The Town Council finds and declares that:
A. Excessive and unreasonably loud or disturbing noise
is a serious hazard to the public health and welfare and the quality
of life in the Town and can violate the well-being, tranquility and
privacy of the citizenry. Excessive noise may also deprive the residents
of the Town of their fundamental right to the peaceable enjoyment
of their daily lives and of their homes.
B. The current state of science and technology provides
the means and methods by which excessive noise can be substantially
abated without serious inconvenience to the public.
C. Certain of the noise-producing equipment in the Town
is necessary and essential to the quality of life of the community
and should be permitted to continue at reasonable levels with moderate
regulation.
D. Each person has a right to an environment reasonably
free from unwelcomed noise that jeopardizes health or welfare, degrades
the quality of life, or violates the well-being, tranquility, or privacy
of the home.
E. When enacting ordinances that restrict or regulate
expressive activities, the protections granted by the First Amendment
to the United States Constitution and Article 1 of the Constitution
of the State of Rhode Island must be paramount. Restrictions and regulations
imposed by any ordinance must be enacted without reference to the
content of any expressive activity. Reasonable restrictions and regulation
may be made, however, to control the time, place and manner of any
such expressive activity, provided those restrictions or regulations
are content neutral, are narrowly tailored to serve a significant
governmental interest, and leave open ample alternative means of communication.
F. It is the declared policy of the Town to promote an
environment free from excessive, unreasonably loud or disturbing noise
that unreasonably jeopardizes the health and welfare of the public;
violates and disturbs the well-being, tranquility and privacy of the
daily lives of the citizenry and the enjoyment of their homes without
unduly prohibiting, limiting, or otherwise regulating or restricting
the function of certain noise-producing equipment that is not amenable
to such controls and is essential to the quality of life in the community;
and, at the same time, keeping the protections of the First Amendment
and Article I of the Constitutions of the United States and the State
of Rhode Island, respectively, paramount in enacting any provisions
prohibiting, regulating, or restricting noise disturbances without
reference to the content of any such activity.
G. It is hereby further declared to be a nuisance and
it shall be unlawful for any person to make, cause or permit to be
made or caused upon any premises owned, occupied or controlled by
him, or upon any public street, alley, right-of-way, or thoroughfare
in the Town, unreasonable noise or sounds by means of the human voice,
or by any other means or method, which are physically annoying to
persons, or which are so harsh, or so prolonged or unnatural, or unusual
in their use, time, and place as to occasion physical discomfort,
or which are injurious to the lives, health, peace and comfort of
the inhabitants of the Town.
H. It is hereby declared to be the policy of the Town
of Lincoln 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 suburban society. The Town of Lincoln recognizes that
each person has the right to an environment reasonably free from said
noise. Therefore, in the public interest, such noise shall be reasonably
limited, regulated, or restricted.
As used in this chapter, unless the context
otherwise clearly indicates that a different meaning or definition
is intended, the words and phrases used herein are defined as follows:
AMBIENT NOISE
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
For the purpose of this chapter, "ambient noise" levels is the level
obtained when the noise level is averaged over a period of 15 minutes
without inclusion of noise from isolated identifiable sources, including
the sound source under investigation, at the location and time of
day near that at which a comparison is to be made.
A.N.S.I.
The American National Standards Institute or its successor
body.
A-SCALE (DBA)
The sound level in decibels measured using the A-weighted
network as specified in the A.N.S.I. Standard 1.4-1983 or the latest
approved revision thereof, for sound-level meters. The level is designated
as dB(A) or dBA.
BAFFLE
Sound-deadening material that sits inside a muffler and quiets
the exhaust noise.
COMMERCIAL PURPOSE
Includes the use, operation or maintenance of any sound-amplifying
equipment for the purpose of advertising any business or any goods
or any services, or for the purpose of attracting the attention of
the public to, or advertising for, or soliciting patronage or customers
to or for any performance, show, entertainment, exhibition or event,
or for the purpose of demonstrating such sound equipment.
CONSTRUCTION
Includes any and all activity necessary or incidental to
the erection, assembly, alteration, installation, repair, or equipping
of buildings, roadways or utilities, including land clearing, grading,
excavating or filling.
DECIBEL
A unit of level which denotes the ratio between two quantities
which are proportional to power; the number of decibels corresponding
to the ratio of the two amounts of power is 10 times the logarithm
to the base 10 of this ratio.
DWELLING UNIT
A building or portion thereof regularly used for residential
occupancy.
EMERGENCY WORK
Work made necessary to restore property to a safe condition
following a public calamity, or work required to protect persons or
property from an imminent exposure to danger, or work by a private
or public utility company when restoring utility services.
HERTZ
The complete sequence of values of a periodic quantity which
occurs during a period.
IMPULSIVE SOUND
A 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 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
person.
MICROBAR
A unit of pressure commonly used in acoustics and is equal
to one dyne per square centimeter.
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 motorized bicycles,
motor scooters, mopeds and the like.
MOTOR VEHICLE
Any motor-operated vehicle licensed for use on the public
highways.
NARROW BAND SOUND
Any sound characterized by normal listeners as having a predominant
pitch or series of pitches; sound described by such listeners as "whine,"
"hiss," "hum," "toot," or "wail."
NOISE DISTURBANCE
Any sound or sound level that exceeds the standards for such
sound or sound level set forth in this chapter. "Noise disturbance"
shall also mean sound from the human voice or voices including but
not limited to yelling, laughing, hooting, hollering, screaming, or
singing between the hours of 10:00 p.m. and 7:00 a.m. which exceeds
the sound or sound level standard set out in this chapter.
NOISE-SENSTITIVE ACTIVITIES
Activities that should be conducted under conditions of exceptional
quiet, including but not limited to operations of schools, libraries
open to the public, churches, hospitals and nursing homes.
NOISE-SENSITIVE AREA
Any area designated by the Town Council to be subject to the limitation of noise-sensitive activities as set out in §
175-4; provided however, that any such area shall be clearly posted with "Noise-sensitive area" signs.
PERIODIC QUANTITY
Oscillating quantity, the values of which recur for equal
increments of time.
PERSON
An individual, firm, association, copartnership, joint venture,
corporation or any legal entity, public or private in nature.
PHYSICAL CHARACTERISTICS OF SOUND
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.
PLAINLY AUDIBLE
Any sound that can be detected by a person with normal hearing
using his or her unaided hearing faculties. As an example, if the
sound source under investigation is a sound amplification or sound
reproduction device, the detection of the rhythmic bass component
of the music is sufficient to verify plainly audible sound. The noise
control officer need not determine the title, specific words, or the
artist performing the song.
SOUND-LEVEL METER
An instrument that complies with the A.N.S.I. Standard 1.4-1983
or the latest approved revision thereof.
SOUND LEVEL (NOISE LEVEL)
The weighted sound pressure level obtained by the use of
a sound-level meter and frequency weighting network, as specified
in A.N.S.I. specifications for sound-level meters (A.N.S.I. Standard
1.4-1983, or the latest approved revision thereof). If the frequency
weighting employed is not specified, the A-weighting shall apply.
SOUND PRESSURE LEVEL
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.
STEADY SOUND
A sound whose level remains essentially constant (+/-2 dBA)
during the period of the sound-level meter.
STRAIGHT PIPES
A motorcycle exhaust system that does not contain internal
baffles or that is intentionally designed to allow for the internal
baffling to be fully or partially removed or be interchangeable.
ZONING DISTRICTS
Those districts established in the Zoning Ordinance for the
Town of Lincoln and indicated on the Official Zoning Map.
It shall be unlawful for any person within the
Town of Lincoln to sell anything by shouting or by outcry within any
area zoned for residential uses. The provisions of this section shall
not be construed to prohibit the selling by shouting or outcry of
merchandise, food and beverages at licensed sporting events, parades,
fairs, circuses and other similar licensed public entertainment events.
It shall be unlawful for any person to use any
drum or other instrument or device of any kind for the purpose of
attracting attention by the creation of noise within the Town. This
section shall not apply to any person who is a participant in a school
band or duly licensed parade or who has otherwise been duly authorized
to engage in such conduct.
No person shall keep or maintain or permit the
keeping of, upon any premises owned, occupied or controlled by such
person, any animal or fowl otherwise permitted to be kept which, by
any sound, cry or behavior, shall cause annoyance or discomfort to
a reasonable person of normal sensitiveness in any residential neighborhood.
It shall be unlawful for any person to operate
any machinery, equipment, pump, fan, air-conditioning apparatus, or
similar mechanical device in any manner so as to create any noise
which would cause the noise level at the property line of any property
to exceed the ambient base noise level by more than five decibels.
Any person engaged in agricultural activities shall be exempt from
the provisions of this section.
It shall be unlawful for any person within any
residential zoning district to repair, rebuild, or test any motor
vehicle between the hours of 10:00 p.m. of one day and 7:00 a.m. of
the next day and at any time of day on a Sunday or legal holiday in
such a manner that a reasonable person of normal sensitiveness residing
in the area is caused discomfort or annoyance.
[Amended 9-15-2009 by Ord. No. 2009-12]
A. It shall
be unlawful for any person to operate any motor vehicle within the
Town in such a manner that a reasonable person of normal sensitiveness
residing in the area is caused discomfort or annoyance. This section
shall include, but not be limited to, screeching of tires, racing
of motors, and loud mufflers.
B. Any sound
or noise emanating from any vehicle(s) in motion, parked or standing
on streets, land parcels, or properties, public or private, within
the Town of Lincoln, audible to a person of reasonably sensitive hearing
at a distance of 200 feet from the its source, shall be deemed a prima
facie violation of this chapter.
C. Every
motor vehicle shall at all times be equipped with a muffler in good
working order and in constant operation to prevent excessive or unusual
noise and annoying smoke. No person shall use a muffler cutout, bypass,
or similar device upon a motor vehicle on a street or highway within
the Town of Lincoln. Any exhaust system shall be deemed defective
and in violation of this subsection if any changes, modifications,
alterations, deletions, or adjustments have been made which would
cause the exhaust system to generate a higher or louder sound level
than would be generated by the manufacturer’s original equipment.
Any violation resulting from excessive vehicle exhaust sound, where
it can be plainly determined through visible inspection that the exhaust
system has been modified in such a way to generate a higher sound
level than would be generated by the exhaust system customarily installed
by the manufacturer as original equipment, shall be fined an additional
$100 for the first offense, $150 for the second offense and $200 and
vehicle impoundment for the third offense.
D. Any operator
of a motor vehicle in violation of this section shall be fined as
follows:
(1) One
hundred dollars for the first offense. Applicable enhanced penalties
as specified shall be assessed in addition to this fine.
(2) Two
hundred dollars for the second offense. Applicable enhanced penalties
as specified shall be assessed in addition to this fine.
(3) Three
hundred dollars for the third and subsequent offense. Applicable enhanced
penalties as specified shall be assessed in addition to this fine.
No person shall vocalize at such excessive vocal
amplifications in a residential zoning district that is plainly audible
at a distance of 100 feet or more from the point of measurement for
a duration of longer than 10 seconds. The provisions of this section
include, but are not limited to, yelling, laughing, shouting, hooting,
hollering, screaming, or singing. The provisions of this section shall
apply to human vocalizations that either cross a real property boundary
or are within a noise-sensitive area. The prohibitions of this section
shall apply between the hours of 10:00 p.m. of one day and 7:00 a.m.
of the following day.
The following activities and operations shall
be exempt from the provisions of this chapter:
A. Safety signals, warning devices, or noise generated
by any authorized emergency vehicle when responding to an emergency
call.
B. Noises resulting from emergency work as defined in §
175-2.
C. Any aircraft operated in conformity with or pursuant
to federal law, federal air regulations, or air traffic control instruction.
D. Any noise resulting from activities of a temporary
duration permitted by law and for which a license or permit therefor
has been granted by the Town.
E. The emission of sound in the discharge of weapons
or in fireworks displays licensed by the Town from 7:00 a.m. to 10:00
p.m.
F. The emission of sound 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.
G. Noncommercial public speaking and public assembly
activities conducted on any private property, public space, or public
right-of-way.
H. The emission of sound in a residential area made in
the course of maintenance of a dwelling and/or property from 7:00
a.m. to 9:00 p.m.
I. Lawn care and grounds maintenance equipment in normal
daytime usage if used and maintained in accordance with the manufacturer's
specifications.
J. Those areas where 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 the Town.
The Chief of Police 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 chapter.
Any person found guilty of violating the provisions
of this chapter shall be given a written warning for the first violation.
Any person who is found guilty of a second violation shall be punished
by the imposition of a fine of $50. All subsequent convictions under
the provisions of this chapter shall be punished by the imposition
of a fine of $100 for each such conviction.
If any part of this chapter shall be held void
by a court of competent jurisdiction, such part shall be deemed to
be severable and the invalidity thereof shall not affect the remaining
parts or sections of this chapter.