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Town of Cumberland, RI
Providence County
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Table of Contents
Table of Contents
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
It is hereby declared to be the policy of the Town to prohibit unnecessary, excessive, and annoying noise from all sources subject to its police power. At certain levels, such noise is a serious hazard to the public health and welfare and the quality of life in a close urban and suburban society. The Town recognizes that each person has the right to an environment reasonably free from said noise. Therefore, in the public interest, such noise shall be systematically proscribed.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
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:
"A" BAND LEVEL
The total sound level of all noise as measured with a sound level meter using the "A" weighing network. The unit of measurement is the dB(A).
AMBIENT NOISE
The all encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far.
BEL
A unit of level when the base of logarithm is 10. Use of the bel is restricted to quantities proportional to power.
CONSTRUCTION
Any and all activity necessary or incidental to the erection, assembly, alteration, installation, repair or equipment of buildings, dwellings, roadways or utilities, including but not limited to: land clearing, grading, excavating and filling.
CYCLE
The complete sequence of values of a periodic quantity that occur during a period.
DECIBEL
One-tenth of a bel and is a unit of level when the base of the logarithm is the tenth root of ten, and the quantities concerned are proportional to power.
DEMOLITION
Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
EMERGENCY WORK
Activity made necessary to restore property to a safe condition following a public calamity of work required to protect persons or property from imminent exposure to danger or work by private or public utilities when restoring utility service.
PERSON
Any individual, including the owner of premises, or tenant, association, partnership or corporation.
REAL PROPERTY LINE
Any line of record, bounding another parcel of real property which divides said real property from any other parcel of real property or from a public or private street or any other public or private space.
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 each sound, including duration, intensity and frequency.
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 A.N.S.I. standards.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
The measurement of sound or noise shall be made with a sound level meter. The instrument shall be maintained in calibration and in 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 proper representation of the noise source.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
Zone
Time
Sound Level
(dba)
R1, R2, R3
7:00 a.m. — 7:00 p.m.
65
R1, R2, R3
7:00 p.m. — 10:00 p.m.
60
R1, R2, R3
10:00 p.m. — 7:00 a.m.
55
C1, C2
7:00 a.m. — 7:00 p.m.
70
C1, C2
7:00 p.m. — 7:00 a.m.
65
A1, A2
7:00 a.m. — 7:00 p.m.
65
A1, A2
7:00 p.m. — 7:00 a.m.
60
I1, 12
7:00 a.m. — 7:00 p.m.
85
I1, 12
7:00 p.m. — 7:00 a.m.
75
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
Any noise level exceeding the ambient base level, as defined in § 14-34 anywhere along the real property, or property lines of any property, or if a condominium or apartment house, with any adjoining apartment, by more than five decibels, shall be deemed to be prima facie evidence of a violation of this section.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
The Police Chief or his designee shall train personnel in the proper use of sound level meters and criteria necessary for the enforcement of the provisions of this article.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
Any person found to be in violation of this section by any duly authorized police officer shall be given written warning for the first offense. Any person who commits a second violation shall be summoned to court and upon conviction shall be fined $50. All subsequent violations shall result in a $100 fine upon conviction.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
The following activities shall be exempt from noise level regulations.
(1) 
Noises of safety signals, warning devices, or any authorized emergency vehicle when responding to an emergency call.
(2) 
Noises resulting from emergency work as defined in § 14-32.
(3) 
Any aircraft operated in conformity with or pursuant to federal law, federal air regulations, and/or air traffic control instruction.
(4) 
Any noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefore has been granted by the Town.
(5) 
The emission of sound in the discharge of weapons or in fireworks displays licensed by the Town from 7:00 a.m. to 11:00 p.m.
(6) 
The emission of sounds in the operation of snow removal equipment at any time; provided that such equipment shall be maintained in good repair so as to minimize noise.
(7) 
The emission of sound relative to permitted construction and demolition activities; provided that such activity does not occur between the hours of 9:00 p.m. and 7:00 a.m.
(8) 
The emission of sound in a residential area made in the course of the maintenance of a dwelling and or property; provided, however, that such activity does not occur between the hours of 9:00 p.m. and 7:00 a.m.
(9) 
The emission of sound, notwithstanding appropriate zoning and licensing requirements, made in the regular course of business; provided, however, that: a) such sound does not occur between the hours of 9:00 p.m. and 7:00 a.m. and b) that sound or noise projecting from one zoned district with a different noise level limit shall not exceed the limits of the district from which the noise is projected.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
(a) 
Notwithstanding any other provisions 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, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
(b) 
The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
(1) 
The level of the noise;
(2) 
The intensity of the noise;
(3) 
Whether the nature of the noise is usual or unusual;
(4) 
Whether the origin of the noise is natural or unnatural;
(5) 
The level and intensity of the background noise, if any;
(6) 
The proximity of the noise to residential sleeping facilities;
(7) 
The nature and zoning of the area within which the noise emanates;
(8) 
The density of the inhabitation of the area within which the nosie emanates;
(9) 
The time of the day or night the noise occurs;
(10) 
The duration of the noise;
(11) 
Whether the noise is recurrent, intermittent, or constant; and
(12) 
Whether the noise is produced by a commercial or noncommercial activity.
[Ord. No. 95-24, § 2, 10-18-1995; Ord. No. 96-12, § 1, 4-17-1996]
The absence of any evidence derived from the use of a sound level meter shall not preclude a conviction under § 14-39 based on other admissible evidence.