[HISTORY: Adopted by the Town Council of
the Town of Portsmouth 8-5-1991 by Ord. No. 91-8-5. Amendments noted where
applicable.]
The Portsmouth Town Council hereby finds and
declares that:
A.
Excessive noise is a serious hazard to the public
health and welfare and the quality of life.
B.
A substantial body of science and technology exists
by which excessive noise can be substantially abated without serious
inconvenience to the public.
C.
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.
D.
Each person has a right to an environment reasonably
free from noise which jeopardizes health or welfare or unnecessarily
degrades the quality of life.
E.
It is declared policy of the 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.
A.
The purpose of this chapter 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.
This chapter may be cited as the "Noise Abatement
Ordinance" of the Town.
C.
This chapter shall apply to the control of all noise
originating within the limits of the Town or originating from properties
lying outside the limits of the Town owned or controlled by the Town,
except where either:
(1)
A state or federal agency has adopted a different
standard or rule than that prescribed in this chapter and has so preempted
the regulation of noise from a particular source as to render this
chapter inapplicable thereto; or
(2)
The Council has 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.
A.
If the measurements of sound are made with a sound-level
meter, it shall be an instrument in good operating condition and meeting
the requirements of a Type I or Type II meter, as specified by ANSI
Standard 1.4-1971. 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 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 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.
Unless otherwise expressly stated or the context
clearly indicates a different intention, the following words and terms
shall have the meanings given. Definitions of technical terms used
in this chapter, which are not herein defined, shall be obtained from
publications of acoustical terminology issued by ANSI or its successor
body.
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.
The American National Standards Institute or its successor
body.
The sound level in decibels measured using the A-weighted
network as specified in ANSI Standard 1.4-1971 for sound-level meters.
The level is designated dB(A) or dBA.
Any and all activity necessary or incidental to the erection,
assembly, alteration, installation, repair or equipment of buildings,
roadways or utilities, including land clearing, grading, excavating
and filling.
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).
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
A building or portion thereof regularly used for residential
occupancy.
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.
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.
Any area, tract or parcel of 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.
See "watercraft."
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 motorized bicycles,
motor scooters, mopeds and the like.
Any motor-operated vehicle licensed for use on the public
highways, but not including a motorcycle.
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.
Any sound which exceeds the dBA level for such sound set
out in this chapter; the making, creation or permitting of any unreasonably
loud, disturbing or unnecessary noise; or the making, creating or
permitting of any noise of such character, intensity or duration as
to be detrimental to the life, health or welfare of any individual,
or which either steadily or intermittently annoys, disturbs, injures
or endangers the comfort, repose, peace or safety of any individual.
Any motor vehicle, including road vehicles, but excepting
watercraft, used off public roads for recreational purposes.
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.
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.
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.
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.
Any street, avenue, highway, boulevard, alley, easement or
public space which is owned by or controlled by a public governmental
entity.
Any real property, including any structure thereon, which
is owned or controlled by a governmental entity.
Any sound which can be distinctly heard as a single pitch
or set of single pitches.
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 divisions.
The use or occupancy of the property which receives the transmission
of sound.
Any property on which is located a building or structure
used wholly or partially for living or sleeping purposes.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
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.
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 ANSI Standard 1.4-1971.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
Twenty 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 x 10-6N/M2). The sound-pressure level is denoted
"Lp" or "SPL" and is expressed in decibels.
A sound whose level remains essentially constant (+/-2 dBa)
during the period of the sound-level meter.
The Town of Portsmouth, Rhode Island, or the area within
the territorial limits of the Town, and such territory outside of
the Town over which the Town has jurisdiction or control by virtue
or ownership or any constitutional or Charter provision or any law.
Include the words "intended, designed or arranged to be"
(used or occupied).
Any contrivance used, or capable of being used, as a means
of transportation or recreation on water.
Those districts established in the Zoning Ordinance and indicated
on the Official Zoning Map or in the Zoning Ordinance.[1]
The provisions of this chapter shall not apply
to:
A.
The emission of sound for the purpose of alerting
persons to the existence of an emergency;
B.
The emission of sound in the performance of emergency
work;
C.
Noncommercial pubic speaking and public assembly activities conducted on any private property, public space or public right-of-way, except those activities controlled by § 257-11;
E.
Agricultural activities, exclusive of those involving
the ownership or possession of animals or birds;
F.
The emission of sound in the performance of military
operations, exclusive of travel by individuals to or from military
duty;
G.
The emission of sound in the discharge of weapons
between 6:00 a.m. and 9:00 p.m.;
H.
The emission of sound in the discharge of fireworks
displays licensed by the Town between the hours of 9:30 p.m. and 10:00
p.m. only, except with special permission granted by the Town Council;
[Amended 7-9-2007 by Ord. No. 2007-07-09]
I.
The emission of sound in the operation of snow removal
equipment;
J.
The emission of sound relative to permitted construction
and demolition activities, provided that such activities do not occur
between 9:00 p.m. and 7:00 a.m.; and
K.
The emission of sound relative to the operation of
yard or lawn maintenance equipment or machinery, provided such activities
do not occur between the hours of 9:00 p.m. and 7:00 a.m. the following
day.
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.
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:
|
Table I
Maximum Sound Levels by Receiving Land
Use
| ||||
|---|---|---|---|---|
|
Location of Receiving Land Use
|
Time
|
Sound Limit
(dBA)
| ||
|
Zoning district:
| ||||
|
Residential and Open Space
|
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
|
65
55
| ||
|
Commercial and Waterfront
|
At all times
|
75
| ||
|
Light and Heavy Industrial
|
At all times
|
75
| ||
|
Other:
| ||||
|
Public water
|
At all times
|
75
| ||
B.
For any source of sound which emits a pure tone, the
maximum sound-level limits set forth hereinabove shall be reduced
by five dBA.
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 hereof.
B.
Testing of a stationary emergency signaling device
shall occur at the same time of day each time the test is performed
or at such other time as may be permitted by the Police Department
or Fire Department, 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.
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.
B.
Vehicle or motorboat repairs or testing. No person
shall create a noise disturbance by repairing, rebuilding, modifying
or testing any motor vehicle, motorcycle or motorized watercraft.
C.
Powered model vehicles. No person shall create a noise
disturbance by operating or permitting the operation of a powered
model vehicle in a public or private space out of doors between the
hours of 10:00 p.m. and 7:00 a.m. the following day.
D.
Revelry. No person shall yell, shout, hoot, whistle,
sing or make or cause to be made any other noise on the public streets
between the hours of 10:00 p.m. and 7:00 a.m. of the following day,
or at any other time or place, so as to annoy or disturb the quiet,
comfort or repose of any person in any hospital, dwelling, hotel or
other type of residence or of any person in the vicinity.
No person shall operate, play or permit the
operation or playing of any drum, musical instrument or similar device
which produces sound in such a manner as to create a noise disturbance
across a residential real property boundary.
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.
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 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 vehicle or vehicles are operated. Such noise shall be measured at a distance of not more than 50 feet from the center line of travel under test procedures established by Subsection C hereof. If the distance of the measuring instrument from the center line of travel is less than 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 Legal Speed
Limit
| ||||
|
Type of Vehicle
|
35 mph or Less
[db(A)]
|
Over 35 mph
[db(A)]
| ||
|
(1)
|
Any motor vehicle with a manufacturer's gross
vehicle weight rating of 10,000 pounds or more and any combination
of vehicles towed by such motor vehicle
|
88
|
92
| |
|
(2)
|
Any motorcycle
|
82
|
86
| |
|
(3)
|
Any other motor vehicle and any combination
of motor vehicles towed by such motor vehicle
|
76
|
82
| |
|
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 any
laws 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 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 prior representation of the noise source. The microphone during
measurements 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 motorcycle 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 set forth in Table II.
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 a recreational vehicle or
permit the operation of one 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 property boundary.
G.
Motorized watercraft shall be governed by the sound
levels set forth in Table I. Every motorized watercraft shall be equipped
with a muffler in good working order and constant operation to prevent
noise which exceeds the dBA level set forth in Table I for public
water.
A.
No person shall operate or permit the operation of
any tool 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.
C.
The use of domestic power tools or equipment is subject
to the noise levels set forth in Table I.
D.
Properly permitted construction and/or demolition
activities are allowed between the hours of 7:00 a.m. and 9:00 p.m.
each day.
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 one hour.
B.
Devices used in conjunction with places of religious
worship shall be exempt from the operation of this section.
The owner, possessor or keeper of any animal
or bird shall be deemed to have violated this chapter if such animal
or bird frequently or for a continued duration emits sound that is
natural to the species, which sound exceeds the dBA level set forth
in Table I.
A.
This chapter shall be implemented, administered and
enforced by the Police Department.
B.
The provisions of this chapter which prohibit a person
from making or continuing noise disturbances, or causing the same
to be made or continued, across a real property boundary or within
a noise sensitive area shall be enforced by the Police Department.
C.
To implement and enforce this chapter, the Police
Department 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;
D.
Whenever a violation of this chapter occurs and two
or more persons are present in or on the lot from which the sound
emanates, and it is impossible to determine which of such persons
is the violator, the owner of the lot, if present, shall be presumed
responsible for the violation. In the absence of such owner, the tenant
or tenants of such lot or any person present with the direct consent
of the owner shall be held responsible for the violation.
E.
In the case of continuing violations, the Town Solicitor
may institute an action for injunctive relief against the owner and/or
tenant of the lot.
All departments and agencies of the Town shall
carry out their programs in furtherance of the policies set forth
in this chapter.
A.
Council shall have the authority, consistent with
this section, to grant sound variances from this chapter after public
hearing.
B.
Any person seeking a sound variance under this section
shall file an application with Council. 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 chapter would constitute an unreasonable hardship on the applicant,
on the community or on other persons.
C.
All applications shall be subject to an application fee of $100 and
an amount sufficient to cover the cost of advertising and notification
to all residents and property owners within 100 feet of the noise
source. Advertisement shall be made at least once, seven days prior
to the public hearing, in a newspaper of general circulation in the
Town. Notification shall be by regular mail at least seven days prior
to the public hearing.
[Amended 7-11-2016 by Ord. No. 2016-07-11]
D.
In determining whether to grant or deny an application,
or revoke a variance previously granted, Council 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 Council may reasonably
require. In granting or denying an application or in revoking a sound
variance previously granted, Council 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 it to those provisions of this chapter 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.
A.
Violation of this chapter shall be punishable by a
fine of not more than $100 and/or imprisonment for not more than 30
days.
B.
Holders of alcoholic beverage licenses.
(1)
In addition to any other penalty set forth herein,
any holder of a Class A, B, B Ltd., C or D liquor license who shall
be cited for violation of the provisions of this chapter twice within
a period of six months shall, upon complaint by the Police Department
to the Town Council sitting as a Board of License Commissioners, be
summoned to appear before the Board to show cause why disciplinary
action should not be taken against said license holder for violation
of state or local laws, ordinances or regulations.
(2)
The license holder shall be served with a notice of
the date, time and place of any such hearing.
(3)
The license holder has the right to be present at
any such hearing, to be represented by counsel if he/she so chooses,
to cross-examine witnesses and to present sworn testimony on his or
her own behalf.
(4)
After hearing, the Board may, if it finds that a violation
has occurred, take disciplinary action against the license holder,
including, but not limited to, suspension and/or revocation of the
license.
