Rhode Island § 45-2-57 - General Powers

§ 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.