§ 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.