§ 45-2-57 - Town of Richmond – Noise pollution.
SECTION 45-2-57
§ 45-2-57 Town of Richmond – Noisepollution. – For the purpose of promoting the public health, safety and general welfare, thetown council of the town of Richmond shall have the power in accordance withthe provisions of this section to establish by ordinance standards for thecontrol of noise originating within the limits of the town. Without limitingthe generality of the aforementioned, such ordinance shall:
(1) Establish standards for the control of noise originatingwithin the limits of the town by setting maximum permissible sound levels forvarious activities and noise sources in order to protect the public health,safety and general welfare, provided that the regulation of noise from anyparticular source has not been preempted by state or federal law or regulation;
(2) Regulate noise pollution based on factors including butnot limited to the volume of the noise, the intensity of the noise, whether thenature of the noise is usual or unusual, whether the origin of the noise isnatural or unnatural, the volume and intensity of the background noise, if any,the proximity of the noise to residential dwellings, the location from whichthe noise emanates, the density of inhabitation of the area within which thenoise emanates, the time of day or night the noise occurs, the duration of thenoise, whether the noise is recurrent, intermittent or constant, and whetherthe 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, andprovide that measurement of sound or noise shall be made with a sound levelmeter and octave band analyzer meeting the standards prescribed by the AmericanStandards Association;
(4) Include definitions of words, terms and phrases necessaryfor the enforcement of the ordinance, and provide that definitions of technicalterms not defined in the ordinance shall be obtained from publications ofacoustical terminology issued by American National Standards Institute or itssuccessor body;
(5) Provide that limitations shall not apply to sound fromcertain sources, including but not limited to emergency vehicles and snowremoval equipment;
(6) Provide for enforcement by police department and/or bythe town solicitor, who may institute an action for injunctive relief togetherwith an action for penalties in the case of continuing violations;
(7) Provide the town council with the authority to grantsound variances after a public hearing, establish criteria for the granting ofsuch variances and providing the town council with the authority to imposeconditions on such variances; and
(8) Establish penalties for violation consistent with thoseestablished by state law for violation of municipal ordinances, provide thepolice department with the authority to issue warnings and cease and desistorders, and provide that each day of noise disturbance shall be considered aseparate offense.