The text
Sec. 22-61. - Statement of public policy.#
The town council finds and declares that extreme and excessive noise affects the health, safety and welfare of its residents and citizens.
(Code 2003, § 22-61; Ord. of 1-23-2006)
Sec. 22-62. - Purpose, title and scope.#
(a)
The purpose of this article is to establish objective standards to control extreme and excessive noise by setting maximum permissible sound levels for certain times and places in town.
(b)
This article may be cited as the "Noise Ordinance of the Town of Jamestown."
(c)
This article applies within the town limits as specified below.
(Code 2003, § 22-62; Ord. of 1-23-2006)
Sec. 22-63. - Measurement of sound.#
Decibel measurement under this article shall be made with a sound level meter, which shall be an instrument in good operating condition, meeting the requirements of a type I or type II meter, as specified by American National Standards Institute (ANSI) standard 1.4-1971. For purposes of this article, a sound level meter shall contain A-weighted scale and both fast and slow meter response capability.
(Code 2003, § 22-63; Ord. of 1-23-2006)
Sec. 22-64. - Freedom of speech and expression unaffected.#
This article should not be interpreted, construed or applied in a manner that is inconsistent or violative of the First Amendment to the U.S. Constitution or article I, section 21 of the Rhode Island Constitution.
(Code 2003, § 22-64; Ord. of 1-23-2006)
Sec. 22-65. - Prohibited noises.#
No person shall make, continue or cause to be made or continued, except as permitted, any noise in excess of the decibel limits set forth in this article.
(Code 2003, § 22-65; Ord. of 1-23-2006)
Sec. 22-66. - Maximum permissible sound levels.#
Maximum permitted sound levels are as follows: Zoning Category Time Decibel Limit
Residential, and open space 8:00 a.m. to 10:00 p.m. 70
OS-I, OS-II, RR-200, RR-80, R-40, R-20, R-8 10:00 p.m. to 8:00 a.m. 60
Business (neighborhood, waterfront and general) All 75
(CL, CD, CW, DC)
Public All 75
(Code 2003, § 22-66; Ord. of 1-23-2006)
Sec. 22-67. - Enforcement.#
This article shall be implemented, administered and enforced by the town police department.
(Code 2003, § 22-67; Ord. of 1-23-2006)
Sec. 22-68. - Penalties.#
Any person found to be in violation of this article shall be punished as follows: (1)
The first offense shall be punished by the issuance of a written warning to cease and desist the violation.
(2)
The second offense shall be punished by a fine of $25.00.
(3)
The third offense and each subsequent offense shall be punished by a fine of $100.00.
(Code 2003, § 22-68; Ord. of 1-23-2006)
State Law reference— Limitation on penalties generally, G.L. 1956, § 45-6-2.