The text
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)