinates or defecates on any public street, alley or sidewalk or the floor of any public place or public building where the public has the right to gather or to which it has access; or deposits or causes to be deposited any human fecal matter in such places.
(b)
Any person, including a police officer, may be a complainant for the purposes of instituting action for any violation of this section.
(c)
Any person found guilty or who enters a plea of guilty or nolo contrendere of a violation of this section shall be fined not more than $500.00.
(d)
In no event shall subdivisions (a)(2) through (5) of this section be construed to prevent lawful picketing or lawful demonstrations including, but not limited to, those relating to a labor dispute.
(e)
In no event shall the provisions of this section be construed to apply to breastfeeding in public.
(Ord. of 6-22-2005(2); Ord. of 1-22-2014)
Secs. 16-6—16-30. - Reserved.#
ARTICLE II. - NOISE#
Sec. 16-31. - Findings; statement of policy.#
(a)
The town 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.
(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.
(b)
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. of 1-22-2003(2), § I)
Sec. 16-32. - 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.
(c)
Scope. This article shall apply to the control of all noise originating within the limits of the town, except when:
(1)
The facility generating the noise has been granted a permit or license by a federal and/or state agency and the authorization to operate within set noise limits; or
(2)
Such noise has been granted an exemption or special use permit pursuant to sections 16-36 or 16-48.
(Ord. of 1-22-2003(2), § II)
Sec. 16-33. - 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.
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.
A-scale (dBA) means the sound level in decibels measured using the A-weight or network as specified in ANSI Standard 1.4-1983 for sound level meters. The level is designated dB(A) or dBA.
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 purposes 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.
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, dropforge 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. The lot line or boundary is an imaginary line at ground level which separates a lot and its vertical extension owned by one entity from that owned by another.
Mixed use means a dwelling unit or school located in a commercial or an industrial zone.
Motorboat. See Watercraft.
Motor vehicle means any motor-operated vehicle licensed for use on the public highways, but not including a motorcycle.
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 dB(A) level for such sound set out in this article.
Nonconforming use means a use of a structure, building or land which was established as a 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.
Off-road recreational vehicle means any motor vehicle, including road vehicles, but excepting watercraft, used off public roads for recreational purposes.
Physical characteristics of sound means the steady, impulsive or narrow band property of a sound, the level of 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.
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.
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. Residential property shall include hotels and motels.
Sound means 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 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 1.4-1983.
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 x 10-6N/m'). The sound pressure level is denoted SPL and is expressed in decibels.
Special use permit means as specified in the town zoning ordinance.
Steady sound means a sound whose level remains essentially constant (+ or - 5dB) during the measurement period with the sound level meter.
Tone means any sound which can be distinctly heard as a single pitch or set of single pitches. For the purposes of this article, a tone shall exist if an octave-band analysis indicates any octave band five dB or more over both the band above and below.
Unnecessary, excessive or offensive noise means any sound or noise conflicting with criteria, standards or levels set forth in this article for permissible noises.
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 by the zoning ordinance of the town and indicated on the official zoning map.
(Ord. of 1-22-2003(2), § III)
Cross reference— Definitions generally, § 1-2.
Sec. 16-34. - Penalty for violation.#
(a)
Any person found to have violated the terms of this article shall be punished in accordance with section 1-6.
(b)
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 fine of up to $500.00.
(c)
Each noise disturbance shall be considered a separate offense.
(Ord. of 1-22-2003(2), §§ IV, XX)
Sec. 16-35. - Exceptions from article provisions.#
(a)
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 16-37;
(4)
Agricultural activities, excluding those involving the ownership or possession of animals or birds on parcels of five acres or more;
(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 10:00 p.m.; and
(7)
The emission of sound in the operation of snow removal equipment at any time.
(b)
The emission of sound relative to permitted construction and demolition, earthmoving, utilizing internal combustion engines, motors, and normal maintenance activities are:
(1)
Allowed during normal Eastern Standard Time: activities between the hours of 7:00 a.m. and 6:00 p.m.
(2)
Allowed during Daylight Savings Time: activities between the hours of 7:00 a.m. and 8:30 p.m.
(3)
Prohibited at any hour on Sunday.
(Ord. of 1-22-2003(2), § V)
Sec. 16-36. - 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 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. Upon good cause shown, the public safety director also may issue a temporary exemption, not to exceed five consecutive days for special events, if application is made at least 24 hours prior to the event. No entity shall be entitled to more than three such exemptions in any one calendar year.
(Ord. of 1-22-2003(2), § VI)
Sec. 16-37. - Noise disturbances prohibited generally.#
(a)
No person shall make, continue or cause to be made or continued, except as permitted in this article, any noise or sound which constitutes a noise disturbance. In the absence of specific maximum noise levels, a noise level must exceed the ambient noise level by five dB(A) or more, when measured at the nearest property line or, in the case of a multifamily residential building, 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, in order to constitute a noise disturbance.
(b)
This section shall apply to the use or occupancy of any lot or structure thereon and to the noise produced thereby but shall not apply to the intermittent or occasional use, during the daytime, of homeowner's light residential outdoor equipment or commercial service equipment.
(Ord. of 1-22-2003(2), § VII)
Sec. 16-38. - Measurement of sound.#
(a)
Generally; tests for noise disturbances. In addition to the definition established in section 16-33, 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 and intensity of the background noise, if any;
(2)
The proximity of the noise to residential sleeping facilities;
(3)
The nature and zoning of the area within which the noise emanates;
(4)
The density of inhabitation of the area within which the noise emanates;
(5)
The time of the day or night the noise occurs;
(6)
The duration of the noise;
(7)
Whether the noise is recurrent, intermittent or constant; and
(8)
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 I in section 16-39, or exceeds the ambient noise level by more than five decibels.
(1)
Noise level limits. 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 whole octave band analyzer meeting the standards prescribed by the American National Standards Association. All sound measurements shall be for a minimum duration of five consecutive minutes. 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 in section 16-39.
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. of 1-22-2003(2), § VIII)
Sec. 16-39. - 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 special use permit, 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 1 Residential Business
Limited & General Commercial
Industrial
Octave Band Center Frequency of all Measurement (HZ)> Daytime All
Other
Times Daytime All
Other
Times Any time
31.5 61 53 66 58 68
63 60 52 65 57 67
125 56 48 61 53 63
250 54 44 59 49 59
500 50 40 55 45 55
1000 47 37 52 42 52
2000 43 33 48 38 48
4000 39 29 44 34 44
8000 38 28 43 33 43
Single number Equivalent 53 dB(A) 43 dB(A) 58 dB(A) 48 dB(A) 58 dB(A)
1 Unless otherwise noted, values given in the following table are dB, i.e., no adjustments for "A" or "C" weighting.
(b)
For any source of sound which emits a tone, the maximum sound-pressure level limits and single-number equivalents set forth in subsection (a) of this section shall be reduced by five dB.
(c)
Exceptions to table I are activities covered in sections 16-35 and 16-36.
(Ord. of 1-22-2003(2), § IX)
Sec. 16-40. - Emergency signaling devices.#
(a)
No person shall operate or permit the intentional sounding outdoors of any fire, burglar, vehicle, or civil defense alarm, siren whistle or similar stationary emergency signaling device, except for emergency purposes or for testing or monitoring, 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 6:00 p.m. Any such testing shall use only the minimum cycle test time.
(Ord. of 1-22-2003(2), § X)
Sec. 16-41. - Specific prohibited acts.#
The following actions are prohibited only when causing a noise disturbance as defined in this chapter: (1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7)
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.
(8)
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.
(9)
Schools, courts, churches, hospitals. The creation of any noise disturbances 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 such is a school, hospital or court street.
(Ord. of 1-22-2003(2), § XI)
Sec. 16-42. - 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. of 1-22-2003(2), § XII)
Sec. 16-43. - 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 in this section, 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 in this section 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 (a) 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 86 dBA 90 dBA
(2) Any motorcycle 82 dBA 82 dBA
(3) Any other motor vehicle and any combination of motor vehicles towed by such motor vehicle 75 dBA 75 dBA
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 in this section. 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 II in this section.
(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.
(Ord. of 1-22-2003(2), § XIII)
Sec. 16-44. - Construction.#
(a)
Exceptions. This article shall not apply to:
(1)
Emergency work or repair work performed by and for government entities or public service utilities or their agents; or
(2)
Work for which a special use permit has been obtained under section 16-48.
(b)
Restrictions. The use of domestic power tools or equipment is subject to the noise levels set forth in table I in section 16-39.
(Ord. of 1-22-2003(2), § XIV)
Sec. 16-45. - 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 in section 16-39.
(Ord. of 1-22-2003(2), § XV)
Sec. 16-46. - Implementation, administration and enforcement.#
(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 disturbances 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. of 1-22-2003(2), § XVI)
Sec. 16-47. - 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. of 1-22-2003(2), § XVII)
Sec. 16-48. - Special use permits.#
(a)
Designated. The zoning board of review, established pursuant to G.L. 1956, § 45-24-57(vii) is hereby designated as the board of appeal and relief from this article.
(b)
Authority. The zoning board of review, acting pursuant to G.L. 1956, § 45-24-57(vii), shall have the authority, consistent with this section, to grant special use permits after a public hearing.
(c)
Application. Any person seeking a special use permit 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 special use permit is sought into compliance with this article would constitute an unreasonable hardship on the applicant, on the community or on other persons.
(d)
Application fee. All applications shall be subject to any applicable application fee and shall be in accordance with provisions for a special use permit as set forth in the town zoning ordinances.
(e)
Grant, denial or revocation.
(1)
In determining whether to grant or deny an application, or revoke a special use permit previously granted, the zoning board of review shall balance the hardship to the applicant, the community and other persons if the special use permit 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 special use permit is allowed. The zoning board may grant the relief as applied for if it finds that:
a.
Additional time is necessary for the applicant to alter or modify his activity or operation to comply with this section; or
b.
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
c.
No other reasonable alternative is available to the applicant.
(2)
Applicants for special use permits and persons contesting special use permits 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 special use permit previously granted, the zoning board of review shall place on public file a copy of the decision in the land evidence records of the town stating the reasons for granting, denying or revoking the special use permit.
(f)
Conditions. The special use permit 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 special use permit shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special use permit shall terminate it and subject that person to those provisions of this article regulating the source of sound or activity for which the special use permit was granted.
(g)
Modification of permit. Determination of modification of a granted special use permit shall also be made in accordance with the rules and procedures set forth in this section.
(h)
Expiration. The special use permit shall automatically expire when the specific use for which it was granted is discontinued for a period of six months.
(Ord. of 1-22-2003(2), § XVIII)
Sec. 16-49. - Jurisdiction.#
Jurisdiction of offenses under this section shall be in the municipal court of the town, or in the district court in the absence of any municipal court for the town.
(Ord. of 1-22-2003(2), § XXI)
Secs. 16-50—16-60. - Reserved.#
ARTICLE III. - LITTER#
Sec. 16-61. - 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:
Authorized private receptacle means a litter storage and collection receptacle.
Enforcement officer means any police officer of the Town of Burrillville.
Garbage means decomposable animal and vegetable wastes including but not limited to those resulting from the handling, preparation, cooking and consumption of food.
Litter means garbage, refuse and rubbish, as defined in this section, and all other waste material which, if thrown or deposited as prohibited in this article, including but not limited to those that tend to constitute a hazard, or the presence of which is offensive to a person of ordinary sensibility.
Park means a park, reservation, playground, beach, recreation center or any other public area in the town, owned or used by the town, and devoted to active or passive recreation.
Private premises means any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch or steps belonging or appurtenant to such dwelling, house, building or other structure.
Public place means any street, sidewalk, boulevard, alley or other public way; including but not limited to any public park, square, space, grounds or building; and including but not limited to town property and state property.
Refuse means all decomposable and nondecomposable solid wastes, except body wastes, including but not limited to garbage, rubbish, ashes, street cleanings, abandoned automobiles, and solid market and industrial wastes.
Rubbish means all nonputrescible solid waste, excluding ashes, consisting of both combustible waste including but not limited to wastes such as paper, cardboard, plastic containers, yard clippings, wood, cigarette packs, cigarette butts, wrappers and noncombustible wastes such as tin cans, glass, bottles and crockery.
Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
(Ord. of 5-9-2007(1))
Sec. 16-62. - Depositing on streets, sidewalks, etc.#
No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the town except in public receptacles in authorized private receptacles for collection or in official city dumps or sanitary landfill areas.
(Ord. of 5-9-2007(1))
Sec. 16-63. - Placement in receptacles.#
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
(Ord. of 5-9-2007(1))
Sec. 16-64. - Litter to be disposed of in receptacles.#
It shall be unlawful for any person going upon the premises of another to dispose of litter while on such premises, except in receptacles provided for such purposes with the consent of the owner or person in control of such receptacle.
(Ord. of 5-9-2007(1))
Sec. 16-65. - Sweeping into gutters prohibited; sidewalks in front of privately owned premises to be kept free of litter.#
No person shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
(Ord. of 5-9-2007(1))
Sec. 16-66. - Merchants to keep sidewalks free of litter.#
No person owning or occupying a place of business, golf course or country club shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business, golf courses or country clubs within the town shall keep the sidewalk in front of their business premises, golf course or country club free of litter.
(Ord. of 5-9-2007(1))
Sec. 16-67. - Throwing, depositing from vehicles prohibited.#
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the town or upon private property.
(Ord. of 5-9-2007(1))
Sec. 16-68. - Truckloads causing litter.#
No person shall drive or move any truck or other vehicle within the town unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
(Ord. of 5-9-2007(1))
Sec. 16-69. - Depositing in parks.#
No person shall throw or deposit litter in any park within the town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this article.
(Ord. of 5-9-2007(1))
Sec. 16-70. - Depositing on occupied private property.#
No person shall throw or deposit litter on any occupied private property within the town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
(Ord. of 5-9-2007(1))
Sec. 16-71. - Owner to maintain premises free of litter.#
The owner or person in control of any private property shall at all times maintain the premises free of litter, provided that this action shall not prohibit the storage of litter in authorized private receptacles for collection.
(Ord. of 5-9-2007(1))
Sec. 16-72. - Depositing on vacant lots.#
No person shall throw or deposit litter on any open or vacant private property within the town, whether owned by such person or not.
(Ord. of 5-9-2007(1))
Sec. 16-73. - Distributing commercial and noncommercial handbills at inhabited private premises; exemption for newspapers.#
(a)
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in this article, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited so as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
(b)
The provisions of this section shall not apply to the distribution of mail by the United States or other duly licensed delivery specialists, nor to newspapers except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
(Ord. of 5-9-2007(1))
Sec. 16-74. - Posting notice prohibited.#
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility post or shade tree, or upon any public property, or in any manner prohibited under GL 1956, § 5-18-1, except as may be authorized or required by law.
(Ord. of 5-9-2007(1))
Sec. 16-75. - Notice to remove.#
(a)
Upon a finding by any police officer of the town that any property within the town is in such condition as to be in violation of the requirements of this article, he or she shall give notice thereof to the owner or owners of the property on which the litter is located to comply with the requirements of this article within 24 hours after service of notice. Such notice shall contain a statement of the findings of the officer as to violations and a description of the property. Such notice may be given personally or by certified mail to the owner or owners of the property described as their names and addresses are shown upon the records of the tax assessor of the town, and service of such notice shall be deemed complete and sufficient when so addressed and deposited in the United States mail with postage prepaid and/or by posting a certified copy on the premises and/or by advertising in one or more newspapers. Nothing in this section shall prohibit town employees from removing litter, including but not limited to items prohibited by section 16-74, from any public place, as defined herein.
(b)
Enforcement authority. Any police officer of the town is authorized to:
(1)
Issue a written citation, or summons to municipal court, if such officer witnesses a violation, or has probable cause to believe that a person has violated the provisions of this article.
(2)
Investigate any litter found thrown, deposited, or dumped on a public place, or at the owner or owners' written request on private property as well.
(3)
Issue a notice of violation and order the removal of said litter pursuant to procedures defined in section subsection 16-75(a) of this article.
(Ord. of 5-9-2007(1))
Sec. 16-76. - Failure to comply.#
Upon failure of the owner or owners of such premises to remedy the conditions existing in violation of the requirements hereof within seven days after service of notice to do so as provided herein, then the chief of police or his/her designee may proceed to have such conditions remedied either by the Town of Burrillville or through a private contractor so retained by said town. Said owner or owners shall then be cited to appear before the Burrillville Municipal Court where, upon conviction, said owner or owners shall be fined in accordance with the ordinances of the Town of Burrillville, and shall be required to pay the costs of remediation and cleaning incurred by the town.
(Ord. of 5-9-2007(1))
Sec. 16-78. - Notice of completion of work.#
Upon completion of the required work by the town as provided in sections hereof, notice thereof and of the cost assessed therefore shall be given to the owner in the same manner as prescribed for notice of violations in section section 16-75 of this article, and the sum assessed shall be due and payable within 30 days after such completion and cost, as ordered by the municipal court.
(Ord. of 5-9-2007(1))
Sec. 16-79. - Right to appeal.#
Any person owning all or any interest in said property shall have the right to appeal the findings of violation within seven days of service of the notice thereof to the municipal court. Appeals from any decision of the municipal court under section 16-76 herein, may be appealed to the superior court within seven days under section 11-6 of the Town of Burrillville Code of Ordinances.
(Ord. of 5-9-2007(1))
Secs. 16-80—16-90. - Reserved.#
ARTICLE IV. - ALARM SYSTEMS#
Sec. 16-91. - Purpose.#
The purpose of this article is to set standards for the use of alarm systems in the Town of Burrillville, to protect the police and other emergency services from misuse, and to protect the health, welfare, and safety of the general public. This article is intended to ease the potential of a police officer or citizen being injured during responses to false alarms as well as to promote the responsible use of alarm systems.
(Ord. of 8-24-2011(1), eff. 1-1-2012)
Sec. 16-92. - Applicability to systems summoning police.#
The provisions of this article shall apply to any person, business, or corporation within the Town of Burrillville who uses, operates, or owns any alarm system that summons the police department in response to an alarm signal.
(Ord. of 8-24-2011(1), eff. 1-1-2012)
Sec. 16-93. - Definitions.#
As used in this article, the following words, terms, and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Alarm business. Any business that installs, maintains, monitors, alters, repairs, replaces, or services alarm systems located within the Town of Burrillville.
Alarm system. An assembly of equipment and devices (or a single device) designed to detect and signal an unauthorized intrusion, presence of a hazard, or other type of emergency to which the police are expected to immediately respond. The term also includes any device which, when activated, transmits a signal to police headquarters, transmits a signal to a person who relays the information to police headquarters, or produces an audible or visible signal to which the police department is expected to respond. The term also includes any fire alarm systems and alarm systems which monitor temperature, humidity, or any other condition which is not related directly to an unauthorized intrusion are not included in this article.
Alarm user. The owner, occupant, lessee, or agent of any premises in which an alarm is used or provided, who expressly accepts responsibility for an alarm device by registration with the Burrillville Police Department shall be deemed the alarm user.
Audible/visual alarm (a/k/a local alarm). Any device designated for the protection of unauthorized entry on premises thereon, which device generates an external audible sound or flashing light (or both) when it is activated. In addition, the decibel level of audible alarms shall follow the Burrillville Town Ordinance to which it applies.
Automatic dial alarm. A telephone device or attachment that mechanically or electronically solicits a telephone call to police headquarters and produces a pre-recorded voice message to report a criminal act or other emergency requiring a police response.
Burglar alarm. An alarm system which signals an entry or attempted entry to an area protected by the alarm system.
Central station call center. A place of business to which remote alarm devices transmit signals where operators monitor said signals and relay the information to the Burrillville Police Department.
Direct line alarm. An alarm device which is connected to an alarm panel within the communications center of the Burrillville Police Department which electronically activates a signal soliciting an emergency response.
Emergency. An occasion threatening the security of life and/or property, which reasonably calls for a response by the police department. A response due to failure of the alarm system or due to personal error is not considered an emergency.
False alarm. Any alarm activation which is responded to and found by police to have been caused by anything other than a legitimate breach of the security system shall be deemed a false alarm. Some examples include alarms accidentally set off by owner (or other individuals authorized by the alarm user to have access to the premises) and not canceled in a timely manner, unsecured animals in the house, and doors or windows left unsecured. Excluded from this provision will be alarms caused by thunder storms, power outages, and other acts of nature where multiple alarms in the area are affected.
Holdup alarm. An automatic alarm signaling a robbery or attempted robbery.
Keyholder. The individual(s) designated by the alarm user to respond to the premises of the alarm when notified by the police and/or the central station.
Manual holdup alarm. An alarm system whose signal transmission is initiated by a person inside the alarmed premises or an observer to the action which requires police.
Police chief. The Chief of Police of the Town of Burrillville or his designated agent.
(Ord. of 8-24-2011(1), eff. 1-1-2012)
Sec. 16-94. - Alarm registration.#
Each alarm user who plans to transmit signals to the Burrillville Police Department, whether via a central station, local alarm, automatic dial, or direct line, must register with the police department under the following guidelines: (1)
The alarm user shall complete an alarm registration form provided by the Burrillville Police Department (and also made available on the department's website) within ten business days of the system installation, or the transfer of an alarmed premises to a new owner/lessee. All information on the form shall be completed, including the type of alarm, location, keyholder information, and other pertinent facts. Any and all changes to the alarm registration information must be provided to the Burrillville Police Department in writing within ten business days.
(2)
Residents and businesses within the Town of Burrillville who are already using any alarm system shall register these existing systems with the police department within ten business days of the effective date of this article.
(3)
There shall be a one-time registration fee of $10.00 for each alarm system registered and this fee is payable at the time of registration.
(4)
Any existing alarm system within the Town of Burrillville that is already registered (meaning that complete information has been entered into a site file at the police department communications center) will be considered grandfathered and no registration fee shall apply. However, alarm users who have previously registered shall still be required to fill out the new registration form as it may require information that was not previously provided. No registration fee shall be required to re-register an alarm system.
(5)
Alarm registrations are not transferable.
(6)
If a residential alarm user is over the age of 65, is blind, deaf, or otherwise physically handicapped (to the extent that his or her mobility is substantially limited), in addition to being a primary resident of the dwelling, and assuring that no business is conducted out of the residence, then the registration fee shall be waived by the chief of police.
(Ord. of 8-24-2011(1), eff. 1-1-2012)
Sec. 16-95. - Automatic telephone dialers.#
Automatic telephone dialers shall be allowed to dial the Burrillville Police Department a maximum of two times for any single activation of the alarm system. They may also dial a keyholder and/or a central station who will then notify the Burrillville Police. Specifically: (1)
The length of time for the delivery of the first emergency recorded message shall not exceed one minute. The time lapse for the delivery of the second message shall be in the range of one to two minutes later.
(2)
The content of the recorded message must be intelligible, concise, and in a format that is appropriate to the nature of the alarm. The address must be clearly stated and very specific. An example of an appropriate recorded message would be: "The burglar alarm system has been activated at the James Smith Residence, 56 Maple Street in Harrisville. That is five-six Maple Street in Harrisville. Please send police. Again, the second burglar alarm system has been activated at the Smith residence, 56 (FIVE SIX) Maple Street in Harrisville. Please send police."
(3)
No recorded message shall be delivered to the police department more than twice as the result of single stimulation or activation of the alarm system.
(Ord. of 8-24-2011(1), eff. 1-1-2012)
Sec. 16-96. - Audible and local alarms.#
Unless required by law, no alarm device which produces an exterior audible signal shall be installed unless its operation is automatically restricted to a maximum of 15 minutes. In addition, it is unlawful for any person to use, or cause to be used, or to install a local or audible alarm system which, upon activation, emits a sound similar to that emitted by sirens on emergency vehicles. The decibel volume of any audible alarms shall be in accordance with the Town of Burrillville Noise Ordinance.
(Ord. of 8-24-2011(1), eff. 1-1-2012)
Sec. 16-97. - Direct line alarms.#
(a)
Only financial institutions and government agencies (local, state, or federal) shall be permitted to connect alarm systems directly to the communications center of the police department. Any and all costs incurred with the installation and maintenance of these alarms shall be the sole responsibility of the institution or agency. Any non-applicable alarms that were connected prior to this enactment shall be disconnected by the alarm user or the respective alarm company no later than March 1, 2012.
(b)
This article does not prohibit fire alarm systems which are deemed necessary by the Burrillville fire departments to be established as direct line alarms at the Burrillville Police Department.
(Ord. of 8-24-2011(1), eff. 1-1-2012)
Sec. 16-98. - Testing of alarm systems.#
No alarm system will be demonstrated or tested to merely determine the speed or type of police response. An alarm user or company must notify the police department prior to any service, testing, repair or adjustment of an alarm system. Likewise, the alarm user must notify police immediately upon completion of these tasks.
(Ord. of 8-24-2011(1), eff. 1-1-2012)
Sec. 16-99. - House and building numbers.#
All buildings with registered alarm devices shall be required to display the proper house/ building/ apartment number as outlined: (1)
Where the structure is within 50 feet of the edge of the roadway, the number shall be displayed on the front of the structure in the vicinity of the front door or entryway.
(2)
Where the structure is over 50 feet from the edge of the roadway, the assigned number shall be displayed on the structure as well as on a post, fence, wall, or mailbox at the property line, adjacent to the walk or access road to the structure.
(3)
Numbers must be easily visible from the street and should be a minimum of two inches in height and displayed with a color which is contrasting to the background. Numbers which are illuminated or those made out of reflective material are the most easily visible to police.
(Ord. of 8-24-2011(1), eff. 1-1-2012)
Sec. 16-100. - Smoke detectors or fire alarms.#
Nothing in this article shall be deemed to prohibit the installation and use of smoke detectors, carbon monoxide detectors, or fire alarms designed for internal use for the protection, safety, and well-being of the occupants of any building within the Town of Burrillville.
(Ord. of 8-24-2011(1), eff. 1-1-2012)
Sec. 16-101. - Confidentiality of information.#
All statements and information relating to the installation and location of an alarm system given to the chief of police or his designee shall be maintained in strict confidence within the police department and may be made public only when required in a court action resulting from a violation of any provision of this chapter or by a court of the appropriate jurisdiction.
(Ord. of 8-24-2011(1), eff. 1-1-2012)
Sec. 16-102. - Violations and penalties.#
Any and all violations of this article shall fall under the jurisdiction of the Burrillville Municipal Court. For violations requiring hearing, fines may be imposed up to the amount of $500.00, as may be amended, (Burrillville Town Ordinance section 11-5) and/or revocation of the alarm registration of the user. Charges heard before the Municipal Court are also subject to applicable court costs (Burrillville Town Ordinance section 11-5). Specific penalties and fines for violations of this article are as follows: (1)
Failure to register an alarm system or failure to give notice of changes in registration information, as set forth in the alarm registration section of this article, will be first given a written notice to register the alarm within ten business days. Failure to do so or any subsequent violation by the same alarm user will result in a summons to appear in court.
(2)
Failure of a keyholder to respond to the premises of an alarm within 30 minutes when summoned by a police department official (or by their own alarm monitoring agency at the request of the police) shall result in a written warning for the first offense. Any subsequent violation will result in a summons to appear in court.
(3)
Failure of an automatic dial alarm to provide the information outlined in said section of this article, or any telephone dialer set to call the Burrillville Police Department more than two times per alarm, shall result in a written warning for the first offense. Any subsequent violation will result in a summons to appear in court.
(4)
Failure of a local alarm siren or bell to reset or shut off after the maximum 15 minutes as mandated by this article shall result in a written warning for the first offense. Any subsequent violation will result in a summons to appear in court. Any violation of the decibel level of audible alarms shall fall under the Burrillville Noise Ordinance.
(5)
After responding to two false alarms at any given alarmed location within a two-calendar-year period, a written warning will be given to the alarm user granting a ten-business-day grace period to correct the problem. If, after the grace period, there are any subsequent false alarms, the alarm user shall be fined $100.00 for the first offense and $200.00 for the second offense. Any additional offenses within the two-year period shall result in an automatic summons to appear before the Burrillville Municipal Court for a hearing.
(Ord. of 8-24-2011(1), eff. 1-1-2012)
Sec. 16-103. - Appeals.#
All appeals for fines, penalties, reviews, and revocations made by the Burrillville Municipal Court regarding this alarm system ordinance may be appealed to the Rhode Island Superior Court (Burrillville Town Ordinance section 11-6 and Rhode G.L. 1956, § 45-24-3.1) Information regarding the appeals procedure as set forth by the superior court shall be made available upon request.
(Ord. of 8-24-2011(1), eff. 1-1-2012)
Sec. 16-104. - Disclaimer of liability.#
Notwithstanding the provisions of this article, the town, its departments, officers, agents, and employees shall be under no obligation whatsoever concerning the adequacy, operation or maintenance of any alarm device or of the alarm monitoring facility. No liability whatsoever is assumed for the failure of alarm devices or monitoring facilities or for the failure to respond to alarms or for any reason in connection with such alarm devices. Each alarm user shall be deemed to hold and save harmless the town, its departments, officers, agents, and employees from liability in connection with said alarm user's alarm system and/or monitoring service.
(Ord. of 8-24-2011(1), eff. 1-1-2012)