[HISTORY: Adopted by the Town Council of
the Town of Westerly 8-13-1991 by Ch. No. 983 as §§ 8-51 through 8-62 of
the 1991 Code (as amended through Ch. No. 1275); amended in its entirety 7-19-2010 by Ch. No.
1720. Amendments noted where applicable.]
The Town Council finds and declares that:
A.Â
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.Â
This chapter may be cited as the "Noise Control Ordinance
of the Town of Westerly."
Unless otherwise expressly stated or the context
clearly indicates a different intention, the following terms shall
have the meanings shown. Definitions of technical terms used shall
be obtained from publications of acoustical terminology used 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."
Any and all activity necessary or incidental to the erection,
assembly, alteration, installation, repair or equipping of buildings,
roadways, infastructure, or utilities, including drilling, blasting,
mining, 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, impervious surfaces,
or similar property.
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.
Gas-, propane- or diesel-powered engine designed to generate
electricity outside the confines of a building.
Any area, a 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.
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
and motor scooters.
Any motor-operated vehicle licensed for use on the public
highways.
Any sound which:
Any area used for the operation of schools, churches, hospitals
and nursing homes or any area designated by the Town Council as a
noise-sensitive area and posted with noise-sensitive signs.
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 that
state, including the Town.
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 comprehensible musical rhythms.
The gas, propane or diesel compressor attached to a truck,
trailer or temporary storage unit whose purpose is to heat or cool
the space to which it is attached.
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 government
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 as defined in this section.
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 average, output or display meter, and
weighting networks used to measure sound pressure levels, which complies
with American National Standards Institute Standard 1.4-1971.
Those districts established by and defined in Chapter 260, Zoning, of the Code of the Town of Westerly.
No person shall make, continue or cause to
be made or continued, except as permitted, any noise disturbance as
defined in this chapter or any noise in excess of the sound level
limit for such noise established in this chapter.
A.Â
Discharge of weapons and fireworks displays. The discharge of weapons
or fireworks displays licensed by the Town are permitted between the
hours of 7:00 a.m. and 11:00 p.m.
B.Â
Loading and unloading. Any person shall be permitted to load, unload,
open, close or handle crates, containers, garbage cans and dumpsters,
building materials or similar objects outdoors between the hours of
6:30 a.m. and 9:00 p.m.
C.Â
Construction and manufacturing.
(1)Â
Drilling, blasting, mining, manufacturing or demolition work. The
operation of any tools or equipment in drilling, blasting, mining,
manufacturing or demolition work or in preventive maintenance work
for public service utilities is permitted between the hours of 7:00
a.m. and 5:00 p.m., except on Sundays or legal holidays. The terms
of this section shall not apply to emergency work or repair work performed
by or for governmental entities or public service utilities for public
safety and welfare.
(2)Â
Building construction activities. The operation of building construction,
alteration or repair activities, authorized by a valid Town building
permit, is permitted between the hours of 7:00 a.m. and 9:00 p.m.,
provided that on Sundays and legal holidays operation is permitted
between the hours of 10:00 a.m. and 6:00 p.m.
D.Â
Domestic power tools. The use of small, domestic power tools or equipment, such as a saw, drill, sander, grinder or similar device, used outdoors in residential areas is allowed but subject to the noise levels set out in § 171-7.
E.Â
Lawn care and grounds maintenance equipment. The use of lawn care
and grounds maintenance equipment, such as a lawnmower, leaf blower,
lawn or garden tool, or similar device, is allowed in normal daytime
usage if used and maintained in accordance with the manufacturer's
specifications.
F.Â
Operation of snow-removal equipment. The operation of snow-removal
equipment is allowed at any time, provided that such equipment shall
be maintained in good repair so as to minimize noise. Noise discharged
from exhausts shall be adequately muffled so as to prevent loud and/or
explosive sounds being emitted therefrom.
G.Â
Town-permitted activities:
(1)Â
Parades or processions for which a parade permit has been issued,
provided the conditions of the permit are complied with.
(2)Â
Any athletic event or recreational activity which is conducted and
sponsored or funded in part by any elementary or secondary school
or the Town of Westerly, on property owned and controlled by the Town
of Westerly.
(3)Â
Band concerts or music provided, sponsored or funded, in whole or
in part, by the Town of Westerly or by any entity qualifying for tax
exempt status under Section 501(c)(3) of the Internal Revenue Code,
or on property owned and controlled by the Town of Westerly or in
Wilcox Park for which a valid permit has been obtained.
H.Â
Church or clock carillons, bells or chimes. The emission of sound
from church or clock carillons, bells or chimes is permitted at any
time.
I.Â
Emergency signaling devices. The 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. The emission of sound for the
purpose of alerting persons to the existence of an emergency is permitted
at any time.
J.Â
Exterior generators and portable cooling/heating compressors. The
operation of an exterior generator or portable cooling/heating compressor
is permitted between the hours of 7:00 a.m. and 9:00 p.m., provided
that on Sundays and legal holidays operations shall be permitted only
between the hours of 10:00 a.m. and 6:00 p.m.
(1)Â
The operation of an external generator or portable cooling/heating
compressor is permitted at any time during a power outage or a power
reduction or for other commercial backup purposes or for testing or
routine maintenance of the generator or compressor or during an emergency.
(2)Â
The operation of an external generator or portable cooling/heating
compressor is permitted at any time for use on or in conjunction with
an active construction site, provided all other provisions of the
Noise Ordinance are met with respect to hours of construction, and
provided further that continuous operation of a generator or compressor
at a construction site is permitted where said operation is integral
to the nature of the construction project itself and industrial activities
otherwise permitted in an industrial zone.
K.Â
Aircraft. The movements of aircraft which are in all respects conducted
in accordance with, or pursuant to, applicable federal laws or regulations
are permitted.
The following acts and the causing thereof are
declared to be in violation of this chapter:
A.Â
Radios, television sets, musical instruments and similar
devices. No person shall operate, play or permit the operation or
playing of any radio, television, phonograph, drum, musical instrument,
sound amplifier or similar device, or any combination of the same,
which produces, reproduces or simulates amplified sound:
(1)Â
In such a manner as to create a noise disturbance
across a real property boundary or within a noise-sensitive area.
(2)Â
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 on public waters.
(3)Â
In such a manner as to create a noise disturbance
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.
B.Â
Animals and birds. No person shall own, possess or
harbor any animal or animals, bird or birds which frequently or for
continued duration howls, barks, meows, squeaks, or makes other sounds
which create a noise disturbance across a real property boundary or
within a noise-sensitive area.
C.Â
Vehicle or motorboat repairs and 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 outdoors within a noise-sensitive area.
D.Â
Motorboats, jet skis and similar devices. No person
shall operate or permit the operation of any motorboat, jet ski or
other similar device in any lake, river, stream or other waterway
in such a manner so as to cause a noise disturbance and/or as to exceed
a sound level of 50 dBA at 200 feet or the nearest shoreline, whichever
is less.
E.Â
Noise-sensitive zones. No person, alone or in concert
with others, shall create or cause the creation of any sound within
any noise-sensitive area so as to disrupt or interfere with the functions
and/or activities normally conducted within the area or to disturb
or annoy any person or persons within such area.
F.Â
Motor vehicles.
(1)Â
Motor
vehicle maximum sound levels. No person shall operate or cause to
be operated a public or private motor vehicle or motorcycle on a public
right-of-way at any time in such a manner as to create a noise disturbance.
(2)Â
Adequate
mufflers or sound-dissipative devices.
(a)Â
No person shall operate or cause to be operated any motor vehicle
or motorcycle not equipped with a muffler or sound-dissipative device
in good working order and in constant operation.
(b)Â
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.
(3)Â
Motor
vehicle horns and signaling devices. The following acts and the causing
thereof are declared to be in violation of this chapter:
(a)Â
The sounding of 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.
(b)Â
The sounding of any horn or other auditory signaling device so as
to create or cause a noise disturbance.
A.Â
Maximum permissible sound levels by receiving land
use. With the exception of sound levels elsewhere specifically authorized
or allowed in this chapter, no person shall operate or cause to be
operated, make, continue or cause to be made or continued any noise
or source of sound as to create a sound level which exceeds the limits
set forth for the receiving land use category in Table 1 when measured
at or within the property boundary of the receiving land use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
|
Table 1
| ||
|---|---|---|
|
Sound Levels By Receiving Land Use
| ||
|
Zoning Category of Receiving Land Use
|
Sound Level Limit (dBA) from 8:00 a.m.
to 10:00 p.m.
|
Sound Level Limit (dBA) from 10:00 p.m.
to 8:00 a.m.
|
|
Residential (LDR-43, LDR-40, MDR-30, MDR-20,
HDR-15, HDR-10, HDR-6)
|
65
|
60
|
|
Commercial (DC-1, DC-2, GC, HC, NB, MC, SC-WH,
SC-G, CR)
|
75
|
75
|
|
Professional (P-15)
|
75
|
75
|
|
Industrial (LI, GI, ORAT)
|
70
|
60
|
|
Agriculture (RR-60, OSR)
|
70
|
60
|
|
Noise-sensitive area
|
65
|
55
|
|
Motor vehicle w/wt. 10,000 or more
|
86 dBA 35 mph or less/90 dBA over 35 mph
| |
|
Motorcycle
|
82 dBA 35 mph or less/86 dBA over 35 mph
| |
|
Any motor vehicle towed
|
76 dBA 35 mph or less/82 dBA over 35 mph
| |
B.Â
Correction for character of sound. For any source of sound which emits a pure tone, the maximum sound level limits set forth in Subsection A shall be reduced by five dBA.
C.Â
Measurement of sound.
(1)Â
Decibel measurements shall be made with a sound level
meter, which shall be an instrument in good operating condition 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 an A-weighted scale and both fast and slow meter response
capability.
(2)Â
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.
(3)Â
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.
(4)Â
Procedures and tests required by this chapter and
not specified herein shall be placed on file with the Town Clerk.
A.Â
Council shall have the authority, consistent with
this section, to grant sound variances from this chapter after public
hearing.
B.Â
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.Â
All applications shall be subject to a fee of $50
per day if granted and, whether granted or denied, 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.
D.Â
In determining whether to grant or deny an application
or revoke a variance previously granted, Council shall balance 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.Â
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.Â
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.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished for each violation as provided in Chapter 1, Article II, General Penalty. The continuation of a violation of any provision of this chapter shall constitute, for each day the violation is continued, a separate and distinct violation hereunder.
