ARTICLE I
In General

§ 12-1. Definitions. [Rev. Ords. 1989, § 12-1; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-1]

The following words, terms, and phrases, when used in this chapter, 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 chapter, which are not herein defined, shall be obtained from publications of acoustical terminology issued by the American National Standards Institute (ANSI) or its successor body.

A-SCALE (DB(A)) — The sound level in decibels measured using the A-weighted network as specified in ANSI S1.4-1971 for sound level meters. The level is designated dB(A) or dBA.

AMBIENT SOUND LEVEL — The noise associated with a given environment, exclusive of a particular noise being tested, being usually a composite of sounds from many sources near and far, exclusive of intruding noises from isolated identifiable sources.

CONSTRUCTION — Any and all activity necessary or incidental to the erection, assembling, altering, installing, repair or equipping of buildings, roadways, or utilities, including land clearing, grading, excavating and filling.

DECIBEL (DB) — A logarithmic and dimensionless unit of measure often used in describing the amplitude of sound equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

DEMOLITION — Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.

DWELLING UNIT — A building or portion thereof regularly used for residential occupancy.

DYNAMIC BRAKING DEVICE — 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 — 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 — Sound of short duration, usually less than one 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 — Any area, tract or parcel or land owned by or under the lawful control of one distinct ownership. Abutting platted lots under the same 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 person from that owned by another.

MIXED USE — A dwelling unit or school located in a commercial or industrial zone.

MOTOR VEHICLE — Any motor-operated vehicle licensed for use on the public highways, including motorcycle, motorized bicycle and motorized tricycle.

MOTORBOAT — (See Watercraft.)

MOTORCYCLE — Any motor vehicle having a saddle, or seat, for the use of the rider and designed to travel on not more than three wheels in contact with the ground. The term shall include a motorized bicycles, motorscooters, mopeds and the like.

NARROW BAND SOUND — Sound characterized by normal listeners as having a predominant pitch or series of pitches; sound described by such listeners as a whine, hiss, toot, or wail; or a sound whose frequencies occupy an octave band or less.

NOISE CONTROL OFFICE — The town department having responsibility for  the enforcement of this chapter.

NOISE DISTURBANCE — Any sound which exceeds the dBA level for such sound set out in this chapter.

NOISE SENSITIVE ACTIVITIES — Activities which should be conducted under conditions of exceptional quiet, including but not limited to operation of schools, libraries open to the public, churches, hospitals, medical facilities and nursing homes.

NOISE SENSITIVE AREA — Any area posted with noise sensitive signs and/or subject to the noise levels in table I, § 12-46(a).

NONCONFORMING USE — A use of a structure, building or land which was established as a permitted use and which has been lawfully continued pursuant to the zoning provisions, but which is not a permitted use in the zone which it is now located.

OFF-ROAD RECREATIONAL VEHICLE — Any motor vehicle, including road vehicles but excepting watercraft, used off public roads for recreational purposes.

OUTDOOR — Beyond the exterior walls of any building or structure.

PERSON — 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 that state, including the town.

PHYSICAL CHARACTERISTICS OF SOUND — Is a descriptive term, encompassing the steady, impulsive or narrow band property of sound, the level of the sound, and the extent to which it exceeds the background sound level.

PLAINLY AUDIBLE — Any sound for which the information content of that sound 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 comprehensive rhythms.

PORT FACILITIES — 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 — Any self-propelled airborne, waterborne or landborne model plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket.

PUBLIC RIGHT-OF-WAY — Any street, avenue, highway, boulevard, alley, easement or public space which is owned by or controlled by a public governmental entity.

PUBLIC SPACE — Any real property, including any structure thereon, which is owned or controlled by a governmental entity.

PURE TONE — Any sound which can be distinctly heard as a single pitch or set of single pitches.

REAL PROPERTY BOUNDARY — An imaginary line along the ground surface and its vertical extension which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property division.

RECEIVING LAND USE — The use or occupancy of the property which receives the transmission of sound as hereinafter defined.

RESIDENTIAL — Any property on which is located a building or structure used wholly or partially for living or sleeping purposes.

SOUND — 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 — 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  American National Standards Institute specifications for sound level meters (ANSI S1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

SOUND LEVEL METER — An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output or display meter and weighting networks used to measure sound pressure levels, which complies with American National Standards Institute Standard 1.4-1971.

SOUND PRESSURE — 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 — 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micronewtons per square meter (20 by 10-6N/m2). The sound pressure level is denoted LP or SPL and is expressed in decibels.

SPECIAL EVENT — Any event that the applicant or sponsor knows or should know by promotion, public announcements, or past experience will attract more than 250 persons or 50 motor vehicles in the commercial zones, or 100 persons or 50 motor vehicles in the residential zones, or will require services beyond those that are regularly provided by the town such as additional police services, traffic control, fire and emergency and medical planning or services, street closures, or trash clean up.

(1)         Special events may include parades, dances, concerts, fairs, parties, traveling shows or exhibits, road races, fireworks display, triathlons, biathlons, decathlons, bicycle races, amplified music and performances.

(2)         Special events shall include:

a.             An event that requires the partial or full closure of a road or street.

b.            An event that will attract 100 or more persons at one time to use the Fred Benson Town Beach or other state- or town-owned property at one time.

c.             A wedding, party, or other event held in a residential zone, if the owner knows or has reason to know that the event will attract more than 100 persons or 50 motor vehicles.

STEADY SOUND — A sound whose level remains essentially constant (t±2 dB(A)) during the period of sound level metering.

TOWN — The Town of New Shoreham, Rhode Island, or the area within the territorial city limits of the Town of New Shoreham, Rhode Island, and such territory outside of this town over which the town has jurisdiction or control by virtue of ownership or any constitutional or Charter provisions or any law.

USED OR OCCUPIED — Where it appears, either word shall be deemed to include the words "intended, designed or arranged to be used or occupied."

WATERCRAFT — Any contrivance used or capable of being used as a means of transportation or recreation on the water.

ZONING DISTRICTS — Those districts established by the zoning provisions and indicated on the official zoning map.

§ 12-2. Statement of public policy. [Rev. Ords. 1989, § 12-2; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-2]

(a)          The town council finds and declares that:

(1)         Excessive noise is a serious hazard to the public health and welfare  and  the quality of life in the town;

(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 herein and should be allowed to continue at reasonable levels with moderate regulation; and

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

(b)         It is the declared policy of this Town to promote an environment free from excessive noise, otherwise properly called noise pollution, which unnecessarily jeopardizes the health 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.

§ 12-3. Purpose, title and scope. [Rev. Ords. 1989, § 12-3; Ord. of 3-18-1992; Ord. of 4- 6-2005(3), § 12-3]

(a)          The purpose of this chapter is to establish standards for 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)         This chapter may be cited as the disturbing noises chapter of the town.

(c)          This chapter shall apply to the control of all noise originating within the limits of the town or originating from places lying outside the limits of the town, except where either:

(1)         A state or federal agency has adopted a different standard or rule than that prescribed within this chapter and has so preempted the regulations of noise from a particular source as to render this chapter inapplicable thereto; or

(2)         The town council has determined that, by reason of public acceptance of the activity producing a particular noise or noises, such noise is deemed acceptable to the residents of this town.

§ 12-4. Measurement of sound. [Rev. Ords. 1989, § 12-4; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-4]

(a)          If the measurements 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 S1.4-1971. For purposes of this chapter, 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 shall be at least that called for in ANSI Standard S1.4-1971 for Type II instruments.

(c)          When the location or distance prescribed in this chapter 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 chapter.

(d)         Procedures and tests required by this chapter and not specified herein shall be placed on file with the town clerk.

§ 12-5. Exceptions to chapter. [Rev. Ords. 1989, § 12-5; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-5]

The provisions of this chapter shall not apply to:

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

(2)         The emission of sound in the performance of emergency work and maintenance as performed by the town, the state or public utilities companies.

(3)         The unamplified human voice, except those activities controlled by § 12-48(a);

(4)         Agricultural activities exclusive of those involving the ownership or possession of animals or birds;

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

(6)         The emission of sound in the discharge of weapons;

(7)         The emission of sound from the traditional town-sanctioned Fourth of July Parade and from the town-sanctioned Fourth of July fireworks display on Town Beach;

(8)         The emission of sound in the operation of snow removal equipment.

(9)         The emission of sound relative to permitted construction and demolition activities provided such activity does not occur between the hours of 9:00 p.m. and 7:00 a.m.

(10)      Events sponsored in whole or in part or events funded in whole or in part by the town on property owned or controlled by the town.

§ 12-6. Noise disturbance prohibited. [Rev. Ords. 1989, § 12-6; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-6]

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

§ 12-7. through § 12-25. (Reserved)

ARTICLE II
Administration

§ 12-26. Implementation and enforcement. [Rev. Ords. 1989, § 12-26; Ord. of 3-18-1992;Ord. of 4-6-2005(3), § 12-26]

(a)          This chapter shall be implemented, administered and enforced by the police department or any other town department or division designated by the town council and  any persons violating its provisions shall be fined in accordance with penalties set forth in this chapter.

(b)         The provisions of this chapter which prohibit the making, continuing or causing the making or continuing of noise disturbance across a real property boundary or within a noise sensitive area shall be enforced by the police department or any other town department or division designated by the town council.

(c)          To implement and enforce this chapter, the police department or any other 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 chapter 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 chapter, if these projects are likely to cause sound in violation of this chapter.

(5)         Prepare recommendations for consideration by the town council after publication of notice and public hearing for establishing the boundaries of noise sensitive areas.

§ 12-27. Compliance by town department and agencies. [Rev. Ords. 1989, § 12-27; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-27]

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

§ 12-28. through § 12-45. (Reserved)

ARTICLE III
Sound Level Regulations

§ 12-46. Maximum permissible sound levels by receiving land use; immediate threat. [Rev. Ords. 1989, § 12-46; Ord. of 6-20-1990; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-46]

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

(b)         Notwithstanding any other provisions of this chapter, any business with a liquor license which is cited for a noise disturbance is subject to the penalty for a violation in a "Category II" property as set out in table I as set forth in subsection (a) of this section.

(c)          Correction for character of sound. For any source of sound which emits a pure tone, the maximum sound level limits set forth hereinabove shall be reduced five dBA.

(d)         Exceptions to table I. Activities covered by the following sections:

(1)         Section 12-47, Emergency signaling devices.

(2)         Section 12-50, Regulation of sound equipment and sound amplifying equipment.

(3)         Section 12-51, Motorized vehicles.

(4)         Section 12-53, Stationary nonemergency signaling devices.

§ 12-47. Emergency signaling devices. [Rev. Ords. 1989, § 12-47; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-47]

(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 emergency signaling device shall occur at the same time of day each time the test is performed, but not before 8:00 a.m. or after 9:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall the test time exceed 60 seconds.

§ 12-48. Specific activities prohibited. [Rev. Ords. 1989, § 12-48; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-48]

(a)          Sales by hawking or barking. No person shall create a noise disturbance by offering for sale or selling anything by shouting or outcry across a real property boundary or in a noise sensitive area.

(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 or within a noise sensitive area.

(c)          Powered model vehicles. No person shall operate or permit the operation of powered model vehicles in a public or private space out of doors or within a noise sensitive area between the hours of 9:00 p.m. and 7:00 a.m. the following day.

§ 12-49. Musical instruments, radios, televisions, tape players, compact discs and similar devices. [Rev. Ords. 1989, § 12-49; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-49]

No person shall operate, play or permit the operation or playing of any drum, musical instrument, radio, tape player, compact disc, television or similar device, or any combination of the same, which produces, reproduces or amplifies sound:

(1)         In such a manner as to create a noise disturbance across a real property boundary or within a noise sensitive area;

(2)         In such a manner as to create a noise disturbance at 50 feet from such device, when operated in or on a motor vehicle on a public right-of-way or space, or in a boat or personal watercraft on public waters;

(3)         In such a manner as to create a noise disturbance, a distance of 50 feet from such device, to any person other than the operator of the device when operated by any person on either a common carrier, public beach, park, playground or other public recreational area.

§ 12-50. Regulation of sound equipment and sound amplifying equipment. [Rev. Ords. 1989, § 12-50; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-50]

Except for activities for which a special event license or an outdoor entertainment license has been issued by the town, no person shall so 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 across a real property boundary.

§ 12-51. Motorized vehicles, motorboats or other watercraft. [Rev. Ords. 1989, § 12-51; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-51]

(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 of 10,000 pounds or more for a consecutive period longer than 20 minutes while such vehicle is standing and located within 150 feet of property zoned and used for residential purposes, 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 manner as to exceed the noise limits 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 operated. Such noise shall be measured at a distance of no more than 50 feet from the centerline of travel under test procedures established by subsection (c) of this section. In the event the distance of the measuring instrument from the centerline of travel is less than 50 feet, such listed noise limits shall be corrected to reflect the equivalent noise limits for the actual distance.

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 provisions of this Revision relating to motor vehicle muffler or noise control.

(c)          The measurement of sound or noise shall be made with a sound level meter meeting standards prescribed by the American National Standards Institute or  its  successor body. The instrument shall be 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 measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and  other transportation noise sources and other background noise interferes 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 dBA levels in table II in subsection (b) of this section. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.

(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.

(f)          No person shall operate an off-road recreational vehicle or permit the operation of one or more off-road 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 property boundary or in a noise sensitive area.

(g)         No person shall sound any horn or other auditory signaling device on or in any motor vehicle on any public right-of-way or public space, except as a warning of danger or as provided in the vehicle code.

(h)         No person shall sound any horn or other auditory signaling device so as to create or cause a noise disturbance.

(i)           No person shall operate or permit the operation of any motor boat or other watercraft in any pond, harbor, ocean or other waterway in such a manner so as to cause a noise disturbance and/or as to exceed a sound level of 65 dBA at 150 feet or the nearest shoreline, whichever is less.

§ 12-52. Construction. [Rev. Ords. 1989, § 12-52; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-52]

(a)          No person shall operate or permit the operation of any tools or equipment in construction, drilling or demolition work, or in preventive maintenance work for public service utilities, which creates a noise disturbance across a residential real property boundary or within a noise sensitive area.

(b)         The terms of this section shall not apply to emergency work or repair work performed by and for governmental entities or public service utilities.

(c)          The use of domestic power tools or equipment is subject to the noise levels in table I in § 12-46(a).

§ 12-53. Stationary nonemergency signaling devices. [Rev. Ords. 1989, § 12-53; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-53]

(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 minute in any hourly period.

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

§ 12-54. Animals and birds.

No person shall own, possess, or harbor any animal or bird which frequently or for a continued duration emits sound native to the species which exceed the dBA levels in table I in § 12-46(a).

§ 12-55. Outdoor amplification or entertainment. [Ord. of 3-18-1992, § 12-55; Ord. of 10-20-1993; Ord. of 4-6-2005(3), § 12-55]

Outdoor entertainment or amplification of sound of a commercial nature is prohibited except when licensed under the provisions of chapter 8.

§ 12-56. Violations and penalties. [Ord. of 3-18-1992, § 12-56; Ord. of 4-6-2005(3), § 12-56]

(a)          The violation of any provision of this chapter shall carry a penalty as provided by the general laws of the state and § 1-15.

(b)         Each such act which constitutes a violation of any provision of this chapter which either continues or is repeated more than 30 minutes shall be considered a separate offense and shall be prosecuted as a separate offense.