[HISTORY: Adopted by the Town Council of
the Town of Lincoln 9-18-2001 by Ord. No. 01-8 (Ch.
13, Art. I, § 13-9, of the 1990 Code of Ordinances); amended
in its entirety 11-16-2004 by Ord. No. 04-11. Subsequent amendments
noted where applicable.]
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:
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.
The American National Standards Institute or its successor
body.
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.
Sound-deadening material that sits inside a muffler and quiets
the exhaust noise.
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.
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.
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.
A building or portion thereof regularly used for residential
occupancy.
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.
The reciprocal of the primitive period. The unit is the hertz
and shall be specified.
The complete sequence of values of a periodic quantity which
occurs during a period.
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.
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.
A unit of pressure commonly used in acoustics and is equal
to one dyne per square centimeter.
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.
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."
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.
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.
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.
Any motor vehicle, including road vehicles used off public
roads for recreational purposes.
Oscillating quantity, the values of which recur for equal
increments of time.
The smallest increment of time for which the function repeats
itself.
An individual, firm, association, copartnership, joint venture,
corporation or any legal entity, public or private in nature.
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 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.
The use or occupancy of the property, or the actual real
property.
An instrument that complies with the A.N.S.I. Standard 1.4-1983
or the latest approved revision thereof.
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.
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.
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.
Those districts established in the Zoning Ordinance for the
Town of Lincoln[1] and indicated on the Official Zoning Map.
A.
Any sound level measurement made pursuant to the provisions
of this chapter shall be measured with a sound-level meter using the
"A-weighting."
B.
The measurements of sound, if made with a sound-level
meter, shall be made with an instrument in good operating condition,
meeting the requirements of a Type I or Type II meter, as specified
in the A.N.S.I. Standard 1.4-1983, or the latest approved revision
thereof. For the purposes of this chapter, a sound-level meter shall
contain both a fast and slow meter response capability.
C.
If the measurements are carried out with other instruments,
the procedure shall be carried out in such a manner that the overall
accuracy is at least that called for in the A.N.S.I. Standard 1.4-1983,
or the latest approved revision thereof, for Type II instruments.
D.
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 as specified in
this chapter.
A.
Where the ambient noise level is less than as designated
in this section, the respective noise level in this section shall
be the ambient base level for the purpose of this chapter.
|
Zoning District
|
Time
|
Sound Limit
(dBA)
| ||
|---|---|---|---|---|
|
RA, RS, RL and RG
|
10:00 p.m. to 7:00 a.m.
|
50
| ||
|
RA, RS, RL and RG
|
7:00 a.m. to 10:00 p.m.
|
60
| ||
|
BL, ML, MG
|
Anytime
|
70
| ||
|
CR1, CR2
|
Anytime
|
75
| ||
|
Other:
| ||||
|
Noise sensitive areas
|
7:00 a.m. to 10:00 p.m.
|
65
| ||
|
10:00 p.m. to 7:00 a.m.
|
55
| |||
A.
Any noise level exceeding the ambient base level as defined in § 175-4 anywhere along the real property, or property lines of any property, or if a condominium or apartment building, by more than five decibels, shall be deemed prima facie evidence of a violation of the provisions of this chapter.
B.
It shall be deemed to be prima facie evidence of a
violation of the provisions of this chapter if the operation of any
such device is in such a manner as to be plainly audible at a distance
of 50 feet from any building, structure or motor vehicle in which
it is located.
A.
It shall be unlawful for any person within any residential, business or commercial zone of the Town of Lincoln to use or operate any stereo, radio, musical instrument, television or other noisemaking device for the production or reproduction of sound between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day in such a manner as to disturb the peace, quiet and comfort of neighboring residents. For the purpose of determining compliance with this provision, the sound level limits set out in § 175-4 shall be applied at or beyond the property line of the source of the sound.
B.
It shall be unlawful for any person on any street,
sidewalk, public right-of-way or public place within the Town of Lincoln
to use or operate any stereo, radio, musical instrument or other noisemaking
devices for the production or reproduction of sound in such a manner
as to disturb the peace, quiet and comfort of neighboring residents,
whose normal sense of hearing is disturbed due to the excessive noise
being produced. This subsection includes, but is not limited to, excessive
noise emanating from within a motor vehicle.
C.
Any person, including a police officer, may be a complainant
for the purpose of instituting action for any violation of this chapter.
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.
A.
Areas within 50 feet of any property line of all schools,
hospitals and churches within the Town are deemed to be "noise-sensitive
areas," provided, however, that the provisions of this section shall
be applicable only in such areas as are openly and conspicuously posted
with identifying signs.
B.
It shall be unlawful for any person to create any
noise on any street, sidewalk, public right-of-way, or public place
adjacent to any "noise-sensitive area" while the purposes for which
such locations usually operate or function which unreasonably interferes
with the workings of such institutions or which unduly annoys or disturbs
patients in a hospital or nursing home facility.
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.
A.
Is shall be unlawful for any person to operate equipment
or perform any outside demolition, construction or repair work on
buildings, structures or projects or to operate any pile driver, power
shovel, pneumatic hammer, derrick, power hoist or any other type of
heavy construction equipment or device between the hours of 10:00
p.m. of one day and 7:00 a.m. of the next day unless beforehand a
special permit therefor has been duly obtained from the Town Council.
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.
A.
The Town Council enacts this section for the sole
purpose of promoting and securing the public health, comfort, safety
and welfare of its citizens. The Town Council hereby enacts this policy
of reasonable regulation of such equipment to protect the correlative
rights of the citizens of this community to privacy and freedom from
public nuisance as a result of loud noise and the rights to freedom
of speech and assembly as guaranteed by the constitutions of the United
States and the State of Rhode Island.
B.
It shall be unlawful for any person, other than personnel of law enforcement, fire, rescue, or other governmental departments or agencies, to install, use, or operate within the Town a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures or the transmission of music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park or place or public property without first filing a registration statement and obtaining approval thereof as set out in Subsection C of this section.
C.
Filing and approval of registration statements.
(1)
Filing. Every user of sound-amplifying equipment shall
file a registration statement with the Director of Public Works or
his designee, not less than three days prior to the date on which
the sound-amplifying equipment is intended to be used, which statement
shall contain the following information:
(a)
The name, address and telephone number of both
the owner and proposed user of the sound-amplifying equipment.
(b)
The maximum sound-producing power of the sound-amplifying
equipment which shall include, at a minimum, the wattage capability
of the equipment, the maximum volume of sound, stated in decibels,
which will be produced, and the approximate distance from the source
of the sound produced from which the sound will be audible.
(c)
The registration and motor number if a sound
truck is to be used.
(d)
A general description of the sound-amplifying
equipment which is to be used.
(e)
Whether the sound amplifying equipment is to
be used for commercial or noncommercial purposes.
(2)
Approval. The Director or Public Works or his designee
shall return to the applicant an approved certified copy of the registration
statement unless he determines that:
D.
Disapproval. In the event that the registration statement
is disapproved, the Director of Public Works or his designee shall
endorse upon the statement his or her reasons for disapproval and
return it forthwith to the applicant.
E.
Appeals. Any person aggrieved by the disapproval of
the registration statement may appeal the decision to the Town Council.
F.
Fee. At the time of the filing of the registration
statement, a fee in the amount $10 per day, or any portion thereof,
shall be paid to the Town if the loudspeaker or sound-amplifying equipment
is to be used for commercial purposes. No fee shall be required for
noncommercial purposes or for those purposes for which the Town has
issued a business license.
G.
Regulations. The commercial and noncommercial use
of sound-amplifying equipment shall be subject to the following regulations:
(1)
The only sounds permitted to be transmitted shall
be either music or human speech, or both.
(2)
The operation of sound-amplifying equipment shall
occur between the hours of 10:00 a.m. and 10:00 p.m. each day, except
Sundays and legal holidays. The use of such equipment for commercial
purposes shall be prohibited on Sundays and legal holidays. The use
of such equipment for noncommercial purposes shall be permitted on
Sundays and legal holidays between the hours of 10:00 a.m. and 7:00
p.m.
(3)
The sound level produced by such sound-amplifying
equipment shall not exceed 15 decibels above the ambient base noise
level.
(4)
Notwithstanding the provisions of this section, sound-amplifying
equipment shall not be used within 200 feet of noise-sensitive areas
as defined in § 172-2 hereof.
(5)
In places of public entertainment, no person shall
operate, play or permit the operation or playing of any radio, television,
phonograph, musical instrument, sound amplifier or similar mechanical
or electronic device which produces, reproduces or amplifies sound
at a level greater than 90 decibels as read by the slow response sound-level
meter, unless a conspicuous and legible sign is located outside such
place, near or at each public entrance, stating: "WARNING: Sound levels
within may cause permanent hearing impairment."
(6)
In all events the volume of sound shall be so controlled
that it will not be unreasonably loud, raucous, jarring, disturbing
or a nuisance to reasonable persons of normal sensitiveness within
the area of audibility.
A.
Notwithstanding any other provision 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 of quiet of any neighborhood
or which causes discomfort or annoyance to any reasonable person of
normal sensitiveness residing in the area.
B.
The absence of any evidence derived from the use of
a sound-level meter shall not preclude a conviction under the provisions
of this section.
C.
The standards which shall be considered in determining
whether a violation of the provisions of this section exist shall
include but not be limited to the level of the noise; the intensity
of the noise; whether the nature of the noise is usual or unusual;
whether the origin of the noise is natural or unnatural; the level
and intensity of the background noise, if any; the proximity of the
noise to residential sleeping facilities; the nature and zoning of
the area from within which the noise emanates; the density of the
habitation of the areas from within which the noise emanates; the
time of day or night the noise occurs; the duration of the noise;
whether the noise is recurrent, intermittent or constant; whether
the noise is produced by commercial or noncommercial activity.
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.
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.
A.
The Town 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 the Town Clerk. The application shall
contain information that demonstrates that bringing the source of
sound or activity for which the sound variance is requested 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 a fee of $50
per day, if granted and, whether granted or denied, an amount sufficient
to cover the costs of advertising and notification to all residents
and property owners within 200 feet of the proposed noise source.
Advertisement shall be made at least once, at a minimum of 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.
It shall be the responsibility of the applicant to
provide the Town Clerk with:
(1)
The names and mailing addresses of the persons to
be notified under the provisions of this section; and
(2)
A facsimile, to appropriate scale, of the current
tax assessor's map for the subject area of the request for sound variance
graphically showing the various lots within the two-hundred-foot radius
for purposes of notification under this section.
(3)
In determining whether to grant the requested sound
variance, the Town Council shall balance the hardship to the applicant,
the community and other persons if the sound variance is not granted
against the adverse impact on the health, safety, and welfare of persons
affected, the adverse impact on the property or properties affected,
and any other adverse impact if the sound variance is granted. The
burden of providing evidence, either testimonial or documentary, in
support of the requested variance shall be upon the applicant. Any
persons supporting or opposing the requested variance may provide
the Town Council with any relevant, noncumulative evidence in support
or opposition to the request of the applicant. In granting or denying
the variance request, or in revoking a previously granted variance,
the Town Council shall place on public file a copy of a written decision
that states the reasons for the granting, denial, or revocation of
a sound variance.
(4)
Sound variances shall be granted by written notice
to the applicant containing any conditions attached to the grant of
the variance by the Town Council. Noncompliance with the provisions
of any conditions of the grant of the variance shall terminate the
variance and subject the person holding the variance to those provisions
of this chapter regulating the source of sound or activity as if the
variance had not been granted.
(5)
The modification of a previously granted sound variance
shall be made upon the identical procedure set out in this section
for an original application for sound variance.
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.
