[HISTORY: Adopted by the Town Council of the Town of West
Greenwich 7-9-1969 by Ord. No.
19; amended in its entirety 5-10-2017. Subsequent amendments noted where applicable.]
A.
The Town Council finds that excessive noise is a serious hazard to
the public health, safety and welfare and detracts from the quality
of life. It is the policy of the Town to promote an environment free
from excessive noise that unnecessarily jeopardizes the public health,
safety 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 that
is essential to the quality of life in the community.
B.
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.
C.
This chapter shall apply to all noise originating within the limits
of the Town, except noise that is regulated by a state or federal
agency.
The following words, terms and phrases, when used in this chapter,
shall have the following meanings, except where the context clearly
indicates a different meaning. Definitions of technical terms used
in this chapter that are not defined in this section 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-weight or
network as specified in ANSI standard 1.4-1971 for sound level meters.
The level is designated dB(A) or dBA.
The sound level in decibels measured using the C-weight or
network as specified in ANSI standard 1.4-1971 for sound level meters.
The level is designated dB(C) or dBC.
Any and all activity necessary or incidental to the erection,
assembly, alteration, installation, repair of equipment of buildings,
roadways or utilities, including land clearing, grading, excavating
and filling.
A logarithmic and dimensionless unit of measure used to describe
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).
Work necessary to restore property to a safe condition following
a public calamity, work to restore public utility service, work required
to protect persons or property from imminent exposure to danger, or
work of a similar nature.
A tract or parcel of land owned by one distinct ownership.
Any motor-operated vehicle, excluding motorcycles, licensed
for use on public streets.
A 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.
A motor vehicle designed to travel over unimproved terrain
that the Rhode Island Division of Motor Vehicles has determined is
unsuitable for operation on public streets and cannot be registered
for such use. Golf carts, riding lawnmowers, or garden tractors not
registered as farm vehicles are not included in this definition. Minibikes
and all classes of all-terrain vehicles are included in this definition.
Any individual, association, partnership or corporation.
Any real property and any structure owned, used, or controlled
by a government entity, including public streets.
Any street, avenue, highway, boulevard, alley, easement or
public space owned by or controlled by a government entity.
The property that receives the transmission of sound.
Any property on which is located a structure used wholly
or partially for dwelling 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 ANSI specifications for sound level meters (ANSI
standard 1.4-1971, or the latest approved revision thereof). If the
frequency weighting employed is not indicated, the A-weighting shall
apply.
An instrument that includes a microphone, amplifier, RMS
detector, integrator or time average, output or play meter, and weighting
networks used to measure sound pressure levels, that complies with
ANSI standard 1.4-1971 or the latest approved revision thereof.
The Town of West Greenwich or the area within the territorial
limits of the Town.
The districts established in Chapter 400, Zoning, of the Town Code and shown on the Official Zoning Map.
No person shall make, or cause to be made, a sound that projects
from one lot into another lot within the same zoning district if the
sound exceeds the levels in Table 1. Sound projecting from a lot to
another lot in a different zoning district shall not exceed the limits
in the receiving zoning district. In the case of sound generating
from a multifamily dwelling structure, the sound is measured anywhere
inside a receiving dwelling unit in the same building.
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Table I. Maximum Permitted Sound Levels
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Industrial A and B Zones
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Highway Business Zone
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Neighbor- hood Business Zone
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Corporate Zoning District
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Senior Residential District
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RFR-1 and RDR-2 acre min. Zone
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Exit 7 SMD Zone
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Open Space/ Public Land
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URI W. Alton Jones Campus
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Any time: 80
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Any time: 80
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7:00 a.m. to 10:00 p.m.: 65
All other times: 60
|
7:00 a.m. to 10:00 p.m.: 65
All other times: 70
|
7:00 a.m. to 10:00 p.m.: 65
All other times: 60
|
Any time: 80
|
Any time: 80
|
Any time: 80
|
7:00 a.m. to 10:00 p.m.: 65
All other times: 60
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A.
Sound shall be measured with a sound level meter and octave band
analyzer meeting the standards prescribed by the American Standards
Institute. The instruments shall be in calibration and good working
order. Octave band corrections may be employed to meet the response
specification. A calibration check of the system shall be made at
the time the sound or noise is measured.
B.
Measurements shall be made in a manner that provides an accurate
representation of the sound or noise. During measurement, the microphone
shall be positioned so as not to create any unnatural enhancement
or diminution of the measured sound noise. A windscreen for the microphone
shall be used when required by the manufacturer's specifications
for operation.
C.
Traffic, aircraft and other transportation noise sources and other
background noises shall not be considered in taking measurements except
where such background noise interferes with the primary noise being
measured.
D.
The measurement shall be made on the receiving property.
The following sounds shall be permitted notwithstanding the
maximum permitted sound levels in this chapter:
A.
Sound intended to alert persons to the existence of an emergency.
B.
Sound generated by a fire, burglar or civil defense alarm, siren,
whistle, or other stationary emergency signaling device, provided
that the sound is generated in an emergency or for testing. Testing
shall take place between 8:00 a.m. and 9:00 p.m. and shall use the
minimum cycle test time.
C.
Sound made by an emergency vehicle when it is responding to an emergency
call or acting in time of emergency.
D.
Sound generated during emergency work.
E.
Sounds generating from agricultural operations, as that term is defined
in Title 2, Chapter 23 of the Rhode Island General Laws.
F.
Sound generated during military operations, excluding travel by individuals
to or from military duty.
G.
Sound caused by discharge of firearms for a lawful purpose.
H.
Sound generated between 7:00 a.m. and 11:00 p.m. by licensed fireworks
displays.
I.
Sound generated by the operation of snow removal equipment.
J.
Sound created by permitted construction, demolition and routine maintenance
activities, provided that such sound is not generated on Sundays or
legal holidays and is not generated earlier than 7:00 a.m. or later
than 7:00 p.m.
K.
Sound generated by stationary nonemergency signaling devices, including
bells, chimes, sirens, or whistles for less than one minute in each
hour.
L.
Sound generated by bells or other devices used at places of religious
worship.
The following activities are prohibited when generating noise
across a real property boundary that exceeds the limits imposed by
this chapter:
A.
Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle
or motorboat.
B.
The sounding of any horn or signaling device on any automobile, motorcycle,
or other vehicle, except as a danger warning.
C.
Operation of a motor vehicle or an off-road recreational vehicle,
or permitting the operation of one or more motor vehicles or off-road
recreational vehicles individually or in a group or in an organized
racing event, on private property.
D.
Using or operating, or permitting to be used or operated, any radio-receiving
device, musical instrument, phonograph, loudspeaker, sound amplifier,
or other device for the producing or reproducing of sound broadcast
in any public space for the purpose of commercial advertising or attracting
the attention of the public to any building or structure.
E.
Shouting, yelling, hooting, whistling, or singing in any public space
between 11:00 p.m. and 7:00 a.m.
No person shall operate the engine of a motor vehicle for a
consecutive period longer than 20 minutes while the vehicle is standing
and located within 150 feet of property zoned and used for residential
purposes if the sound level emitted by the motor vehicle exceeds the
maximum permissible sound levels in Table II, unless the vehicle is
standing within a completely enclosed structure. This section shall
not apply to delivery or pick-up vehicles that require the operation
of the engine to unload or load their vending loads.
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Table II
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|---|---|
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Any motor vehicle with a manufacturer's gross vehicle weight
rating of 10,000 pounds or more and any combination of vehicles towed
by such motor vehicle
|
88 dB(A)
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|
Any motorcycle
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82 dB(A)
|
|
Any other motor vehicle and any combination of motor vehicles
towed by such motor vehicle
|
76 dB(A)
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A.
The Town Council shall have the authority to grant sound permits
that allow an applicant to exceed the sound limits contained in this
chapter, shall have the authority to modify or revoke a permit previously
granted, and shall have the authority to place conditions on a permit
to minimize adverse effects on the community or the surrounding neighborhood,
including but not limited to conditions concerning the time of day,
location, or duration of the sound.
B.
Application for a sound permit shall be made to the Town Clerk's
office on a form provided for that purpose. An applicant shall pay
the fee set from time to time by the Town Council. The application
shall contain information demonstrating that bringing the source of
sound or activity for which the sound permit is sought into compliance
with this chapter would constitute an unreasonable hardship on the
applicant, on the community, or on other persons.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The Town Council shall conduct a public hearing on the application.
The applicant shall mail notice of the public hearing, by regular
mail, to the owners of all real property within 200 feet of the lot
on which the sound-generating activity will take place. The Town Clerk's
office shall provide the form of notice. Notice of the public hearing
shall appear in a newspaper of general circulation in the Town at
least seven days before the date of the public hearing. The applicant
shall bear the cost of notice and advertising.
D.
When determining whether to grant or deny an application, or revoke
a permit previously granted, the Town Council shall balance the hardship
to the applicant, the community and other persons if the sound permit
is not granted against the adverse impact on the health, safety and
welfare of persons who would be affected, and any other adverse impact,
if the sound permit is granted. The Town Council may grant the permit
if it finds:
(1)
That additional time is necessary for the applicant to alter or modify
his activity or operation to comply with this section; or
(2)
The noise-generating activity will be of temporary duration, and
cannot be done in a manner that would comply with this chapter; and
(3)
That no other reasonable alternative is available to the applicant.
E.
The decision of the Town Council shall be in writing and a copy shall
be mailed to the applicant. Failure to comply with any condition placed
on the sound permit shall terminate the permit and subject the permit
holder to prosecution for violation of this chapter.
F.
The Town Council may modify or revoke a permit previously granted
only after a public hearing. The Town Clerk shall mail notice of the
public hearing to the owners of property within 200 feet of the property
for which the permit was granted, and shall advertise the public hearing
in a newspaper of general circulation in the Town at least seven days
before the date of the public hearing. A decision to modify or revoke
a permit shall be in writing and a copy shall be mailed to the permit
holder.
A.
The Police Department shall enforce the provisions of this chapter.
Any person, including a police officer or the zoning enforcement officer,
may be a complainant for the purposes of instituting an action for
any violation of this chapter.
B.
Whenever a violation of this chapter occurs and two or more persons
are present in or on the property from which the sound emanates, and
it is impossible to determine which person is the violator, the owner
of the property, if present, shall be presumed responsible for the
violation. In the absence of the owner, the tenant of the property
or any person present with the consent of the owner shall be held
responsible for the violation.
Any person found to be in violation of this chapter shall be
punished as follows:
A.
The first offense shall be punished by a fine of $50.
B.
The second offense shall be punished by a fine of $100.
C.
The third offense and all subsequent offenses during the same calendar
year shall be punished by a fine of $200.
D.
Any entertainment license holder convicted of a fourth offense in
one calendar year shall suffer a three-month suspension of said entertainment
license.
