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.
A-SCALE (DBA)
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.
C-SCALE (DBC)
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.
CONSTRUCTION
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.
DECIBEL (DB)
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).
EMERGENCY WORK
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.
LOT
A tract or parcel of land owned by one distinct ownership.
MOTOR VEHICLE
Any motor-operated vehicle, excluding motorcycles, licensed
for use on public streets.
MOTORCYCLE
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.
OFF-ROAD RECREATIONAL VEHICLE
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.
PERSON
Any individual, association, partnership or corporation.
PUBLIC SPACE
Any real property and any structure owned, used, or controlled
by a government entity, including public streets.
PUBLIC STREET
Any street, avenue, highway, boulevard, alley, easement or
public space owned by or controlled by a government entity.
RECEIVING LOT
The property that receives the transmission of sound.
RESIDENTIAL PROPERTY
Any property on which is located a structure used wholly
or partially for dwelling purposes.
SOUND
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.
SOUND LEVEL
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.
SOUND LEVEL METER
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.
TOWN
The Town of West Greenwich or the area within the territorial
limits of the Town.
ZONING DISTRICTS
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.
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
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7:00 a.m. to 10:00 p.m.: 65
All other times: 70
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7:00 a.m. to 10:00 p.m.: 65
All other times: 60
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Any time: 80
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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
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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.
Table II
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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
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88 dB(A)
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Any motorcycle
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82 dB(A)
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Any other motor vehicle and any combination of motor vehicles
towed by such motor vehicle
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76 dB(A)
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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.