Chapter 12 - OFFENSES—MISCELLANEOUS

ARTICLE I. - IN GENERAL#

Sec. 12-1. - Disorderly and indecent conduct.#

No person, acting alone or in concert with others, may engage in conduct which violates any of the following subsections: (1)

Any person who shall act in a violent or tumultuous manner toward another whereby any person is placed in fear of safety of his life, limb or health;

(2)

Any person who shall act in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged;

(3)

Any person who shall in a public place use fighting words or language or words which by their very utterance inflict injury or tend to incite outrage and immediate turmoil;

(4)

Any person who shall use violent and forceful behavior at any time in or near a public place, such that there is a clear and present danger that free movement of other persons will be arrested or restrained, or other persons will be incapacitated in the lawful exercise of business or amusement;

(5)

Any person who shall cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another;

(6)

Any person who shall assemble or congregate with another or others for the purpose of causing, provoking, or engaging in any fight or brawl;

(7)

Any person who shall disturb the peace of others by violent, indecent, offensive or boisterous conduct or language, which said conduct or language was calculated to cause anguish or injury to another;

(8)

Any person who shall be found roughly crowding or pushing any person in any public place;

(9)

Any person who shall throw any stone, snowball, or any other missile upon or at any person, vehicle, building, tree, sign or other public or private property;

(10)

Any person who shall throw any stone, snowball, or other missile from any vehicle, either moving, stopped, or parked, upon or at any person, building, vehicle, tree, sign, or other public or private property;

(11)

Any person who shall by acts of violence interfere with another's pursuit of a lawful occupation;

(12)

Any person who shall expectorate, urinate, or defecate on any public street, alley, sidewalk or floor of any public building or a building where the public gathers or has access;

(13)

Any person who shall wantonly make a false alarm with reference to the request of firefighting apparatus, or cries fire in any public place for the sole purpose of causing turmoil;

(14)

Any person who shall prowl or wander upon the private property of another or peek in the door or window of any inhabited building or structure located thereon without visible or lawful business with the owner or occupant thereof;

(15)

Any person who shall maliciously interrupt the speaker of any lawful assembly or impair the lawful rights of others to participate effectively in such assembly or meeting, when such conduct is calculated to provoke or tend to cause turmoil or disturbance;

(16)

Any person who shall act in a manner which tends to cause or provoke a disturbance near any public building wherein matters affecting the public are being considered or deliberated, designed or having the effect and said conduct interferes with the said public matters;

(17)

Any person who shall frequent any public place with intent to obtain money from other persons by illegal and fraudulent schemes, tricks, artifices or devices;

(18)

Any person who assembles for the purpose of engaging in any fraudulent scheme, device, or trick to obtain any valuable thing in any place or from any person in said town, or who shall aid and abet therein; or

(19)

Any person who shall display any deadly weapon in a public place in a manner which is calculated to alarm or frighten other persons present.

(Code 1970, § 12-2; Comp. Ords., ch. 10, § 1; Ord. of 9-16-1976)

State Law reference— Disorderly conduct, G.L. 1956, § 11-45-1 et seq.

Sec. 12-2. - Indecent exposure.#

No person shall expose his person in an indecent manner in any of the streets, alleys, sidewalks, or other public places within the town.

(Code 1970, § 12-3; Comp. Ords., ch. 1, § 1)

State Law reference— Authority to prohibit indecent exposure while bathing, G.L. 1956, § 45-6-1.

Sec. 12-3. - Consumption and possession of alcohol in unlicensed victualing establishments.#

(a)

It shall be unlawful for any person to consume alcoholic beverages from any type of a container while on or within the premises of a victualing house or restaurant that has not been issued a valid liquor license by the town council.

(b)

Violations of this section shall be punished by a fine not exceeding $100.00.

(Code 1970, § 12-4.2; Res. of 8-4-1987)

Sec. 12-4. - Damaging property.#

If any person shall wantonly or maliciously daub with paint or otherwise injure by scratching or marking, or writing with paint, blacking, red chalk, or in any manner deface any post, lamppost, signboard or sign, situated in or upon any street, highway, bridge, wharf or public place, or ground set apart for public purposes in this town, or any ornament or appurtenance of the same, or shall willfully tear down, deface or destroy any notice of any public meeting, auction or other sale, or any other public notice, or who shall willfully take down, extinguish or otherwise injure any public or private lamp or any private sign for the protection of travelers, shall be guilty of a violation of this Code.

(Code 1970, § 12-5; Comp. Ords., ch. 16, § 1)

State Law reference— Damaging property of another, G.L. 1956, § 11-44-1; damaging public property generally, G.L. 1956, § 11-44-12 et seq.

Sec. 12-5. - Vandalism, graffiti.#

(a)

Any person who shall willfully and maliciously or mischievously injure or destroy or write upon, paint or otherwise deface the property of another in any manner, shall be sentenced to serve no more than 30 days in jail and fined no more than $300.00, or both. The police department of the town shall fully prosecute such crimes.

(b)

Any person who shall willfully and maliciously or mischievously cut, destroy or write upon, paint, deface or otherwise injure in any manner any public building or fence or other property, shall be sentenced to serve no more than 30 days in jail and fined no more than $300.00, or both. The police department shall fully prosecute such crimes.

(c)

Violators of subsection (a) or (b) of this section shall be subject to a mandatory minimum of ten hours of community service.

(Code 1970, § 12-5.1; Ord. of 10-6-1994)

Sec. 12-6. - Obstructing doorways, etc.; ringing doorbells.#

Any person who shall be or remain upon any doorway, steps or other projection of any dwelling house within the town without the consent of the owner or occupant thereof, or obstruct any passage to or from the same or any appurtenance thereof, or mischievously or maliciously knock at any door or ring any doorbell at any dwelling house, so as to alarm, annoy or disturb any person therein, shall be guilty of a violation of this Code.

(Code 1970, § 12-6; Comp. Ords., ch. 17, § 1)

Sec. 12-7. - Loitering.#

(a)

School buildings, grounds. It shall be unlawful for any person to loiter, loaf, wander, stand, or remain idle either alone and/or in consort with

others in or upon any public school buildings or grounds within the town without the express consent of the superintendent of schools or those in authority under the control of the superintendent of schools.

(b)

Town-owned property. It shall be unlawful for any person to loiter, loaf, wander, stand, or remain idle either alone and/or in consort with others in or upon any town-owned property, buildings, or grounds within the town without the express consent of a duly authorized person.

(c)

Causing obstructions. It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to:

(1)

Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.

(2)

Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress therein, thereon and thereto.

When any person causes or commits any of the conditions enumerated in subsection (c) of this section, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section.

(d)

Penalty for violation. Any person violating this section shall be fined not exceeding $100.00 or imprisoned not exceeding 30 days.

(Code 1970, § 12-8; Ord. of 2-24-1975, §§ 1, 2; Ord. of 9-16-1976; Res. of 12-10-1979, §§ 1—3)

Sec. 12-8. - Discharging firearms.#

It shall be unlawful to discharge any firearm, BB gun or other contrivance arranged to discharge shot, bullets, arrows, darts or other missiles, excepting in a regularly established shooting range, provided that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor to prohibit any citizen from discharging a firearm when lawfully defending person or property. Any person violating this section shall be fined not exceeding $100.00 or imprisoned not exceeding 30 days.

(Code 1970, § 12-9; Res. of 2-4-1980)

Sec. 12-9. - Neglected premises.#

(a)

Purpose. It shall be the duty of any person owning or controlling a house or other building or premises, including vacant lots visible from any public place or private premises, to maintain such premises in a reasonably clean and orderly manner and to a standard conforming to other orderly premises in that vicinity.

(b)

Violation. It shall be a violation of this section to abandon, neglect or disregard the condition or appearance of any premises so as to permit it to accumulate litter, refuse, rubbish, or trash as not otherwise provided by statute and/or ordinance, together with the growth of weeds and/or grass to a height of one foot or over (ornamental grasses excepted).

(c)

Properties exempt. All properties within the town that are held in trust for public use, either for open space or active or passive recreation, either owned by the town or held privately, that are held in trust or in conservancy, are exempted from these provisions. All properties within the town that are subject to the regulations and provisions of the state department of environmental management or the Rhode Island Coastal Resource Management Council are exempt from these provisions. This section is subject to the minimum housing code.

(Code 1970, § 12-11; Res. No. 96-140, 7-2-1996)

Sec. 12-10. - Smoking tobacco, marijuana and cannabis in public buildings, on public properties, and in vehicles owned by the town.#

(a)

Legislative intent. The use of tobacco products has been found to be increasingly dangerous to the person using such tobacco products. In addition, the use of smoke-generating products has been found to be dangerous to the nonsmoking person who is required to breathe such contaminated air. The most pervasive intrusion of the nonsmoker's right to unpolluted air space is the uncontrolled smoking in public places. In acknowledging the importance of a healthy and safe environment for work and recreation and in recognizing the hazards associated with use of tobacco products and smoking and environmental tobacco smoke, the town intends, by the enactment of the ordinance from which this section is derived, to protect the health and atmospheric environment of the tobacco product user and the nonsmoker by regulating the use of tobacco products and smoking of marijuana and cannabis in and on all town properties and in all vehicles owned by the town.

(b)

Governing state law. Recognizing the dangers associated by smoking, the state legislature has enacted statutes governing various aspects of this issue. The town, in addition to the establishment of ordinances as hereinafter set forth, incorporates those general laws as may be applicable, including, but not limited to, the following:

(1)

Smoking in schools. Pursuant to G.L. 1956, §§ 23-20.9-1 through 23-20.9-10, the Smoking Restrictions in Schools Act.

(2)

Prohibition of smoking in public places. Pursuant to G.L. 1956, § 23-20.10-3 Smoking shall be prohibited in all enclosed public places within the state, including, but not limited to, the following places:

a.

Polling places;

b.

Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the state or a political subdivision of the state when a public meeting is in progress, to the extent the place is subject to the jurisdiction of the state;

c.

Schools; including, primary, secondary and post-secondary education facilities.

(3)

Use of cannabis or medical marijuana. Pursuant to G.L. 1956 § 21-28.11-22 and § 21-28.6 the smoking of cannabis is prohibited in any public place that prohibits the smoking or vaporizing of tobacco products as well as any place that prohibits the smoking or vaporizing of cannabis including by rule, regulation or local ordinance.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Cannabis and marijuana mean all parts of any plant of the genus cannabis not excepted herein, and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol; provided, however, that "cannabis" shall not include: (1)

The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination. G.L. 1956 § 21-28.11-3 Definitions (Rhode Island General Laws (2022 Edition))

(2)

Hemp; or

(3)

The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products.

Public building and other area do not include public sidewalks and streets, unless located next to or adjacent to a gas station, nor shall it include any properties leased by the town as lessor.

Smoking means and includes the use of, inhaling, exhaling, burning or carrying of any other lighted or heated tobacco or plant product intended for inhalation, including marijuana and cannabis, whether natural or synthetic, in any manner or in any form. The term "smoking" includes the use of any vape or electronic smoking device.

Tobacco product means: (1)

Any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, but is not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff; and

(2)

Any electronic device that is used to simulate smoking or that contains or delivers nicotine or other substances that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product, including, but not limited to, an electronic cigarette, e-cigar, e-pipe or e-hookah, or vape pen, or under any other product name or description.

Notwithstanding any provision of subsections (1) and (2) of this definition to the contrary, the term "tobacco product" includes any component, part or accessory of a tobacco product, whether or not sold separately. The term "tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold separately for such an approved purpose.

(d)

Use of tobacco products and smoking prohibited; public properties.

(1)

The use of tobacco products and smoking of tobacco, marijuana and cannabis in any form is a public nuisance and dangerous to public health and shall not be permitted in any public buildings, public parks or any other indoor or outdoor recreational areas or facilities owned by the town or leased by the town as lessee and in all motor vehicles of any type or kind owned, rented, leased or used by the town or any of its departments, boards, commissions, semi-autonomous bodies, or other agencies of the town. This would exclude public sidewalks, streets and leased properties in which the town is the lessor.

a.

Smoking shall be prohibited on public streets or sidewalks or other areas located next to or adjacent to a gas station.

(2)

The proprietor or other person in charge of municipal areas listed above shall make reasonable efforts to prevent smoking in those areas in which smoking is not allowed and shall post "no smoking" and warning signs conspicuously in these areas.

(3)

The proprietor or other person in charge of municipal areas listed in this subsection shall post signs in those areas in which smoking is allowed, as set forth in subsection (d)(1)b of this section.

(e)

Penalties.

(1)

Any person who violates the provisions of subsection (d) of this section as it relates to tobacco shall be fined a sum of $5.00 and be required to perform five hours of community service for a first offense and shall be charged a fine of $20.00 and be required to perform 20 hours of community service for a second offense. A third or any subsequent violations shall result in the issuance of a ticket to the offending party, requiring a hearing before the municipal court for the town, or if the offending party is under the age of 18 years, referral to the town juvenile hearing board.

(2)

Any person who violates the provisions of subsections (d) and (e) of this section as it relates to marijuana or cannabis shall be fined a sum not to exceed $100.00.

(Code 1970, § 12-12; Res. No. 97-211, §§ 1—6, 8-5-1997; Ord. No. 2020-6, 5-5-2020; Ord. No. 2022-11, 10-4-2022)

State Law reference— Smoking in public places prohibited, G.L. 1956, § 23-20.10-3 et seq.

Sec. 12-11. - Discharge of water.#

(a)

Purpose. In view of the unsafe conditions and hazards, including icing and flooding, caused by the discharge of stormwater and surface water drainage, as well as other water runoff, onto the sidewalks and public streets of the town, the town council has determined the necessity to establish an ordinance prohibiting the discharge of unpolluted water onto the public streets and sidewalks of the town.

(b)

Discharge of water runoff prohibited.

(1)

No property owner or agent of the owner, or any person occupying property, whether residential or business, within the town, shall discharge or cause to be discharged any stormwaters and/or surface waters, including, but not limited to, roof runoff, subsurface drainage including basement drainage, cooling water, industrial process water, swimming pool water or other similar discharges, directly or indirectly onto any abutting property, whether public or private, and/or the sidewalks and streets of the town.

(2)

All connections to the municipal drainage system shall be borne by the property owner as approved by the town director of public services, pursuant to all ordinance and statutory requirements, and all costs incurred in such tie-in shall be the sole responsibility of the property owner.

(3)

Whenever weather conditions are such that a heavy flow of water from private properties onto public properties is unavoidable, this section shall be suspended until such time as the discharge of water can again be isolated to very specific properties and is not experienced by the public in general.

(c)

Liability for damages. Each owner or agent of the owner shall be liable to the town for all losses to the town or for damages to persons and property of others, as well as town property, caused by the owner's failure to meet the requirements set forth in this section.

(d)

Notification.

(1)

The town may, through the director of public services, notify such owner in writing that said owner is in violation of the unlawful discharge of unpolluted water and order such violation to immediately cease.

(2)

In the event an owner or agent of an owner fails to cease the unlawful discharge of water after notice by the director of public services utilizing regular first class mail, the town, through the director of public services, may assess a fine against such owner in an amount of $20.00, as may be amended from time to time by the town council. A second unlawful discharge of water will result in a $50.00 fine, and a third offense will result in a $100.00 fine. Each written violation notification shall constitute a separate violation and may be fined accordingly and shall be in addition to any other costs and expenses incurred by the town and to be borne by the owner.

(3)

Any person who is aggrieved by a determination of the director of public services may, by written notice to the town clerk, with a copy to the director of public services, appeal said determination after written notification of such violation is received from the director of public services. The town council shall, as soon as practicable, grant a hearing and make a de novo determination. The town council shall use the same standards as required by the director of public services in determining the hazardous conditions and damages caused by the unlawful discharge of water.

(4)

In the event the town incurs any costs and expenses as a result of the owner's failure to meet the requirements herein established, then the town, through the director of public services, may make any repairs to alleviate any hazards and damages caused by the unlawful discharge of water. The owner or agent shall be liable to the town for the costs of said repairs, and if not paid to the town upon request, the town may place a lien on the property for the costs of such repairs. Nothing herein contained shall prevent the town from placing additional liens on the property for the costs of repairs for any subsequent violations.

(Code 1970, § 12-14; Res. No. 99-128, §§ 1—4, 5-11-1999; Ord. No. 2017-14, 5-30-2017)

Sec. 12-12. - Trespassing on utility poles.#

(a)

No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public for business advertising purposes to any lamppost, public utility post or shade tree, or upon any public property, or in any manner prohibited under G.L. 1956, § 5-18-1, except as may be authorized or required by law.

(b)

Upon a finding by any town building department inspector that any notice, poster or other paper or device calculated to attract the attention of the public for business advertising purposes within the town is in such violation of the requirements of this article, he shall give notice thereof to the owner of the notice, poster or other paper or device to comply with the requirements of this article within 24 hours after service of notice. Such notice shall contain a statement of the findings of the inspector as to violations and a description of the notice, poster or other paper or device as well as its location. Such notice may be given personally or by certified mail to the individuals listed on the notice, poster or other paper or device and service of such notice shall be deemed complete and sufficient when so addressed and deposited in the United States mail with postage prepaid and/or by posting a certified copy on the premises and/or by advertising in one or more newspapers. Nothing in this section shall prohibit town employees from removing the notice, poster or other paper or device.

(c)

Enforcement authority. Any town building official is authorized to:

(1)

Issue a written citation or summons to municipal court if such officer witnesses a violation or has probable cause to believe that a person has violated the provisions of this article.

(2)

Investigate any notice, poster or other paper or device found thrown, deposited, or dumped on a public place or at the owner's written request on private property as well.

(3)

Issue a notice of violation and order the removal of said litter pursuant to procedures defined in this section.

(d)

Upon failure of the owner of such notice, poster or other paper or device calculated to attract the attention of the public for business advertising purposes to remedy the conditions existing in violation of the requirements hereof within seven days after service of notice to do so as provided herein, the building official or his designee may proceed to municipal court where, upon conviction, said owner shall be fined in accordance with the ordinances of the town, and shall be required to pay the costs of remediation and cleaning incurred by the town.

(e)

Right to appeal. Any person owning all or any interest in said property shall have the right to appeal the findings of violation within seven days of service of the notice thereof, to the municipal court. Appeals from any decision of the municipal court may be appealed to the superior court within seven days.

(Code 1970, § 12-15; Ord. No. 2007-16, 8-21-2007)

Secs. 12-13—12-44. - Reserved.#

ARTICLE II. - ADULT ENTERTAINMENT#

Sec. 12-45. - Purpose.#

The purpose of this article is to prohibit certain acts of commercial exploitation of human sexuality in commercial establishments within the town where alcoholic beverages are served or offered for sale for consumption on the premises and to reduce the likelihood of criminal activity, moral degradation and disturbances of the peace and good order of the community which may occur when such commercial exploitation is permitted in such places.

(Code 1970, § 12-21; Ord. of 6-15-1993; Ord. of 10-3-1995)

Sec. 12-46. - Findings.#

The town council finds that there is an increasing commercial exploitation of human sexuality by owners and operators of commercial establishments within the town where alcoholic beverages are served or offered for sale for consumption on the premises. Such exploitation takes place in the form of employing or permitting persons to perform or exhibit their nude or semi-nude bodies to other persons as an inducement to such other persons to purchase alcoholic beverages. The direct results of such exploitation are criminal activity, moral degradation and disturbances of the peace and good order of the community. In addition, such commercial exploitation of such nude and semi-nude acts is averse to the public's interest in the quality of life, tone of commerce and total community environment in the town.

(Code 1970, § 12-22; Ord. of 6-15-1993; Ord. of 10-3-1995)

Sec. 12-47. - Prohibition.#

(a)

It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the boundaries of the town at which alcoholic beverages are offered for sale for consumption on the premises:

(1)

To suffer or permit any female person, while on the premises of said commercial establishment, to expose to the public view that area of the human female breast at or below the top of the areola thereof.

(2)

To suffer or permit any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in subsection (a)(1) of this section.

(3)

To suffer or permit any person, while on the premises of said commercial establishment, to expose to public view his genitals, pubic area, buttocks, anus or anal cleft.

(4)

To suffer or permit any person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft.

(b)

It shall be unlawful for any female person, while on the premises of a commercial establishment located within the boundary areas of the town, at which alcoholic beverages are served or offered for sale for consumption on the premises, to expose to public view that area of the human female breast at or below the top of the areola thereof, or to employ any device or covering which is intended to give the appearance or simulate such areas of the female breast as described herein.

(c)

It shall be unlawful for any person, while on the premises of a commercial establishment located within the boundaries of the town, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his genitals, pubic area, buttocks, anus, or anal cleft.

(Code 1970, § 12-23; Ord. of 6-15-1993; Ord. of 10-3-1995)

Secs. 12-48—12-67. - Reserved.#

ARTICLE III. - NOISE#

Sec. 12-68. - Purpose.#

The town council hereby finds that excessive and loud noises within the town poses a serious nuisance and disruption to the citizens of the town. The town council wishes to provide an environment free from excessive noise, which unnecessarily jeopardizes the health, welfare and quality of life in the town.

(Code 1970, § 12-51; Ord. of 10-3-1995; Ord. No. 2006-15, 8-1-2006)

Sec. 12-69. - 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:

Ambient noise means the all-encompassing noise associated with a given environment, being a composite of sounds from many sources, near and far. For the purpose of this article, ambient noise level is the average over five minutes excluding random or intermittent noises and the alleged offensive noise at the location and time of day at which a comparison with an alleged offensive noise is to be made.

Averaging, as used in the definition of the term "ambient noise," may be done by instrumental analysis in accordance with American National Standards S.13-1971, or may be done manually as follows: (1)

Observe a sound level meter for five seconds and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications.

(2)

Repeat the observations as many times as necessary to provide that observations are made at the beginning and at the end of the five-minute averaging period and that there shall be at least as many additional observations as there are decibels between the lowest low indication and the highest high indication.

(3)

Calculate the arithmetical average of the observed central tendency indications.

Commercial purposes means the use, operation, or maintenance of any sound amplifying equipment for the purpose of advertising any business, any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating such sound equipment.

Decibel (dBA) means a unit of measure of sound (noise) level relative to a standard reference sound on a logarithmic scale. The decibel level of a given sound is determined as 20 times the logarithm to the base 10 of the ratio of the pressure in micronewtons per square meter of the sound being measured to the standard reference sound pressure of 20 micronewtons per square meter (0.0002 microbar).

Emergency work means work necessary to restore property to a safe condition following a public calamity, work required to protect persons or property from an imminent exposure to danger, or work by private or public utilities when restoring utility service.

Fixed source means a machine or device capable of creating a noise level at the property upon which it is regularly located, including, but not limited to, industrial and commercial machinery and equipment, pumps, fans, air conditioning apparatus or refrigeration machines.

Motor vehicles include, but are not limited to, automobiles, trucks, buses, motorcycles, mini-bikes and go-carts.

Noncommercial purpose means the use, operation, or maintenance of any sound equipment for other than a commercial purpose. The term "noncommercial purpose" shall mean and include, but shall not be limited to, philanthropic, political, patriotic, and charitable purposes.

Nonstationary sources means a machine or device capable of being moved from place to place for occasional or temporary use at a given location, including, but not limited to, power lawn mowers, chainsaws, bulldozers and pile drivers.

Sound amplification equipment means any machine or device for the amplification of the human voice, music, or any other sound. The term "sound amplification equipment" shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. The term "sound amplification equipment" shall not include warning devices on any vehicle used only for traffic safety purposes.

Sound level (noise level) in decibels means the level measured on the A-weighted scale as defined in American National Standards Institute S1.4-1971.

Sound truck means any motor vehicle or any other vehicle regardless of motive of power, whether in motion or stationary, having mounted thereon or therein or attached thereto any sound amplifying equipment.

Unnecessary, excessive, or offensive noise means any sound or noise conflicting with the criteria, standards, or levels set forth in this article for permissible noises. In the absence of specific maximum noise levels, a noise level which exceeds the ambient noise level by five dBA or more, when measured at the nearest property line, or, in the case of multiple-family residential buildings, 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, or a noise audible to a person of reasonably sensitive hearing at a distance of 200 feet from its source, shall be deemed a prima facie violation of this article.

(Code 1970, § 12-52; Ord. No. 2006-15, 8-1-2006)

Sec. 12-70. - Radios, television sets, and similar devices.#

It shall be unlawful for any person within any residential zone of the town to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of neighborhood residents or of any reasonable person of normal sensitivity residing in the area. The operation of any such set, instrument, phonograph, machine or device so as to exceed 50 dBA between the hours of 9:00 p.m. and 7:00 a.m. or so as to exceed 55 dBA between the hours of 7:00 a.m. and 9:00 p.m. measured at the property line of the building, structure or vehicle in which it is located, or at any hour when the same is audible to a person of reasonably sensitive hearing at a distance of 200 feet or the property line, whichever is closer, from its source, shall be prima facie evidence of a violation of this section.

(Code 1970, § 12-53; Ord. No. 2006-15, 8-1-2006)

Sec. 12-71. - Musical instruments.#

It shall be unlawful for any person to use any drum or other musical instrument for the purpose of attracting attention by the creation of noise within the town in such a manner as to disturb the peace, quiet and comfort of neighborhood residents or any reasonable person of normal sensitivity residing in the area. The use of any drum or other instrument or device of any kind so as to exceed 50 dBA between the hours of 9:00 p.m. and 7:00 a.m. or so as to exceed 55 dBA between the hours of 7:00 a.m. and 9:00 p.m. measured at the property line of the building, structure or vehicle in which it is located, or at any hour when the same is audible to a person of reasonably sensitive hearing at a distance of 200 feet or the property line, whichever is closer, from its source, shall be prima facie evidence of a violation of this section. This section shall not apply to any person who is participating in a school band or duly licensed to parade or who has been otherwise duly authorized to engage in such conduct.

(Code 1970, § 12-54; Ord. No. 2006-15, 8-1-2006)

Sec. 12-72. - Schools, hospitals and churches.#

It shall be unlawful for any person to create any ambient noise in excess of 60 dBA on any street, sidewalk, or public place adjacent to, or at a distance of 200 feet or the property line from its source, whichever is closer, to any school, institution of learning, hospital or church while the same is in use, provided conspicuous signs are displayed in such street, sidewalk, or public place indicating the presence of a school, hospital or church.

(Code 1970, § 12-55; Ord. No. 2006-15, 8-1-2006)

Sec. 12-73. - Permissible noise levels.#

It shall be unlawful for any person to emit or cause to be emitted any ambient noise which leaves the premises on which it originates, crosses a property line, and enters onto any of the premises in excess of the ambient noise level in a residential district as follows: (1)

Between the hours of 7:00 a.m. to 9:00 p.m., in excess of 70 dBA.

(2)

Between the hours of 9:00 p.m. to 7:00 a.m., in excess of 60 dBA.

(Code 1970, § 12-56; Ord. No. 2006-15, 8-1-2006)

Sec. 12-74. - Construction of buildings and projects.#

It shall be unlawful for any person to operate equipment or perform any outside construction or repair work on buildings, structures, or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device between the hours of 8:00 p.m. and 7:00 a.m. so as to create that unnecessary, excessive or offensive noise as defined in this section, unless beforehand a special permit therefor has been duly obtained from the director of public works. No special permit shall be required to perform emergency work as defined in section 12-69.

(Code 1970, § 12-57; Ord. No. 2006-15, 8-1-2006)

Sec. 12-75. - Vehicle repairs.#

It shall be unlawful for any person within any residential area of the town to repair, rebuild, or test any motor vehicle between the hours of 9:00 p.m. and 7:00 a.m. or at any time of the day on a Sunday or legal holiday so as to create unnecessary, excessive or offensive noise, as defined in this article.

(Code 1970, § 12-58; Ord. No. 2006-15, 8-1-2006)

Sec. 12-76. - Amplifiers and loudspeakers.#

(a)

No person, other than personnel of law enforcement or governmental agencies, shall install, use, or operate within the town a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck, hereinafter amplifier system, within the limits of the town without a permit first being issued therefor by the town council; provided, however, that a sound amplification system may be operated within an enclosed building without obtaining a permit therefor.

(b)

Each person seeking a permit pursuant to the provisions of subsection (a) of this section shall make application therefor to the town council by filing an application for permit executed in the name of and by the owner of the property or sound truck where such amplification system will be located. Each application shall contain the following information:

(1)

The name, address and telephone number of both the owner and the user of the sound amplifying equipment;

(2)

A list of the owners of all property located within 100 feet of the boundary lines of the property on which such amplification system will be used;

(3)

The date, time and place of the intended use of the equipment;

(4)

The maximum sound producing power of the sound amplifying equipment, including the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound amplifying equipment;

(5)

The license and motor number if a sound truck is to be used;

(6)

A general description of the sound amplifying equipment which is to be used; and

(7)

Whether the sound amplifying equipment will be used for commercial purposes.

(c)

The town clerk shall give seven days' written notice to all persons owning property within 100 feet of the applicant's property of the time and place of the council hearing on such application.

(d)

The council may grant such application upon such terms and conditions as it shall deem appropriate, but no such amplification system shall be operated after 11:00 p.m.

(e)

Notwithstanding any provisions of this section to the contrary, if the chief of police or other person in charge of any shift shall receive complaints from any five or more residents within the vicinity of the property for which a permit was granted that the level of amplification is objectionable, the police chief or the person in charge of the shift shall be entitled to withdraw such permit upon notice to the owner or his representative, and upon such withdrawal, all outdoor amplification shall cease.

(f)

Any application for a permit shall be accompanied by a fee, the amount of which shall be set from time to time by resolution of the town council.

(Code 1970, § 12-10; Ord. of 1-11-1994, § 1-1; Ord. No. 2013-46, 10-1-2013)

Sec. 12-77. - Amplified sound regulations.#

All amplifying systems shall be subject to the following regulations: (1)

The operation of sound amplifying equipment shall only occur between the hours of 10:00 a.m. and 8:00 p.m. each day, except on Sundays and legal holidays. No operation of any amplifying system for commercial purposes shall be permitted on Sundays or legal holidays. The operation of any amplifying system for noncommercial purposes on Sundays and legal holidays shall only occur between the hours of 10:00 a.m. and 7:00 p.m.

(2)

The volume of sound shall be controlled so that it will not be audible for a distance in excess of 100 feet from the sound truck.

(3)

Any amplifying system shall not be operated with an excess of 15 watts of power in the last stage of amplification.

(4)

Any amplifying system shall not be operated within 200 feet of any church, hospital or school while the same are in use.

(Code 1970, § 12-64; Ord. No. 2006-15, 8-1-2006)

Sec. 12-78. - Violations—Penalty.#

Any person found guilty of violating, disobeying, neglecting, or refusing to comply with the provisions of this article shall, upon conviction, be punished by a fine of not more than $500.00 for any one offense, except that any person electing to appear before the clerk of the municipal court and admitting the violation charged, or in lieu of personally appearing before the clerk of the court, electing to admit the violation by mail to the clerk of court, shall be punished by a fine of $200.00; provided, however, that for a second violation and any subsequent violation, a person electing to appear before the clerk of the municipal court and admitting the violation charged or, in lieu of personally appearing before the clerk of the court, electing to admit the violation by mail to the clerk of court, shall be punished by a fine of $300.00.

(Code 1970, § 12-65; Ord. No. 2006-15, 8-1-2006)

Sec. 12-79. - Violations—Public nuisance; injunctions.#

The operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this article, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitivity or endangers the comfort, repose, health, or peace of residents in the area, shall be deemed, and is declared to be, a public nuisance, and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

(Code 1970, § 12-66; Ord. No. 2006-15, 8-1-2006)

Sec. 12-80. - General noise regulations; motor vehicles.#

(a)

Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, excessive or offensive noise as defined in this article.

(b)

There shall be no purposeful operator intent to create excessive engine noise, such as blatantly excessive engine revving (rapid throttle advance) and acceleration.

(c)

No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle. It shall be unlawful for any person to rebuild, repair, or test any engine, muffler, or exhaust system so as to create a noise disturbance.

(Code 1970, § 12-67; Ord. No. 2006-15, 8-1-2006)

Sec. 12-81. - Complaints.#

Any person, including a police officer, may be a complainant for the purpose of instituting action for any violation of this article.

(Code 1970, § 12-68; Ord. No. 2006-15, 8-1-2006)

Secs. 12-82—12-90. - Reserved.#

ARTICLE IV. - CAMPING ON PUBLIC PROPERTY#

Footnotes:

--- (1) --- Editor's note— Ord. No. 2024-22, adopted Nov. 19, 2024, set out provisions intended for use as §§ 12-82—12-87. For purposes of clarity, to preserve the style of this Code, and at the editor's discretion, these provisions have been included as §§ 12-91—12-96.

Sec. 12-91. - Finding and purpose.#

Camping without adequate sanitation services, such as access to water, sewer, and regular sanitation collection, presents a public health and safety concern. Challenging access to remote locations for public safety/first responders creates a burden for timely emergency services and increases the risks to residents, visitors and town employees. Additionally, unauthorized camping on public property often interferes with the intended use of the public space. As a result, this camping ordinance is necessary to protect the health, safety, and welfare of the community and to prevent interference with the rights of others to use public spaces for the purposes for which they were intended and preserve such open spaces and natural resources.

(Ord. No. 2024-22, 11-19-2024)

Sec. 12-92. - Definitions.#

Camp or to camp means to shelter in a tent, under a tarp or canopy, in a motor vehicle, camper, or in any other outdoor shelter for the purpose of living accommodations.

Camping materials means any item used to camp or to provide outdoor shelter, such as a tent, tarp, canopy, mattress, furniture, fuel tanks, stoves, heating units, luggage, backpacks, and cooking paraphernalia.

Campsite or encampment means any place where a tent, tarp, or other temporary structure is located for the purpose of providing outdoor shelter.

Public property mean any town owned property, improved or unimproved, including, but not limited to a public park, public street, public sidewalk, public parking lot, public alley, public education institution and property, public recreation facility, public right-of- way, river walk, and bike path.

(Ord. No. 2024-22, 11-19-2024)

Sec. 12-93. - Unauthorized camping on public property.#

It is unlawful to camp, to occupy a campsite, or to leave camping materials on public property unless specifically authorized to do so by the Director of Public Works or his/her designee for an approved, permitted event.

(Ord. No. 2024-22, 11-19-2024)

Sec. 12-94. - Unauthorized use of fire on unauthorized campsite.#

It is unlawful to use a fuel tank or have an open fire on at an unauthorized campsite on public property. Notwithstanding the above, portable propane tanks may be used within designated picnic areas during regular park hours.

(Ord. No. 2024-22, 11-19-2024)

Sec. 12-95. - Removal of personal property at unauthorized campsites.#

Any camping materials and personal property abandoned at an unauthorized campsite may be removed and properly disposed of by the town. The town, its agents, and/or employees will not be liable for any loss or damage of any kind associated with the removal and/disposal of abandoned property at unauthorized campsites. Before removing any personal property, a public safety officer or his/her designee shall attempt to provide any readily apparent owners with at least 72 hours notice of the intent to remove the personal property and a reasonable opportunity to remove the personal property from public property. If there is no readily apparent owner, or if the apparent owner refuses to remove the personal property from public property, then the public safety officer may cause the personal property to be removed from public property. The public safety officer shall post a notice on or near the personal property so as to communicate the notice to the owner the following information: (1)

The location where the personal property was located;

(2)

The date and time notice was served or posted;

(3)

A statement that the storage of personal property violates this Section;

(4)

An advisement that the town has impounded the personal property for at least 30 days, the process to recover the personal property and storage location, and that the personal property will be disposed of after 30 days if not claimed.

The public safety officer may immediately properly dispose of or secure, without impounding or retaining for 30 days, any items which constitute an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband that may be legally seized, as permitted by law.

(Ord. No. 2024-22, 11-19-2024)

Sec. 12-96. - Penalties.#

Any person found to be in violation of any provision of chapter 12, article IV may be subject to a non-criminal hearing in municipal court via a summons to appear (defined in chapter 11.5 courts) and be issued a no trespass warning documented by the police department during a first offense. A second offense or subsequent offense shall include a municipal court hearing with a punishment by a fine not exceeding $100.00 at the discretion of the judge along with a continuance for acceptance of appropriate social services. Violations of any no trespass orders shall be handled within the jurisdiction of the district court.

(Ord. No. 2024-22, 11-19-2024)