The text
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)