[HISTORY: Adopted by the Town Council of
the Town of Smithfield 10-20-2009 by Ord. No. 2009-19.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 252,
Noise, comprised of Art. I, Sound Trucks, adopted 11-25-1986 (Ch.
135, Art. II, of the 1985 Code of Ordinances), as amended.
For the purposes of this chapter, the following terms shall
have the meanings respectively ascribed herein:
Chapter 252 of the Smithfield Code of Ordinances.
A-weighted sound level in decibels, as measured by a general
purpose sound level meter complying with the provisions of the American
National Standard Institute Specifications for Sound Level Meter (ANSI
SIR 19711), properly calibrated and operated on the "A" weighting
network.
Either of the following:
Any machine or device utilized out of doors for the amplification
of the human voice, music or any other sound. "Sound-amplifying equipment,"
as used herein, shall not be construed as including standard automobile
radios when used and heard only by the occupants of the vehicle in
which installed, or warning devices on authorized emergency vehicles,
or horns or other warning devices on other vehicles used only for
traffic safety purposes.
Any vehicle having sound-amplifying equipment mounted thereon
or attached thereto.
No person shall use, or cause to be used, a sound truck or sound-amplifying
equipment in the Town before filing a registration statement, in writing,
with the Chief of Police.
A registration statement for the use of a sound truck or sound-amplifying
equipment shall be filed in duplicate and shall state the following:
A.
Name and home address of the applicant.
B.
Address of place of business of applicant.
C.
Registration plate number of the sound truck to be used by the applicant.
D.
Name and address of the person who owns the sound truck or sound-amplifying
equipment.
E.
Name and address of the person having direct charge of the sound
truck or sound-amplifying equipment.
F.
Names and addresses of all persons who will use or operate the sound
truck or sound-amplifying equipment.
G.
The purpose for which the sound truck or sound-amplifying equipment
will be used.
H.
A general statement as to the section or sections of the Town in
which the sound truck or sound-amplifying equipment will be used.
I.
The proposed hours of operation of the sound truck or sound-amplifying
equipment.
J.
The number of days of proposed operation of the sound truck or sound-amplifying
equipment.
K.
A general description of the sound-amplifying equipment which is
to be used.
All persons using or causing to be used sound trucks or sound-amplifying
equipment shall amend any registration statement filed pursuant to
this chapter within 48 hours after any change in the information therein
furnished.
The Police Chief shall return to each applicant one copy of
the registration statement. Such copy of the applicant's shall
be in the possession of any person operating the sound truck or sound-amplifying
equipment, and such copy shall be promptly displayed and shown to
any police officer of the Town upon request.
Use of sound trucks and sound-amplifying equipment in the Town
shall be subject to the following regulations:
A.
The only sounds permitted shall be music or human speech.
B.
No operation shall be permitted between the hours of 9:00 p.m. and
9:00 a.m., provided that on Sundays and legal holidays operations
shall be permitted only between the hours of 12:00 noon and 6:00 p.m.
C.
Sound-amplifying equipment shall not be operated from a sound truck
unless the truck is operated at a speed of at least 10 miles per hour,
except when used for public functions or for public addresses or when
such truck is stopped or impeded by traffic. Where stopped by traffic,
the sound-amplifying equipment shall not be operated for longer than
one minute at each stop.
D.
Sound shall not be issued within 100 yards of schools, churches,
synagogues or courthouses, except at school- or Town-sanctioned athletic
events.
E.
No sound truck with its amplifying device in operation shall be operated
on any street designated by the Chief of Police as a congested traffic
area.
F.
The human speech and music amplified shall not be obscene or slanderous.
G.
The volume of sound shall be controlled so that it will comply with
the requirements of this chapter.
H.
No sound-amplifying equipment shall be operated with an excess of
15 watts of power in the last stage of amplification.
I.
The Town Council may impose special restrictions on sound-amplifying
equipment that is proposed for use in conjunction with a Town license
issued for a special event, entertainment, show or exhibition.
It shall be unlawful for any person or persons to create, assist
in creating, make or cause to be made any excessive noise in the Town
of Smithfield. The fact that the noise exceeds the sound level standards,
as specified herein, shall be deemed to be prima facie evidence of
a violation of the provisions of this chapter.
It shall be unlawful for any person or persons having charge
or ownership of any building, dwelling, structure, premises, shelter
or place in the Town of Smithfield to suffer, allow or permit any
excessive noise. The fact that the noise exceeds the sound level standards,
as specified herein, shall be deemed to be prima facie evidence of
a violation of the provisions of this Chapter.
The provisions of this chapter shall not apply to:
A.
Any public utility company, police department, authorized police
emergency vehicles, fire department, authorized fire emergency vehicles,
any public works department or any federal, state or municipal agency
or department.
B.
Any alarm, siren or mechanism used for the purpose of alerting persons
to the existence of an emergency or attempted crime. However, any
such alarm, siren or mechanism shall be adjusted so that an alarm
signal shall be audible for no longer than 15 minutes after being
activated.
C.
Any lawfully permitted parade, including any spectators and participants
on the parade route during said lawful parade.
D.
Any patrons and participants using cannons and gunfire during historical
battle reenactments for which a pyrotechnics permit is required and
obtained from the State Fire Marshal or Fire Chief.
E.
Any Town-sanctioned fireworks display.
F.
Any lawful outdoor event, race, festival, fiesta, carnival, sporting
event, entertainment or concert that is in full compliance with a
permit issued by the Town, provided that the noise created is limited
to the days, hours, type and volume (which may be less than, but may
not exceed, 90 decibels) set forth in such permit.
G.
Sound produced by church bells or church chimes when used as part
of religious observances or services.
H.
Sound produced by activities lawfully conducted in public parks,
public playgrounds and public or private schools, including but not
limited to, school athletic, band and school entertainment practice
or events.
I.
Any activity which has been specifically licensed or permitted by
a Town department, board or commission, provided that the noise created
is limited to the days, hours, type and volume (which may be less
than, but may not exceed, 90 decibels) set forth in such license or
permit.
J.
Snow removal performed by snow blowers, snow throwers or snow plows
when properly outfitted with a muffler.
K.
Lawn care equipment, such as: leaf blowers, lawn trimmers, lawn mowers,
chain saws, and the like operated between the hours of 7:00 a.m. and
the later of 8:00 p.m. or sunset, or in the case of emergency.
[Amended 10-2-2012 by Ord. No. 2012-09]
L.
Agricultural activities.
M.
The emission of sound in the performance of military operations,
excluding travel by individuals to or from military duty.
N.
The emission of sound relative to lawfully permitted construction,
demolition and normal maintenance activities, including rock crushing
activities authorized by a Town board or commission, provided that
such activities do not occur between the hours of 8:00 p.m. and 7:00
a.m., and provided further that the volume of such sound does not
exceed ninety (90) decibels.
O.
The emission of sound from the North Central Airport.
P.
Any activity to the extent regulation thereof has been preempted
by state or federal law.
A.
Any person violating any provision of this chapter shall be punished
by a fine of up to $100 for each violation.
B.
The imposition of a fine shall not preclude the Town from seeking
or obtaining any or all other legal and equitable remedies to prevent
or remove a violation of this chapter, including but not limited to
an injunction.
If any provision of this chapter shall be held to be invalid
by a court of competent jurisdiction, then such provision shall be
considered separate and apart from the remaining provisions of this
chapter, which shall remain in full force and effect.
