Chapter 284
2008 -- S 3011
Enacted 07/08/08
A N A C T
RELATING
TO TOWNS AND CITIES -- GENERAL POWERS
Introduced
By: Senator Kevin A. Breene
Date
Introduced: May 08, 2008
It is enacted by the General Assembly as
follows:
SECTION 1. Chapter
45-2 of the General Laws entitled "General Powers" is hereby
amended by adding thereto the following section:
45-2-57.
Town of Richmond -- Noise pollution. – For the purpose of promoting
the
public health, safety and general welfare, the
town council of the town of Richmond shall have
the power in accordance with the provisions of
this section to establish by ordinance standards for
the control of noise originating within the
limits of the town. Without limiting the generality of
the aforementioned, such ordinance shall:
(1) Establish
standards for the control of noise originating within the limits of the town
by setting maximum permissible sound levels for
various activities and noise sources in order to
protect the public health, safety and general
welfare, provided that the regulation of noise from
any particular source has not been preempted by
state or federal law or regulation;
(2) Regulate
noise pollution based on factors including but not limited to the volume 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 volume and intensity of the background noise,
if any, the proximity of the noise to residential
dwellings, the location from which the noise
emanates, the density of inhabitation of the
area 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, and whether the noise is produced by a
commercial or noncommercial activity;
(3) Establish
use districts for regulation of noise, establish maximum permissible sound
levels according to receiving land use, and
provide that 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;
(4) Include
definitions of words, terms and phrases necessary for the enforcement of the
ordinance, and provide that definitions of
technical terms not defined in the ordinance shall be
obtained from publications of acoustical
terminology issued by American National Standards
Institute or its successor body;
(5) Provide
that limitations shall not apply to sound from certain sources, including but
not limited to emergency vehicles and snow
removal equipment;
(6) Provide for
enforcement by police department and/or by the town solicitor, who may
institute an action for injunctive relief
together with an action for penalties in the case of
continuing violations;
(7) Provide the
town council with the authority to grant sound variances after a public
hearing, establish criteria for the granting of
such variances and providing the town council with
the authority to impose conditions on such
variances; and
(8) Establish
penalties for violation consistent with those established by state law for
violation of municipal ordinances, provide the
police department with the authority to issue
warnings and cease and desist orders, and
provide that each day of noise disturbance shall be
considered a separate offense.
SECTION 2. This
act shall take effect upon passage.
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LC02788
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