§ 12-1. Definitions

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 herein defined, shall be obtained from publications of acoustical terminology issued by the American National Standards Institute (ANSI) or its successor body.

A-scale (dB(A)) means the sound level in decibels measured using the A-weighted network as specified in ANSI S1.4-1971 for sound level meters. The level is designated dB(A) or dBA.

Ambient sound level means the noise associated with a given environment, exclusive of a particular noise being tested, being usually a composite of sounds from many sources near and far, exclusive of intruding noises from isolated identifiable sources.

Construction means any and all activity necessary or incidental to the erection, assembling, altering, installing, repair or equipping of buildings, roadways, or utilities, including land clearing, grading, excavating and filling.

Decibel (dB) means a logarithmic and dimensionless 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).

Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.

Dwelling unit means a building or portion thereof regularly used for residential occupancy.

Dynamic braking device means a device used primarily on trucks and buses to convert the motor from an internal combustion engine to an air compressor for the purpose of vehicle braking without the use of wheel brakes.

Emergency work means work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect persons or property from imminent exposure to danger.

Impulsive sound means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop-forge impacts and the discharge of firearms.

Lot means any area, tract or parcel or land owned by or under the lawful control of one distinct ownership. Abutting platted lots under the same 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.

Mixed use means a dwelling unit or school located in a commercial or industrial zone.

Motorboat. (See Watercraft.)

Motorcycle means any motor vehicle having a saddle, or seat, for the use of the rider and designed to travel on not more than three wheels in contact with the ground. The term shall include a motorized bicycles, motorscooters, mopeds and the like.

Motor vehicle means any motor-operated vehicle licensed for use on the public highways, including motorcycle, motorized bicycle and motorized tricycle.

Narrow band sound means sound characterized by normal listeners as having a predominant pitch or series of pitches; sound described by such listeners as a whine, hiss, toot, or wail; or a sound whose frequencies occupy an octave band or less.

Noise control office means the town department having responsibility for the enforcement of this chapter.

Noise disturbance means any sound which exceeds the dBA level for such sound set out in this chapter.

Noise sensitive activities means activities which should be conducted under conditions of exceptional quiet, including but not limited to operation of schools, libraries open to the public, churches, hospitals, medical facilities and nursing homes.

Noise sensitive area means any area posted with noise sensitive signs and/or subject to the noise levels in table I, section 12-46(a).

Nonconforming use means 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 provisions, but which is not a permitted use in the zone which it is now located.

Off-road recreational vehicle means any motor vehicle, including road vehicles but excepting watercraft, used off public roads for recreational purposes.

Outdoor means beyond the exterior walls of any building or structure.

Person means any individual, association, partnership or corporation, including any officer, department, bureau, agency or instrumentality of the United States, a state or any political subdivision of that state, including the town.

Physical characteristics of sound is a descriptive term, encompassing the steady, impulsive or narrow band property of sound, the level of the sound, and the extent to which it exceeds the background sound level.

Plainly audible means any sound for which the information content of that sound 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 comprehensive rhythms.

Port facilities means any and all public or private facilities used for the repair, loading or unloading of ships within the town, including, but not limited to, shipyards, repair yards and dry docks.

Powered model vehicle means any self-propelled airborne, waterborne or landborne model plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket.

Public right-of-way means any street, avenue, highway, boulevard, alley, easement or public space which is owned by or controlled by a public governmental entity.

Public space means any real property, including any structure thereon, which is owned or controlled by a governmental entity.

Pure tone means any sound which can be distinctly heard as a single pitch or set of single pitches.

Real property boundary means 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 division.

Receiving land use means the use or occupancy of the property which receives the transmission of sound as hereinafter defined.

Residential means any property on which is located a building or structure used wholly or partially for living or sleeping purposes.

Sound means 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.

Sound level means 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 American National Standards Institute specifications for sound level meters (ANSI S1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output or display meter and weighting networks used to measure sound pressure levels, which complies with American National Standards Institute Standard 1.4-1971.

Sound pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.

Sound pressure level means 20 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 × 10 N/m). The sound pressure level is denoted LP or SPL and is expressed in decibels.

Special event means any event that the applicant or sponsor knows or should know by promotion, public announcements, or past experience will attract more than 250 persons or 50 motor vehicles in the commercial zones, or 100 persons or 50 motor vehicles in the residential zones, or will require services beyond those that are regularly provided by the town such as additional police services, traffic control, fire and emergency and medical planning or services, street closures, or trash clean up.

(1) Special events may include parades, dances, concerts, fairs, parties, traveling shows or exhibits, road races, fireworks display, triathlons, biathlons, decathlons, bicycle races, amplified music and performances.

(2) Special events shall include:

a. An event that requires the partial or full closure of a road or street.

b. An event that will attract 100 or more persons at one time to use the Fred Benson Town Beach or other state- or town-owned property at one time.

c. A wedding, party, or other event held in a residential zone, if the owner knows or has reason to know that the event will attract more than 100 persons or 50 motor vehicles.

Steady sound means a sound whose level remains essentially constant (t;pm;2 dB(A)) during the period of sound level metering.

Town means the Town of New Shoreham, Rhode Island, or the area within the territorial city limits of the Town of New Shoreham, Rhode Island, and such territory outside of this town over which the town has jurisdiction or control by virtue of ownership or any constitutional or Charter provisions or any law.

Used or occupied. Where it appears, either word shall be deemed to include the words "intended, designed or arranged to be used or occupied."

Watercraft means any contrivance used or capable of being used as a means of transportation or recreation on the water.

Zoning districts means those districts established by the zoning provisions and indicated on the official zoning map.

(Rev. Ords. 1989, § 12-1; Ord. of 3-18-1992; Ord. of 4-6-2005(3), § 12-1)

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Definitions and rules of construction generally, § 1-2.