[HISTORY: Adopted by the Town Council of
the Town of Barrington 6-30-2003 by Ord. No. 2003-2. Amendments noted
where applicable.]
The Council hereby finds and declares that:
A.
Excessive noise is a serious hazard to the public
health, safety and welfare and the quality of life in a close urban
society.
B.
A substantial body of science and technology exists
by which excessive noise can be substantially abated without serious
inconvenience to the public.
C.
Certain of the noise-producing equipment in this community
is essential to the quality of life and should be allowed to continue
at reasonable levels with responsible regulation.
D.
Each person has a right to an environment reasonably
free from noise which jeopardizes health or welfare or unnecessarily
degrades the quality of life.
E.
It is the declared, policy of the Town to promote
an environment free from excessive noise, otherwise properly called
"noise pollution," which 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 which
is not amenable to such controls and yet is essential to the quality
of life in the community.
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.
The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning. Definitions of technical terms used in this chapter, which
are not defined in this section, shall be obtained from publications
of acoustical terminology issued by ANSI or its successor body.
The sound level in decibels measured using the A-weight or
network as specified in ANSI Standard 1.4-1983 for sound level meters.
The level is designated "dB(A)" or "dBA."
The noise associated with a given environment, exclusive
of intruding noises from isolated identifiable sources.
The American National Standards Institute or its successor
body.
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.
The hours between 7:00 a.m. and 7:00 p.m.
A logarithmic and dimensional unit of measure often used
in describing 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).
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
A building or portion thereof regularly used for residential
occupancy.
Work made necessary to restore property to a safe condition
following a public calamity, work to restore public utilities, work
required to protect persons or property from imminent exposure to
danger, or work to restore emergency personnel and equipment to ready
condition.
Any tract or parcel of land owned by or under the lawful
control of one distinct 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.
A dwelling unit or school located in a commercial or industrial
zone.
Any sound which exceeds the dBA level for such sound set
out in this chapter.
A use of a structure, building or land which was established
as a permitted use and which has been lawfully continued pursuant
to the Zoning Code of the Town, but which is not a permitted use in
the zone in which it is now located.
Any individual, association, partnership or corporation,
including any officer, department, bureau, agency or instrumentality
of the United States, a state or political subdivision of a state,
including the Town.
Any sound for which the information content is unambiguously
communicated to the listener, such as, but not limited to, understandable
spoken speech, comprehension of whether a voice is raised or normal
or comprehensible rhythms.
Any street, avenue, highway, boulevard, alley, easement or
public space which is owned by or controlled by a public government
entity.
Any real property, including any structure thereon, which
is owned or controlled by a governmental entity.
Any sound which can be distinctly heard as a single pitch
or set of single pitches.
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intrabuilding real
property divisions.
The use or occupancy of the property which received the transmission
of sound.
Any property on which is located a building or structure
used wholly or partially for living or sleeping 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 1.4-1983, or the latest approved revision thereof). If the
frequency weighting employed is not indicated, the A-weighting shall
apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output or play meter, and weighting
networks used to measure sound pressure levels, which complies with
ANSI Standard 1.4-1983.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space,
as produced by sound energy.
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 (+/-2d)
during the period of the sound level meter.
The Town of Barrington, Rhode Island, or the area within
the territorial limits of the Town over which the Town has the jurisdiction
or control by virtue of ownership or any constitutional or Charter
provisions, or any law.
Any sound or noise conflicting with criteria, standards or
levels set forth in this chapter for permissible noises.
Include the words "intended, designed or arranged to be"
used or occupied.
Those districts established in Chapter 185 and indicated on the official Zoning Map.
A.
The penalty for violation for any section of this
article shall be up to the maximum allowed by state law for municipalities
to impose on ordinance violations as follows:
(1)
The first offense in a calendar year shall be punished
by the issuance of a written warning to cease and desist the violation.
B.
Each noise disturbance in a calendar year after the
issuance of a written warning or order shall be considered a separate
offense.
The provisions of this chapter shall not apply
to:
A.
The emission of sound for the purpose of alerting
persons to the existence of an emergency or resulting from any authorized
emergency vehicle when responding to an emergency call or acting in
time of emergency;
B.
The emission of sound in the performance of emergency
work;
C.
The unamplified human voice;
D.
Agricultural activities, excluding those involving
the ownership or possession of animals or birds;
E.
The emission of sound in the performance of military
and other homeland security operations, excluding travel by individuals
to or from such duty;
F.
The emission of sound in the discharge of weapons
or in fireworks displays licensed by the Town, from 7:00 a.m. to 11:00
p.m.;
G.
The emission of sound in the operation of snow removal
equipment; and
H.
The emission of sound relative to permitted construction,
demolition, and normal maintenance activities, such as the use of
power tools, lawn mowing, leaf blowing, tree cutting, and the like,
from 7:00 a.m. to 9:00 p.m.
Upon good cause shown by the owner, operator
or other responsible party of any excessive noise source, the Town
Manager or their designee shall have the power to grant a temporary
exemption from this chapter, conditioned upon the installation of
needed noise control equipment facilities, modifications or other
mitigation and noise abatement measures to achieve compliance with
this chapter, within a reasonable and sufficient period of time, but
in no event beyond the date of the next available Zoning Board meeting.
No person shall make, continue or cause to be
made or continued, except as permitted in this chapter, any noise
or sound which constitutes a noise disturbance. In the absence of
specific maximum noise levels, a noise level must exceed the ambient
noise level by five dBA or more, when measured at the nearest property
line or, in the case of a multifamily residential building, when measured
anywhere in one dwelling unit with respect to a noise emanating from
another dwelling unit or from common space in the same building, in
order to constitute a noise disturbance.
A.
General provision: tests for noise disturbances. The
factors which shall be considered in determining whether a noise disturbance
exists shall include, but shall not be limited to, the following:
(1)
The volume of the noise;
(2)
The intensity of the noise;
(3)
Whether the nature of the noise is usual or unusual;
(4)
Whether the origin of the noise is natural or unnatural;
(5)
The volume and intensity of the background noise,
if any;
(6)
The proximity of the noise to residential sleeping
facilities;
(7)
The nature and zoning of the area within which the
noise emanates;
(8)
The density of inhabitation of the area within which
the noise emanates;
(9)
The time of the day or night the noise occurs;
(10)
The duration of the noise;
(11)
Whether the noise is recurrent, intermittent or constant;
and
(12)
Whether the noise is produced by a commercial or noncommercial
activity.
B.
Classification of use districts. It is unlawful to
project a sound or noise, from one property into another, within the
boundary of a use district which exceeds either the limiting noise
spectra set forth in Table 1[1] below, or exceeds the ambient noise level by more than
three decibels.
(1)
Sound or noise projecting from one use district into
another use district with a different noise level limit shall not
exceed the limits of each district into which the noise is projected.
(2)
Measurement of noise:
(a)
The measurement of sound or noise shall be made
with a sound level meter and octave band analyzer meeting the standards
prescribed by the American Standards Association. The instruments
shall be maintained in calibration and good working order. Octave
band corrections may be employed in meeting the response specification.
A calibration check shall be made of the system at the time of any
noise measurement. Measurements recorded shall be taken so as to provide
a proper representation of the noise source. The microphone during
measurement shall be positioned so as not to create any unnatural
enhancement or diminution of the measured noise. A windscreen for
the microphone shall be used when required. 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.
(b)
The slow meter response of the noise level meter
shall be used in order to best determine that the average amplitude
has not exceeded the limiting noise spectra set forth in Table I.
(c)
The measurement shall be made at the property
line of the property on which such noise is generated, or perceived,
as appropriate five feet above ground.
(d)
In the case of an elevated or directional sound
or noise source, compliance with the noise limits is to be maintained
at any elevation at the boundary.
A.
With the exception of sound levels elsewhere specifically
authorized or allowed in this chapter or exempted by this chapter
or by variance, the following are the maximum permissible sound levels
allowed at or within the real property boundary of a receiving land
use:
|
Table I
| |||||
|---|---|---|---|---|---|
|
Zoning District Noise Standard
| |||||
|
Maximum Allowable Octave Band Sound Pressure
Levels
| |||||
|
Residential
|
Business
|
Waterfront Business
| |||
|
Octave Band Center Frequency
of all Measurement (HZ)
|
Daytime
|
All Other Times
|
Daytime
|
All Other Times
|
Any Time
|
|
31.5
|
76
|
68
|
79
|
72
|
79
|
|
63
|
75
|
67
|
78
|
71
|
78
|
|
125
|
69
|
61
|
73
|
65
|
73
|
|
250
|
62
|
52
|
68
|
57
|
68
|
|
500
|
56
|
46
|
62
|
51
|
62
|
|
1,000
|
50
|
40
|
56
|
45
|
56
|
|
2,000
|
45
|
33
|
51
|
39
|
51
|
|
4,000
|
40
|
28
|
47
|
34
|
47
|
|
8,000
|
38
|
26
|
44
|
32
|
44
|
|
Single number equivalent
|
60 dB(A)
|
50 dB(A)
|
65 dB(A)
|
55 dB(A)
|
65 dB(A)
|
A.
No person shall operate or permit the operation of
any tool or equipment in construction, drilling or demolition work
for public service utilities, which creates a noise disturbance across
a residential real property boundary.
A.
This chapter shall be implemented, administered and
enforced by the Town Police Department or any other Town department
or division designated by the Town Manager.
B.
The provisions of this chapter which prohibits a person
from making or continuing noise disturbances, or causing the noise
disturbance to be made or continued, across a real property boundary,
shall be enforced by the Police Department or any other Town department
or division as designated by the Town Manager.
C.
To implement and enforce this chapter, the Police
Department, or any duly designated Town agency, shall have the power
to:
(1)
Conduct research, monitoring and other studies related
to sound;
(2)
Conduct programs of public education regarding the
causes, effects and general methods of abatement and control of noise
as well as the actions prohibited by this chapter and the procedures
for reporting violations;
(3)
Coordinate the noise control activities of all Town
departments;
(4)
Review public and private projects, including those
subject to mandatory review or approval by other departments, for
compliance with this chapter, if these projects are likely to cause
sound in violation of this chapter;
(6)
Prepare recommendations for consideration by the Town
Council, after publication of notice and after a public hearing.
If any provision of any section of this chapter
shall be held invalid, the remainder of the sections and the application
of the provisions to persons or circumstances other than those as
to which it is held invalid, shall not be affected thereby.
