Chapter 13 - OFFENSES AND MISCELLANEOUS PROVISIONS

Footnotes:

--- (1) --- Cross reference— General penalty code violations, § 1-8; police department, Ch. 16.

State Law reference— Offenses punishable by state law shall not be imposed by ordinance, G.L. 1956, § 45-6-6; criminal offenses, G.L. 1956, Title 11.

ARTICLE I. - IN GENERAL#

Sec. 13-1. - Hunting prohibited; exception.#

(a)

No hunting will take place in any part of the town except as provided herein and in section 13-1.2.

(b)

A landowner in Warren possessing five (5) or more acres, or their designees, in accordance with state laws, may engage in archery hunting.

(Ord. of 11-14-72; Ord. of 1-13-2026(1))

Cross reference— Animals and fowl, Ch. 3.

Sec. 13-1.2. - Nuisance permits.#

To reduce deer abundance and associated negative impacts, hunting of deer by landowners, or their designees, upon their property, in accordance with state laws, provided that such landowner shall have been granted authority by the state or its subsidiaries to conduct such activities, shall be permitted.

(Ord. of 1-13-2026(1))

Sec. 13-2. - Firearms.#

(a)

Discharging restricted. Every person who shall discharge any firearms within fifty (50) yards of any dwelling or within one hundred fifty (150) feet of any road or highway shall be fined in accordance with section 1-8.

(b)

Target practice. At the request of any resident of the town, the town council when requested to do so, may in its discretion and with the permission of the owner or occupant of suitable land, designate a place where target practice with firearms may be carried on under such circumstances or conditions, regulations and restrictions as it shall impose and whenever the town council shall subsequently determine that the circumstances or conditions have altered to such an extent that the continuation of such target practice in such location is unsafe or likely to be so or that rules or regulations imposed by it have been violated or are likely to be violated or that the safety of the public is likely to be endangered, it may revoke the permission previously granted and forbid and abate such target practice, and any person engaging in target practice with any rifle, shotgun, pistol or air gun discharging balls, bullets or slugs without first obtaining permission from the town council to do so under circumstances, conditions, rules or regulations imposed by it, or so engaging after the town council shall have revoked permission to do so, shall be fined in accordance with section 1-8.

(c)

Discharge on Sunday. No person not being at the time under military duty, shall discharge any rifle, gun, musket, blunderbuss, fowling-piece, pistol, air gun, spring gun or other small arms or any contrivance arranged to discharge shot, bullets, arrows, darts or other missiles on Sunday anywhere within the town, except as follows:

(1)

Such discharge is made on nonposted land.

(2)

Such discharge is made on land owned or occupied by the person making the discharge or the person making the discharge is in possession of the written permission of the owner of the land on which such discharge is made.

Nothing contained herein shall be construed to prohibit trap shooting or skeet shooting conducted with the permission of and under conditions set forth by the town council.

(Code 1967, §§ 23-4—23-6)

State Law reference— Authority of council to regulate firearms, G.L. 1956, § 45-6-1.

Sec. 13-3. - Injuring, defacing, etc., town property, etc.#

Any person who shall wilfully or mischievously break, cut or otherwise injure or deface any property of the town, or any post, lamppost, tree, tree box or fence or building standing or situated upon any street, highway or other public place, shall be punished in accordance with section 1-8.

(Code 1967, § 23-8)

State Law reference— Destruction of wastewater facilities, § 21-31.

Sec. 13-4. - Public or indecent intoxication.#

Any person who shall be intoxicated under such circumstances as to amount to a violation of decency on the common, or in any highway, street, gangway, public building or other public place in the town, shall be fined not exceeding ten dollars ($10.00) or imprisonment not exceeding ten (10) days.

(Code 1967, § 23-7)

State Law reference— Authority of council to prevent and punish indecent intoxication, G.L. 1956, § 45-6-3.

Sec. 13-5. - Minors, possession or consumption of alcoholic beverages in public places, etc.#

(a)

It shall be unlawful for any minor to have in his possession alcoholic beverages in a public place, on a public way or upon any public property.

(b)

It shall be unlawful for any minor or other person to consume alcoholic beverages in a public place, on a public way or upon any public property.

(c)

Any minor violating the provisions of this section shall be punished as provided in section 1-8.

(Code 1967, §§ 21-1, 23-81)

Cross reference— Alcoholic beverages, taverns and victualling houses, § 11-26 et seq.; parks and recreation, Ch. 14.

Sec. 13-6. - Picnics involving intoxicating liquors restricted.#

(a)

No picnic at which intoxicating liquors are to be used or dispensed shall be held in the town on any Sunday or any legal holiday, without permission having been obtained from the town council, or from a duly authorized committee from the same.

(b)

No person shall permit the use of any premises for such picnics aforesaid, on the days aforesaid, without having obtained permission as aforesaid.

(Code 1967, § 23-10)

Cross reference— Alcoholic beverages, taverns and victualling houses, § 11-26 et seq.

Sec. 13-7. - Loitering.#

(a)

No person shall loiter, lounge or sleep in or upon any street or public place, or in any public building, or obstruct the access to any public building or any part thereof, or obstruct passage through or upon any public street or public place.

(b)

For the purposes of this section, the term loiter shall encompass, but shall not necessarily be limited to, one (1) or more of the following acts:

(1)

Obstruction of the free, unhampered passage of pedestrians or vehicles.

(2)

Obstructing, molesting or interfering with any person lawfully upon any street, or other public place.

(3)

Refusing to move on when so requested by a peace officer, provided the peace officer has exercised his discretion reasonably under the circumstances in order to preserve or promote peace and order.

(c)

For the purpose of this section, the term "other public place" shall be deemed to include the quasi-public area in front of or adjacent to any place of business.

(d)

Any person convicted under the provisions of this section shall be punished in accordance with section 1-8.

(Ord. of 4-13-71, §§ I, II)

Cross reference— Streets and sidewalks, Ch. 18.

State Law reference— Authority to ordain ordinances to prevent loitering, G.L. 1956, § 45-6-1.

Sec. 13-8. - Playing ball, throwing stones, etc., in streets, etc.#

Any person who shall play at ball, or throw, strike or pass the same or throw any stones or missiles in any street, highway or public place in the compact part of the town, shall, upon conviction, be punished in accordance with section 1-8.

(Code 1967, § 23-11)

Cross reference— Streets and sidewalks, Ch. 18.

Sec. 13-9. - Abandoning, etc., refrigerators, ice boxes, etc.#

It shall be unlawful for any person to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended or discarded ice box, refrigerator or any other container of any kind which has an air-tight door, snap-lock or other locking device thereon without first removing such door, snap-lock or lock from such ice box, refrigerator or container.

(Code 1967, § 23-12)

State Law reference— Abandonment of refrigerator in place accessible to children, G.L. 1956, § 11-9-10.

Sec. 13-10. - Sleeping in public prohibited.#

(a)

It shall be a misdemeanor for any person to sleep in any public area of the town, except those places which provide sleeping accommodations for transient visitors.

(b)

Every person found guilty of violating this section shall upon conviction, be punished in accordance with section 1-8.

(Code 1967, § 23-12.1)

Sec. 13-11. - Swimming, bathing, etc.#

(a)

Prohibited in portion of Kickemuit River. The following activities are prohibited in the waters of the Kickemuit River lying north of Child Street in the town:

(1)

No person shall swim or bath in the waters.

(2)

No person shall bathe or fish in, nor go or send any animal into any of the waters, nor throw or place any article or thing in such waters.

(3)

No person shall sail or propel a boat or other craft in or upon the waters.

(b)

Hours restricted. No person shall for the purpose of swimming or bathing go into the waters of Narragansett Bay, Mount Hope Bay, Warren River, Kickemuit River, Belchers Cove, or any pond or other waters belonging to or coming within the limits or jurisdiction of the town between the hours of 10:00 p.m. and 6:00 a.m.

(c)

Indecent exposure. No person shall be dressed or undressed or dress in such a manner as to indecently expose his person on any part of the shores or beaches of the bay or of the shores or banks of the rivers or ponds or other waters belonging to and lying within the town. No person shall go into or be in any of the waters or the bay, rivers, ponds or other waters belonging to or lying within the town for any purposes whatever, unless clothed in such a manner as to prevent indecent exposure of his person.

(Code 1967, §§ 23-13—23-15)

Cross reference— Harbors and vessels, Ch. 10.

State Law reference— Authority of council to prevent indecent exposure of bathers in town waters, G.L. 1956, § 45-6-1.

Sec. 13-12. - Disorderly conduct.#

(a)

Any person is prohibited from committing disorderly conduct within the Town of Warren, as defined in this section. Violation of this prohibition is punishable as defined in subsection (d) below. A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:

(1)

Acts in an intimidating, violent or tumultuous manner toward another or others whereby any person is placed in fear of safety for his or her life, limb, health or wellbeing;

(2)

Acts in an intimidating, violent or tumultuous manner toward another whereby the property of any person is placed in danger of being damaged, mutilated, defaced or destroyed, or is, in fact, mutilated, damaged, defaced or destroyed;

(3)

Behaves in an intimidating, violent or forceful manner at any time in, upon or in the proximity of a public place in such a manner that such conduct constitutes a clear and present danger to the free and lawful movement of any person or to the extent that any other person will be, or is likely to be, restrained, enjoined, incapacitated or stopped in the lawful exercise of his or her business, occupation, amusement, recreation or any other lawful pursuit;

(4)

Causes, provokes or engages in any fight, brawl or tumultuous or riotous conduct so as to endanger the life, limb, health or well-being of another;

(5)

Urinates or defecates on any public street, alley or sidewalk or the floor of any public place or public building or any place or building where the public has the right to gather or to which it has access, or any private property not owned by the party;

(6)

By acts of violence, interferes with another's pursuit of a lawful occupation;

(7)

Willfully, knowingly, or recklessly makes a false alarm or cry of fire or a false request for the assistance of any firefighting apparatus or personnel, or willfully, knowingly, or recklessly makes a false report or request for assistance of any public or private rescue or assistance services, or, similarly, makes a false cry, alarm or request for police assistance;

(8)

Prowls or wanders in or upon the private property of another without good reason, or without visible or lawful business with the owner or occupant thereof and without the knowledge or consent of the individual being observed, peeks, peeps or peers in any door or window of any building or structure thereon for a lascivious purpose;

(9)

Displays any deadly weapon, or instrument or thing, which by its appearance may be considered a deadly weapon, in any public place in a manner calculated or likely to alarm or frighten another or others;

(b)

The foregoing prohibition on disorderly conduct shall be applicable to all persons whether acting alone or in concert with others.

(c)

In no event shall the subdivisions of this section be construed to prevent lawful picketing or lawful demonstrations.

(d)

Whosoever violates the foregoing provisions shall be fined not more than one hundred dollars ($100.00) and/or imprisonment for not more than thirty (30) days.

(Ord. of 11-22-2016)

Sec. 13-13. - Consumption of cannabis in public places, etc.#

(a)

Definitions.

(1)

For purposes of this section, the following terms have the following meanings:

Minor means any individual under the age of twenty-one (21) years old.

Public place means any place to which the public or a substantial group of persons has access and/or view. A "public place" includes but shall not be limited to any public street or right-of-way of the Town of Warren, and associated sidewalks, walkways, alleys and alleyways, parking lots, buildings, and grounds associated with those buildings that are open to the public.

For purposes of this section, all parks, athletic facilities, recreational facilities, and conservation areas owned by the Town of Warren shall also constitute public places.

(b)

It shall be unlawful for any minor to have in their possession cannabis in a public place as set forth in section (a)(1).

(c)

It shall be unlawful for any person to consume cannabis, whether by smoking or vaping, in a public place as set forth in section (a)(1).

(d)

Any person violating the provisions of this section shall be punished as provided in sections 1—8.

(Ord. of 08-09-2022(1))

Sec. 13-14. - Reserved.#

ARTICLE II. - NOISE#

Sec. 13-15. - Statement of policy.#

The council hereby finds that: (1)

Excessive noise is a serious hazard to the public health, safety and welfare and the quality of life in a close urban society.

(2)

A substantial body of science and technology exists by which excessive noise can be substantially abated without serious inconvenience to the public.

(3)

Certain of the noise producing equipment in this community is essential to the quality of life and should be allowed to continue at reasonable levels with responsible regulation.

(4)

Each person has a right to an environment reasonably free from noise which jeopardizes health or welfare or unnecessarily degrades the quality of life.

(5)

It is the declared policy of the town to promote an environment free from excessive noise, otherwise properly called noise pollution, which unnecessarily jeopardizes the public health, safety and welfare and degrades the quality of the lives of the residents of this community, without unduly prohibiting, limiting or otherwise regulating the function of certain noise producing equipment which is not amenable to such controls and yet is essential to the quality of life in the community.

(Amend. of 6-9-2001)

Sec. 13-16. - 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 Abatement Ordinance" of the town.

(c)

Scope. This article shall apply to the control of all noise originating within the limits of the town provided that:

(1)

A state or federal agency has not adopted a different standard or rule than that prescribed in this article and has so preempted the regulation of noise from a particular source as to render this article inapplicable thereto; or

(2)

The council has not determined that, by reason of public acceptance of the activity producing a particular noise, such noise is deemed acceptable to the residents of the town, or has not granted a variance pursuant to section 10-50.

(Amend. of 6-9-2001)

Sec. 13-17. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Definitions of technical terms used in this article, which are not defined in this section, shall be obtained from publications of acoustical terminology issued by ANSI or its successor body.

A-scale (dBA) means the sound level in decibels measured using the A-weight or network as specified in ANSI Standard 1.4-1971 for sound level meters. The level is designated dB(A) or dBA.

Ambient sound level means the noise associated with a given environment, exclusive of intruding noises from isolated identifiable sources.

ANSI means the American National Standards Institute or its successor body.

Construction means any and all activity necessary or incidental to the erection, assembly, alteration, installation, repair of equipment of buildings, roadways or utilities, including land clearing, grading, excavating and filling.

Decibel (dB) means a logarithmic and dimensionless unit of measure often used in describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter).

Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.

Dwelling unit means a building or portion thereof regularly used for residential occupancy.

Dynamic braking device means a device used primarily on trucks and buses to convert the motor from an internal combustion engine to an air compressor for the purpose of vehicle braking without the use of wheel brakes.

Emergency work means work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities or work required to protect persons or property from imminent exposure to danger.

Impulsive sound means sound short duration, usually less than one (1) second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop-forge impacts and the discharge of firearms.

Lot means any tract or parcel of land owned by or under the lawful control of one distinct ownership shall be considered a lot. The lot line or boundary is an imaginary line at ground level which separates a lot and its vertical extension owned by one (1) person from that owned by another.

Mixed use means a dwelling unit or school located in a commercial or an industrial zone.

Motor vehicle means any motor-operated vehicle licensed for use on the public highways, but not including a motorcycle.

Motorboat. See Watercraft.

Motorcycle means any motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground. The term shall include motorized bicycles, motor scooters, mopeds and the like.

Narrow band sound means a sound characterized by normal listeners as having a predominant pitch or series of pitches; sound described by such listeners as "whine," "hiss," "toot," or "wail"; or a sound whose frequencies occupy an octave band or less.

Noise control office means the town department having responsibility for the enforcement of this article.

Noise disturbance means any sound which exceeds the dBA level for such sound set out in this article.

Nonconforming use means a use of a structure, building or land which was established as permitted use and which has been lawfully continued pursuant to the zoning code of the town, but which is not a permitted use in the zone in which it is now located.

Offroad recreational vehicle means any motor vehicle, including road vehicles, but excepting watercraft, used off public roads for recreational purposes.

Person means any individual, association, partnership or corporation, including any officer, department, bureau, agency or instrumentality of the United States, a state or any political subdivision of a state, including the town.

Physical characteristics of sound means the steady, impulsive or narrow band property of a sound, the level of the sound and the extent to which it exceeds the background sound level.

Plainly audible means any sound for which the information content is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal or comprehensible rhythms.

Port facilities means any and all public or private facilities used for the repair, loading or unloading of ships within the town, including, but not limited to, shipyards, repair yards and dry docks.

Powered model vehicle means self-propelled airborne, waterborne or landborne model plane, vessel or vehicle, which is not designed to carry a person, including, but not limited to, any model airplane, boat, car or rocket.

Public right-of-way means any street, avenue, highway, boulevard, alley, easement or public space which is owned by or controlled by a public government entity.

Public space means any real property; including any structure thereon, which is owned or controlled by a governmental entity.

Pure tone means any sound which can be distinctly heard as a single pitch or set of single pitches.

Real property boundary means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one (1) 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 the sound.

Residential property means any property on which is located a building or structure used wholly or partially for living or sleeping purposes.

Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.

Sound level means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C, as specified in ANSI specifications for sound level meters (ANSI Standard 1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output or play meter, and weighting networks used to measure sound pressure levels, which complies with ANSI Standard 1.4-1971.

Sound pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.

Sound pressure level means twenty (20) times the logarithm to the base ten ratio of the RMS sound pressure to the reference pressure to the reference pressure of twenty (20) micronewtons per square meter (20×10-6N/m'). The sound pressure level is denoted Lp or SPL and is expressed in decibels.

Steady sound means a sound whose level remains essentially constant (=/-2d) during the period of the sound level meter.

Town means the Town of Warren, Rhode Island, or the area within the territorial limits of the town over which the town has the jurisdiction or control by virtue of ownership or any constitutional or Charter provisions, or any law.

Unnecessary, excessive or offensive noise means any sound or noise conflicting with criteria, standards or levels set forth in this article for permissible noises (tables I and II in section 13-23 and section 13-28). In the absence of specific maximum noise levels, a noise level which exceeds the ambient noise level by five (5) dBA or more, when measured at the nearest property line or, in the case of a multiple-family residential building, when measured anywhere in one (1) dwelling unit with respect to a noise emanating from another dwelling unit or from common space in the same building, shall be deemed a prima facie violation of this article.

Used and occupied include the words "intended, designed or arranged to be" used or occupied.

Watercraft means any contrivance used, or capable of being used, as a means of transportation or recreation on water.

Zoning districts means those districts established in chapter 32 and indicated on the official zoning map.

(Amend. of 6-9-2001)

Sec. 13-18. - Penalty for violation of article.#

The penalty for violation of any section of this article shall be up to the maximum allowed by state law for municipalities to impose on ordinance violations as follows: (1)

The first offense shall be punished by the issuance of a warning to cease and desist the violation.

(2)

The second offense shall be punished by a fine of up to one hundred dollars ($100.00).

(3)

The third and all subsequent offenses shall be punished by a fine of up to five hundred dollars ($500.00), and each day the violation continues shall be considered a separate offense.

(Amend. of 6-9-2001)

Sec. 13-19. - Exceptions from article provisions.#

The provisions of this article shall not apply to: (1)

The emission of sound for the purpose of alerting persons to the existence of an emergency or resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;

(2)

The emission of sound in the performance of emergency work;

(3)

Noncommercial public speaking and public assembly activities conducted on any private property, public space or public right-of-way, except those activities controlled by section 10-43, or for which a permit and noise variance have been issued pursuant to this article;

(4)

The unamplified human voice, except those activities prohibited by subsection 13-25(a);

(5)

Agricultural activities, exclusive of those involving the ownership or possession of animals or birds;

(6)

The emission of sound in the performance of military operations, exclusive of travel by individuals to or from military duty;

(7)

The emission of sound in the discharge of weapons or fireworks displays licensed by the town, from 7:00 a.m. to 11:00 p.m.;

(8)

The emission of sound in the operation of snow removal equipment at any time of day; and

(9)

The emission of sound relative to permitted construction, demolition and normal maintenance activities, provided that such activities do not occur between the hours of 9:00 p.m. and 7:00 a.m.

(Amend. of 6-9-2001)

Sec. 13-20. - Temporary exemptions.#

Upon good cause shown by the owner, operator or other responsible party of any excessive noise source, the town council 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.

(Amend. of 6-9-2001)

Sec. 13-21. - Noise disturbances prohibited generally.#

No person shall make, continue or cause to be made or continued, except as permitted, any noise or sound which constitutes a noise disturbance.

(Amend. of 6-9-2001)

Sec. 13-22. - Measurement of sound.#

(a)

If the measurements of sound are made with a sound level meter, it shall be an instrument in good operating condition, meeting the requirements of a type I or type II meter, as specified by ANSI Standard 1.4-1971. For purposes of this article, a sound level meter shall contain at least an A-weighted scale and both fast and slow meter response capability.

(b)

If the measurements are made with other instruments, the procedure shall be carried out in such a manner that the overall accuracy is at least that called for in ANSI Standard 1.4-1971 for type II instruments.

(c)

When the location or distance prescribed in this article for measurement of sound is impractical or would provide misleading or inaccurate results, measurements may be taken at other locations or distances using appropriate correction factors specified in this article.

(d)

Procedures and tests required by this article and not specified in this section shall be placed on file with the town clerk.

(Amend. of 6-9-2001)

Sec. 13-23. - Maximum permissible sound levels by receiving land use.#

(a)

With the exception of sound levels elsewhere specifically authorized or allowed in this article or exempted by this article or by variance, the following are the maximum permissible sound levels allowed at or within the real property boundary of a receiving land use:

Table I

Sound Levels for Receiving Land Use

Penalties for Violating Levels Location of

Receiving Land Use Time Sound Limit dBA

Zoning District:

Residential 7:00 a.m. to 10:00 p.m. 65 dBA

10:00 p.m. to 7:00 a.m. 55 dBA

Business

Village Business At all times 75 dBA

General At all times 75 dBA

Waterfront At all times 75 dBA

Manufacturing At all times 75 dBA

(b)

Notwithstanding any other provision of this article, business with a liquor license which is cited for a noise disturbance is subject to the penalty for a violation in the general business district as set out in table I.

(c)

For any source of sound which emits a pure tone, the maximum sound level limits set forth in subsection (a) of this section shall be reduced by five (5) dBA.

(d)

Exceptions to table I are activities covered by sections 13-24, 13-27, 13-28, 13-30 and 13-34.

(Amend. of 6-9-2001)

Sec. 13-24. - Emergency signaling devices.#

(a)

No person shall operate or permit the intentional sounding outdoors of any fire, burglar or civil defense alarm, siren whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection (b) of this section.

(b)

Testing of a stationary signaling device shall occur at the same time of day each time the test is performed, but no before 8:00 a.m. or after 9:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall the test time exceed thirty (30) seconds.

(Amend. of 6-9-2001)

Sec. 13-25. - Specific prohibited acts.#

(a)

Hawkers and peddlers. No person shall create a noise or disturbance by offering for sale or selling anything by shouting or outcry across a real property boundary. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses or other similar licensed public entertainment events.

(b)

Vehicle or motorboat repairs or testing. No person shall repair, rebuild, modify or test any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a real property boundary.

(Amend. of 6-9-2001)

Sec. 13-26. - Musical instruments and similar devices.#

No person shall operate, play or permit the operation of any drum, musical instrument or similar device which produces sound in such a manner as to crate a noise disturbance across a residential real property boundary or outdoors.

(Amend. of 6-9-2001)

Sec. 13-27. - Regulation of sound equipment and sound amplifying equipment.#

Except for activities open to the public and for which a permit and a noise variance have been issued by the town, no person shall operate, play or permit the operation or playing of any radio, television, phonograph or other sound amplifying equipment so as to create a noise disturbance.

(Amend. of 6-9-2001)

Sec. 13-28. - 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 ten thousand (10,000) pounds or more for a consecutive period longer than twenty (20) minutes while such vehicle is standing and located within one hundred fifty (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 I, except where such vehicle is standing within a completely enclosed structure. This section shall not apply to delivery or pickup vehicles that require the operation of the engine to unload or load their vending loads.

(b)

No person shall operate, within the speed limits specified in this section, either a motor vehicle or a combination of vehicles of a type subject to registration, at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the noise limit listed in table II for the category of motor vehicle, based on the legal speed limit, posted or not, of the road or way on which such vehicles are operated. Such noise shall be measured at a distance of not more than fifty (50) feet from the centerline of travel under test procedures established by subsection (c) of this section. If the distance of the measuring instrument from the centerline of travel is less than fifty (50) feet, such listed noise limits shall be corrected to reflect the equivalent noise limits for the actual distance.

Table II Noise Limit in Relation to the Legal Speed Limit. 35 mph

or less Over

35 mph

(1) Any motor vehicle with a manufacturer's gross vehicle weight rating 10,000 pounds or more and any combination of vehicles towed by such motor vehicle. 88 dB(A) 92 dB(A)

(2) Any motorcycle. 82 dB(A) 86 dB(A)

(3) Any other motor vehicle and any combination of motor vehicles towed by such motor vehicle. 76 dB(A) 82 dB(A)

This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provision of this Code relating to motor vehicle muffler or noise control.

(c)

The measurement of sound or noise shall be made with a sound level meter meeting the standards prescribed by ANSI. The instrument shall he maintained in calibration and good working order. 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 the 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 shall be noted and adjustments made so that these and other background noise do not interfere with the primary noise being measured.

(d)

Every motor vehicle and motorboat shall at all times be equipped with a muffler in good working order and in constant operation to prevent noise which exceeds the dB(A) levels set forth in table II. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle.

(e)

No person shall modify the exhaust system of a motor vehicle or motorcycle by installation of a muffler or bypass and no person shall operate a motor vehicle or motorcycle which has been so modified if the sound level emitted by the motor vehicle exceeds the maximum permissible sound levels as prescribed by table I.

(f)

No person shall operate a recreational vehicle or permit the operation of one (1) 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.

(Amend. of 6-9-2001)

Sec. 13-29. - Construction.#

(a)

No person shall operate or permit the operation of any tool or equipment in construction, drilling or demolition work for public service utilities, which creates a noise disturbance across a residential real property boundary.

(b)

This section shall not apply to:

(1)

Emergency work or repair work performed by and for government entities or public service utilities; or

(2)

Work for which a variance has been obtained from the town council.

(c)

The use of domestic power tools or equipment is subject to the noise levels set forth in table I.

(Amend. of 6-9-2001)

Sec. 13-30. - Stationary nonemergency signaling devices.#

(a)

No person shall operate or permit the sounding of any stationary bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes from any place, for more than one (1) minute in any hour.

(b)

Devices used in conjunction with places of religious worship shall be exempt from the operation of this section.

(c)

Exemptions for sound sources covered by this section, but not exempted under subsection 10-45(b), may be granted by the town council under the procedure set forth in section 10-50.

(Amend. of 6-9-2001)

Sec. 13-31. - 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.

(Amend. of 6-9-2001)

Sec. 13-32. - Implementation, administration and enforcement of article.#

(a)

This article shall be implemented, administered and enforced by the town police department or any other town department or division designated by the town manager.

(b)

The provisions of this article which prohibits a person from making or continuing noise disturbances, or causing the noise disturbance to be made or continued, across a real property boundary, shall be enforced by the police department or any other town department or division as designated by the town manager.

(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)

Issue sound variances pursuant to section 13-34; and

(6)

Prepare recommendations for consideration by the town council, after publication of notice and after a public hearing.

(Amend. of 6-9-2001)

Sec. 13-33. - Departmental actions.#

All departments and agencies of the town shall carry out their programs in furtherance of the policies set forth in this article.

(Amend. of 6-9-2001)

Sec. 13-34. - Sound variances.#

(a)

The zoning board of review shall have the authority, consistent with this section, to grant sound variances from this article after a public hearing.

(b)

Any person seeking a sound variance under this section shall file an application with the zoning board of review. The application shall contain information which demonstrates that bringing the source of sound or activity for which the sound variance is sought into compliance with this article would constitute an unreasonable hardship on the applicant, on the community or on other persons.

(c)

All applications shall be subject to the application fee as set forth in section 32-8. Notification and advertisement shall be in accordance with provisions for a variance as set forth in the town zoning ordinances.

(d)

In determining whether to grant or deny an application, or revoke a variance previously granted, the zoning board of review shall balance the hardship to the applicant, the community and other persons if the sound variance is not allowed, against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact, if the sound variance is allowed. Applicants for sound variances and persons contesting sound variances may be required to submit any information that the zoning board of review may reasonable require. In granting or denying an application or in revoking a sound variance previously granted, the zoning board of review shall place on public file a copy of the decision and the reasons for granting, denying or revoking the sound variance.

(e)

Sound variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The sound variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the sound variance shall terminate it and subject the person holding to those provisions of this article regulating the source of sound or activity for which the sound variance was granted.

(f)

Determination of modification of a granted variance shall be made in accordance with the rules and procedures set forth in the section for original applications.

(Amend. of 6-9-2001)