[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.
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.
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.
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.
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.
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.
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 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.
A dwelling unit or school located in a commercial or industrial
zone.
Any motor-operated vehicle licensed for use on the public
highways, including motorcycle, motorized bicycle and motorized tricycle.
(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 a motorized bicycles,
motorscooters, mopeds and the like.
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.
The town department having responsibility for the enforcement
of this chapter.
Any sound which exceeds the dBA level for such sound set
out in this chapter.
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.
Any area posted with noise sensitive signs and/or subject to the noise levels in table I, § 12-46(a).
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.
Any motor vehicle, including road vehicles but excepting
watercraft, used off public roads for recreational purposes.
Beyond the exterior walls of any building or structure.
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.
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.
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.
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.
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 division.
The use or occupancy of the property which receives the transmission
of sound as hereinafter defined.
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 cause 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 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.
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.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
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.
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.
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.
Special events shall include:
An event that requires the partial or full closure of a road
or street.
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.
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.
A sound whose level remains essentially constant (t±2
dB(A)) during the period of sound level metering.
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.
Where it appears, either word shall be deemed to 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 the water.
Those districts established by the zoning provisions and
indicated on the official zoning map.
[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.
[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.
[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.
[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.
(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.
[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.
