Representative Town Meeting (RTM) - Minutes - 01/30/2023

FIFTEEN ROPE FERRY ROAD
PHONE: 860-442-0553
WATERFORD, CT 06385-2886
www.waterfordct.org
~ 20
a S m
co oO
pare
nm <
oom
1 a
oS 20
MINUTES fas)
PUBLIC HEALTH, RECREATION & ENVIRONMENT STANDING COMMITTEE OF THE RTM = eee
Special Meeting @P AS
Waterford Town Hall — BOE Conference Room = 3
January 30, 2023
Public Health, Recreation & Environment Standing Committee Chair Michael Bono called the January 30,
2023 Special Meeting to order at 5:32 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENT: Jennifer Bracciale, Michael Bono, Mary Childs, Ryan Healy, Nick Gauthier
ABSENT: None
EX-OFFICIO MEMBERS PRESENT: RTM Member Susan Driscoll, RTM Member Michael Rocchetti
ALSO PRESENT: Town Clerk David L. Campo; Town Attorney Nicholas Kepple, Chief of Police Marc
Balestracci.
PUBLIC COMMENT:
Resident Christine Wilcox, 53 Vivian St, submitted comment in regard to the subject of feral cats in
writing. (See Attachment)
Attorney Mark Kepple, 804 Stonington Rd, Stonington, spoke on behalf of residents in regard to the
subject of noise with an emphasis that the subject needs to be looked at again by The Planning & Zoning
Commission with additional public input.
Resident Deborah Griffith, 63 North Rd, spoke in regard to noise and that the town needs to take a
broader approach on how they look at noise and how members envision the town.
Resident William O’Donnel, 7 Reynolds Ln, submitted items for the record. (See Attachment)
Resident Nancy Hennegan, 7 Reynolds Ln, said Waterford needs to make a statement and set a standard
in regard to noise.
ITEM 5 — August 30, 2022 Meeting Minutes.
MOTION by Gauthier, seconded by Bracciale, to approve the August 30, 2022 Meeting minutes.
MOTION PASSED: Unanimous
CALL ITEM 6A — Review of Feral Cat Management, RTC 12/05/2023
Brief discussion ensued. Committee agreed that subject would be discussed at future meeting.
RTM Member Susan Driscoll distributed information to the committee in regard to Feral Cat Laws. (See
Attachment)

CALL ITEM 6B — Review of Noise Ordinance, Noise Control — Chapter 9.06, RTC 10/04/2021
Lengthy discussion ensued between all members, legal, Chief of Police, RTM Members and members of
the public. Subjects discussed were the need to keep it simple; how to enforce; how many calls are the
police called on; what is a reasonable expectation; how does this relate to short term rentals; the
difficuity of enforcing when residential zones meet commercial zones; examples from other towns; the
need for The Planning & Zoning Commission to revisit the subject of music with accessory outdoor
dining.
MOTION by Gauthier, seconded by Healy, to allow the chairman to draft a letter for possible
recommendation from the RTM to the Planning & Zoning Commission to review its’ procedure of issuing
special permits for the committee to review at a future meeting.
VOTING IN FAVOR: Unanimous
Brief discussion in regard to a next meeting, possibly in March.
MOTION by Gauthier, seconded by Healy, to adjourn at 7:31 P.M.
VOTING IN FAVOR: Unanimous
Respectfully Submitted,
Mike Bono
Chair

RECEIVED FOR RECORD
WATERFORD, CT Feral Cat Ordinance Proposal
AN 2 :
103 JAN 30 FirsPagd foremost my goal here is to establish a program that is low in
cerae gapenspape effort for the town. I understand that on the list of importance this is
ATTEST: ‘proba at the bottom for most of you but I thank you for your time and
consideration on this matter. This problem exists for two basic reasons:
irresponsible pet owners and residents that are unwilling to assist in slowing the
growth of the population. I would like to address the second item first as it is the
easiest to rectify.
We have neighborhoods in which feral cat colonies are more prevalent than
others. In most of those neighborhoods there is generally at least one resident who
feeds the cats but is either unaware of the problem at hand or is unwilling to work
to help slow the growth of these colonies. There are a number of cat rescues that are
actively working to address this issue but when they run into residents that are
unwilling to allow them to trap on their property, the cats continue to feed and
reproduce. My proposal is simple: If a resident reports there is a feral cat colony in
their area that is being maintained or fed by a resident to the animal control officer,
the ACO would then verify the existence and feeding which could simply be done by
photographic proof. The ACO would then approach the resident and notify them that
if they are maintaining a feral cat colony they are required by town ordinance to
allow trapping for spay/neuter and vaccination purposes. If the resident then
refuses, they can be fined daily for every day of refusal. Fines would be capped in
amount and time (to be determined by the RTM) and if refusal continues the
resident can then be issued an arrest for animal neglect. After which, an order is
issued to allow cat rescues to come in and trap on their property.
There is an extensive network of people who are willing to address this issue
but when you face hostile resistance from individuals that believe they are doing the
right thing the task can be extremely difficult. The goal here is to address these
people so that the feral cat population is not so prolific.
The other issue is the root cause of the problem and may be a bit more
complicated to address; irresponsible pet owners. As it stands cats are not
registered as dogs are and there are no laws or ordinances town wide or state that
allow our Animal Control Officers to do anything. My understanding is there is a
movement to end dog registrations as well but I believe this creates a problem in
identifying lost and found pets both canine and feline. My suggestion would be to go
with town wide micro-chipping of both dogs and cats and equip the ACO witha
wand to read the chips and contact the owner when their pet has been found. It can
be researched to see if we can establish a town wide discount through some of the
local vets or through Petco to get chipping done at a discount. This also makes the
job of trapping ferals easier as trappers can notify the clinics that the animals are
from this area and need to be checked for ownership before any services are
rendered. It also establishes animal neglect if the owner is notified their animal has
been recovered and is not retrieved. The problem with tag registration, whether it is

for a dog or a cat, is that collars fall off making that town registration irrelevant. The
microchip eliminates that problem. We can establish a town wide microchip
database that the town clerk and ACO have access to for pet/owner identification.
These are just some base line suggestions, a jumping off point to be honed for
practicality and effective use. Please understand the last thing | want implemented
is any ordinance that would establish euthanization as an answer. On my own, I
have rescued 11 cats, all of which have been socialized and found homes. These
animals can sometimes get a bad rap but if we can establish a network of people
willing to foster them, a good portion of them can be placed. I would recommend
that if these suggestions seem feasible that a town wide mailing be included with tax
bills regarding town wide animal micro chipping for both dogs and cats and that we
ask that any resident who is willing to foster ferals as they are trapped register with
the humane society. In reality not all of them will be able to be rehabbed and those
that can’t, can be trapped neutered and released which will stop the growth of the
population.
Please remember these animals did not cause this problem, we did and we
should provide a humane resolution. I would like to be involved in any discussions
regarding this matter, please and thank you.

OFFICE OF
LEGISLATIVE
my RESEARCH
Ciyjective Reser for Consiecticn's Legislature R esedre a R e po rt
Feral Cat Laws in Select States
By: Janet Kaminski Leduc, Chief Attorney
November 10, 2021 | 2021-R0202
Issue
This report summarizes state laws related to feral cats in New England and New York.
Summary
Connecticut law allows municipalities to adopt ordinances requiring feral cat keepers to register
with the local animal control officer (ACO) and prohibiting cat owners or keepers from letting cats
cause property damage or an unsanitary, dangerous, or unreasonably offensive condition. In these
municipalities, an ACO may impound cats causing damage or unsanitary, dangerous, or
unreasonably offensive conditions and try to locate the cats’ owners or keepers. if a cat goes
unclaimed, the ACO may have it sterilized and sold as a pet or put down humanely.
Connecticut, Massachusetts, New Hampshire, and New York each operate programs that help low-
income residents sterilize their cats or dogs (e.g., animal population control programs).
Connecticut's program also helps nonprofit animal rescue groups sterilize and vaccinate feral cats.
Maine, New York, and Rhode Island laws permit people to release stray or feral cats to animal
shelters, who may adopt out the animals or euthanize them under certain conditions. In Vermont, a
person can use an approved rabies vaccine to inoculate a feral cat without using a licensed
veterinarian.
www.cga.ct.gov/olr Connecticut General Assembly (860) 240-8400
fa cL gov Office of Legislative Research Room 5300
Stephanie A. D’Ambrose, Director Legislative Office Building

Connecticut
Municipal Feral Cat Ordinances
Connecticut law allows a municipality to adopt an ordinance requiring individuals who keep feral
cats in residentiai or commercial areas to register with the municipality’s ACO within one year of the
ordinance's adoption. The ACO must give them information on the proper care and management of
feral cats. The ordinance must require feral cat keepers to sterilize and vaccinate the cat against
rabies. The law specifies that if a feral cat is adopted from a municipal pound, its keeper is eligible
for cat sterilization financia! assistance under the state’s animal population control program (see
below) (CGS § 22-339d(a)). (The law also allows a municipality to adopt an ordinance prohibiting
anyone owning or keeping a cat from letting it (1) substantially damage property other than the
owner’s or keeper’s property or (2) cause an unsanitary, dangerous, or unreasonably offensive
condition. A violation of such an ordinance is, by law, an infraction (CGS § 22-339d(b)).)
The law defines a “feral cat” as a free-roaming cat that is not owned. A “keeper” is a person who, or
organization that, harbors, regularly feeds, possesses, or forbids an ACO from impounding a feral
cat.
The law does not specify the penalty for violating a feral cat ordinance adopted under CGS § 22-
339d(a), But, state law allows municipalities to issue citations for violating local ordinances and
regulations (CGS _§
7-148(c)(10)(A)). The municipality must designate the ordinances and
regulations it wants to enforce by citation and specify the officials who can issue them. Citations
may be issued for fines up to $250 unless the statutes specify otherwise.
Unclaimed Cat Impounded by an ACO
By law, an ACO for a municipality that has adopted a cat ordinance under CGS § 22-339d(b) may
impound a cat (1) found to be damaging property other than property of its owner or keeper or (2)
causing an unsanitary, dangerous, or unreasonably offensive condition unless the cat is under the
care of an owner or keeper of feral cats. If the owner or keeper is not known, the ACO must publish
a description of the cat in the local newspaper's lost and found column. if a cat is not claimed
within seven days of publication, the ACO may have a veterinarian sterilize the cat and then sell the
cat as a pet. An ACO must have a cat that remains unclaimed put down humanely (CGS § 22-332d).
Animal Population Control Program
The Department of Agriculture’s Animal Population Control Program (1) provides sterilization and
vaccination options for state residents who adopt cats and dogs from municipal pounds, (2)
provides low-income state residents discounted sterilization and vaccination options for their dogs
2021-R-0202 November 10, 2021 Page 2 of 4

and cats, and (3) assists registered nonprofit rescue groups with the sterilization and vaccination of
feral cats. No more than 20% of the animal population contro! account funds may be used for the
feral cat program (CGS §& 22-380¢ as amended by PA 21-90 § 10).
Maine
Maine defines a “feral cat” as a cat with no owner identification that consistently exhibits extreme
fear in the presence of people. The law allows ACOs and people to bring stray cats to an animal
shelter. If the stray cat is homeless or feral, the shelter must hold it for at least 48 hours (if
homeless) or 24 hours (if feral). After this period, the shelter may offer the cat for adoption, sell it,
give it away, or dispose of it humanely. The shelter, an ACO, or a state humane agent may authorize
the cat’s immediate euthanasia if it is severely sick or injured if, among other things, a veterinarian
states in writing the cat’s recovery is unlikely or the cat presents a danger to the public (Me. Rev.
Stat. Ann. tit. 7, §§ 3907, 3919 & 3919-A).
Massachusetts
Massachusetts operates a Homeless Animal Prevention and Care Fund, which the Department of
Agricultural Resources uses to (1) offset the costs of vaccinating and sterilizing homeless cats and
dogs, (2) help jow-income residents vaccinate and sterilize their cats and dogs, and (3) help with
ACO training costs. Funds come from voluntary donations, gifts, and grants (Mass. Gen. Laws Ann.
ch. 10 § 35WW).
New Hampshire
The New Hampshire Department of Agriculture, Markets, and Food runs an Animal Population
Control Program to reduce the population of unwanted and stray cats and dogs. The program
provides financial assistance for low-income residents to spay or neuter their cat or dog (N.H. Rev.
Stat. Ann. § 437-A:2).
New York
Animal Population Control Program
New York law requires the Department of Agriculture and Markets to contract with an independent
nonprofit entity to administer the state Animal Population Control Program. The program is intended
to reduce the population of unwanted and stray cats and dogs, thereby reducing euthanasia rates
and public heatth threats. [t provides low-cost spaying and neutering services to low-income
residents (N.Y. Agric. & Mkts. Law § 117-a).
2021-R-0202 November 10, 2021 Page 3 of 4

Stray and Homeless Animals
New York law allows a humane society, society for the prevention of cruelty to animals, ACO, or
police officer to have a stray or homeless animal humanely euthanized if a veterinarian or two
reputable citizens find that the animal is so maimed, diseased, disabled, or infirm that euthanasia
is warranted. If this finding is not made, then the animal, after five days, may be placed for adoption
or be humanely euthanized. But municipalities may, by ordinance, set forth a different time period
(not less than three days) for unclaimed cats whose owners cannot be identified provided that such
cats are made available solely for adoption (N.Y. Agric. & Mkts. Law § 374).
Rhode Island
Under Rhode Island law, resident cat owners must have their cats that are over three months old
wear an identification tag at all times unless they meet certain exemptions (e.g., are kept
exclusively indoors or confined in outdoor areas and kept for breeding purposes). ACOs may fine
anyone in violation; fines collected are remitted to the municipality where the violation occurred
(R.L. Gen. Laws §§ 4-22-3 & 4-22-7),
The law authorizes ACOs to impound feral (i.e., wild, unsocialized, or untamed) cats and dispose of
them or release them to a licensed animal shelter (R.I. Gen. Laws §§ 4-22-2 & 4-22-8),
If a feral cat is released to an animal shelter or impounded in a municipal pound, the shelter or
pound must hold the cat for at least five days if it is wearing identification or two days if not. After
this period, if the cat is not claimed, the shelter or pound may offer itfor adoption or sale or
otherwise dispose of it. If the feral cat is without identification and poses a danger, the shelter or
pound may euthanize the cat before the period ends. Additionally, the period does not apply to any
injured or maimed cat that a veterinarian examines and confirms in writing should be destroyed for
humane reasons (R.I. Gen. Laws § 4-22-5).
By law, a shelter or pound cannot release a feral cat that was impounded without identification until
the owner complies with the cat identification requirements (R.1. Gen. Laws § 4-22-6).
Vermont
Under Vermont law, an owner of a domestic pet must have a licensed veterinarian inoculate the
animal against rabies with an approved vaccine. However, the law allows a person to use an
approved rabies vaccine to inoculate a feral cat that takes up residence in a buiiding (other than
the person’s home) without using a licensed veterinarian for this purpose (Vt. Stat. Ann. tit. 20, §
35811a).
JKLike
2021-R-0202 November 10, 2021 Page 4 of 4

RECEIVED FOR RECORD
Created January 25, 2023. WATERFORD, CT
The documents provided at the previous committee meet Ready, RepBle were
copies of noise ordinances related to 10 CT municipalities which goiigctively, all
follow-the same language and definitions borrowed from past State. DEEP
regulations. The attached Excel summarizes this. Many have not been amended in
years.
The exceptions are:
e Windham, where the fine is $250, and the landlord is also held responsible.
* Westbrook, Winchester and Seymour where fines can go to $400 per day.
® Town of Groton where the manager and the Landlord can also be held
responsible, and the police will instead issue a “nuisance” violation instead
of a “noise level” violation.
Each municipality has the same Noise Level Standards (see below), and in general,
any adherence to the “55 bBA daytime’ and “45 dBA evening” levels would
provide a highly adequate level of noise protection, which could be easily
enforced by Police (i.e. no. requirements fora noise meter since this.could fall
more into the categories of ‘nuisance’ and ‘disturbing the peace’).
For another view of noise ordinance palicy,a review of the City of Newport's
Noise Abatement policies gives a more comprehensive view on best practices
(copy provided).
oise level standards.
Industrial Commercial. }
62 dBA 62 dBA
Page 1 of 3

issues:
1. The question of who is responsible for monitoring noise has made the
enforcement of this issue a major stumbling block. The Police Department
has traditionally enforced nuisance issues like disturbing the peace, which is
an important quality of life and safety function. Pre-pandemic noise
complaints were not a consistent problem within Waterford (except Speed
Bowl, which is a unfortunate blight for those who live nearby), but with the
new regulations for Outdeor Dining as an Accessory Use, which does not
limit the type of music played outdoors, a new set of noise-related and
safety issues has presented themselves, which may now lead to personal
injury and/or legal exposure for the Town (e.g. a parking lot that now hosts
outdoor music, with no code for protective barriers to separate the patrons
from the cars that park in close proximity, could lead to injury. Or, patrons
all simultaneously leaving when music ends now create a potential for an
accident on busy road like, for example, Boston Past Rd).
2. Today, with the possibility for more venues of “amplified outdoor music”
within residential settings, the problem of noise complaints will certainly
increase (EXHIBIT A). So, how does the Town manage this problem to avoid
becoming a Misquamicut of Ft. Lauderdale type community?
Some ideas to consider ......
3. Requirement for Noise Control Panels where there are 5 scheduled outdoor
events within a 12-month period (EXHIBIT B). The panels should be of high
quality. The Town should hire a Sound Engineer to help establish the
criteria for these panels so that establishments do not purchase the
cheapest alternative that won't provide adequate noise suppression.
4. Hold the owner, and the landlord, responsible for any infractions, with the
potential for losing their ‘license’ if more than 3 infractions occur within a
12 month period.
Page 2 of 3

5. The police to enforce a “nuisance” violation. Today’s sound measuring
equipment is easier to use, so requirements for calibrating the equipment
should not be needed to establish noise levels.
6. This is a quality-of-life issue. The Town should do its best to provide its
residents an environment free from excessive noise pollution that degrades
the quality of life.
7. Increase the level of fines after the first infraction so that the fines don’t
simply become “a cost of doing business”.
8. Any establishment with an outdoor music venue with a capacity of 50 or
more people should be required to hire an on-site manager or “bouncer”
for each event, who would also be subject to fines if noise or patron limits
are exceeded.
3. Hold the band responsible for keeping noise levels below minimums or face
hefty fines ($500 or more).
10.Set the standard - Waterford could become the State-wide standard. Noise
pollution from many sources is becoming a problem overall. Until you live
near noise that persistently interrupts the peaceful enjoyment of your
home, you cannot really understand how disturbing and disruptive this
phenomenon can be. | can assure you this is not something you would want
occurring within your neighborhood.
11. The answer to this issue was presented by Abby Piersal and, unfortunately
was rejected by P&Z. The simple solution was limiting outdoor music at a
restaurant to be acoustic. The fact that live amplified bands play need to
play music so loud that it can be heard 1,500 feet away — when the patrons
are a mere 50 feet away, is not a workable solution, and we hope you can
find a solution to this problem (EXHIBITS C,D,E,F)
Bill O’Donnell 7 Reynolds Lane
Page 3 of 3

“Bale
SAIISUDS
¥L
asiou
&
uly
sioopyne
Jo
Alepunog
Ayadoud
jeas
yenuapisa,
2
ssou9e
aduequNisip
lu
yodmen
asiou
&
312919
0}
se
JaUUeU
B
YINS
Ul
PUNOS
SeINposd
YIIIYM
a21ASp
JepILUIS
10
Jo
AND
quawinaysul
jesisnwi
‘wrap
Auejo
uonesado
ayy
ywuad
40
Aeyd
‘ayesado
jjeys
uosiad
ON
a
[eb
cL
sjUaWasNseaw!
VSIOU
104
a[qIsuadaL
SI
80440
VIO
“Aep
yoea
Joy
QO'G6S|
Suluanz/Aeq!
gpsy/apss|
jeseuwoD
“piopaiem
|
11
*s3n990
UOHe[OIA
Aep
ydee
JO}
OO'OOTS
PUE
OO'OOTS)
Bulueag/Aeq)
g@psy/
spss)
femseuuoz|
uopuoy
man
|
OL
"SanulUOT
UORE[OIA
Yyons
Jey}
Aep
sad
OO'OSS|
suruaag/Aeq)
gpcy/aPSS|
jepssuw0D
pjayuq
6
Sanun}Uo?
#
adead
yo
Yoealq
siqissod
pue
Aep
yoee
QO'66S|
Bulueng/Aeg]
apsy/apPss]
jemoseuwo)
away
jseq
g
Kep
aad
gos
01
dn
ajqnop
jfim
sanunuos
yt
Aep
yes
“OOTS|
Suruang/Aeq]
gpsy/apss)
jepsewnu0p)
inowAes
L
9
aSUaYO
ISB]
JO
JeaA
aU
UIYYM
asUayo
JUSNbasqns
yIee
103
OGZS
Pue
NO'E6S
Buiuang/Aeg)
gpsy
/agpsg|
yepseuui0>
aeMON
ep
sad
o0v$
pasoxe
0}
30u
Sajqnop
auy
saqyeasayy
Aep
ydez
“90°Sz$|
Suiuend/Aeq|
gpsy
/apss|
jezewwes)
yooiqisem
|
¢
Aep
sad
‘uonejoia
tad
gots]
Sumaag/Aeg]
gpsy/apss|
felueuwo0))
weayapeg
|
¢
yonpuos
Apapiosip
10/pue
soueqnsysip
ayqnd
e
Sunes
‘azead
€
Jo
ypeaig
10}
peysnfpe
aq
ued
pue
asuayo
juanbasqns
yea
QOTS
“asuayo
isiy
GZS}
Suuang/Aeq)
psp/
aps)
jepsawuioD
inquinaL
Aep
sad
p0pr$
0}
dn
ssnuguos
wajqoud
Aep
ypea
4104
sajqnop
Sul
“Aep
yoes
QOTS|
Sulueng/Aeg|
apsy/gpss|
jepsewwoey
Jaqsayoum
|
¢
Elita
L
‘euspisas
Uj
[BAS]
FI
q
2
a
Vv

B
Cc
D
E
Allowable
DB
Emitter
Zone|
adjoining
Hours
Penalties
residential
No
person
shail
operate
play,
or
permit
the
operation
or
playing
of
any
radio,
television,
phonograph
or
other
sound
amplifying
equipment
so
as
to
create
a
noise
disturbance,
except
as
provided
for
in
Section
8.12.180.
For
the
purposes
of
determining
compliance
with
this
provision,
the
sound
level
limits
in
Section
8.12.080
shall
be
applied
at
or
beyond
the
property
line
of
the
source
of
the
sound.
A.
Council
shall
have
the
authority,
consistent
with
this
section,
to
grant
sound
variances
,
.
.
from
this
chapter
after
public
hearing.
B.
Any
person
seeking
a
sound
variance
under
this
section
shall
file
an
application
with
council.
The
application
shall
contain
information
which
demonstrates
that
bringing
the
source
of
sound
or
activity
for
which
the
sound
variance
is
sought
into
compliance
with
this
chapter
would
constitute
an
unreasonable
hardship
on
the
applicant,
on
the
community
or
on
other
persons.
20 :
Cc.
All
applications
shall
be
subject
to
a
fee
of
fifty
dollars
($50.00)
per
day
if
granted
and,
whether
granted
or
denied,
an
amount
sufficient
to
cover
the
cost
of
advertising
and
notification
to
all
residents
and
property
owners
within
one
hundred
{100)
feet
of
the
noise
source.
Advertisement
shall
be
made
at
least
once,
seven
days
prior
to
the
public
hearing,
in
a
newspaper
of
general
circulation
in
the
city.
Notification
shall
be
by
regular
mail
at
least
seven
days
prior
to
the
public
hearing.
wport D.

c
tter Zone
adjoining
residential
Zone
Hours
Penalties
in
determining
whether
to
grant
or
deny
an
application,
or
revoke
a
variance
previously
granted,
council
shall
balance
hardship
to
the
applicant,
the
community
and
other
persons
if
the
sound
variance
is
not
allowed,
against
the
adverse
impact
on
the
health,
safety
and
welfare
of
persons
affected,
the
adverse
impact
on
property
affected,
and
any
other
adverse
impact,
if
the
sound
variance
is
allowed.
Applicants
for
sound
variances
and
persons
contesting
sound
variances
may
be
required
to
submit
any
information
that
council
may
reasonably
require.
in
granting
or
denying
an
application
or
in
revoking
a
sound
variance
previously
granted,
council
shall
place
on
public
file
a
copy
of
the
decision
and
the
reasons
for
granting,
denying
or
revoking
the
E.
Sound
variances
shail
be
granted
by
notice
to
the
applicant
containing
all
necessary
conditions,
including
a
time
limit
on
the
permitted
activity.
The
sound
variance
shall
not
become
effective
until
all
conditions
are
agreed
to
by
the
applicant.
Noncompliance
with
any
condition
of
the
sound
variance
shall
terminate
it
and
subject
the
person
holding
it
to
those
provisions
of
this
chapter
regulating
the
source
of
sound
or
activity
for
which
the
sound
variance
was
granted.
FE.
Determination
of
modification
of
a
granted
variance
shall
be
made
in
accordance
with
the
rules
and
procedures
set
forth
in
the
section
for
original
applications.

B
Cc
D
E
Allowable
DB
Emitter
Zone;
adioining
Hours
Penalties
 Zone
(a)
A
landlord
who,
after
notice,
fails
to
take
reasonable
steps
to
prevent
subsequent
Violations
of
this
[chapter]
by
the
tenant
shall
be
in
viola
ion
of
this
[chapter]
and
subject
to
enforcement
as
enumerated
in
§5307
of
this
[chapter].
(b}
Prior
to
issuing
a
ticket
to
a
landlord,
the
landlord
must
receive
written
notice
from
the
Village
of
Woodstock
or
its
Police
Department
stating
that
the
tenant
has
been
issued
a
ticket
for
violation
of
{this
chapter].
The
landlord
then
has
five
days
ta
issue
a
written
warning
to
the
tenant
requesting
that
the
tenant
discontinue
the
violating
behavior.
§5307.
Enforcement
(a)
No
owner
or
occupier
of
premises,
ar
any
person
who
has
been
given
lawful
permission
to
use
or
control
any
premises,
shall
knowingly
permit
a
violation
of
this
[chapter]
by
another
person
on
such
premises.
(b)
The
first
offense
for
any
person
violating
the
provisions
of
this
[chapter],
within
a
twelve
month
period,
shall
be
punished
as
provided
in
Appendix
B
[of
Title
1]
of
W.V.O.
(c)
A
second
and
subsequent
offense
for
violating
this
[chapter],
within
a
twelve
month
period,
shall
be
punished
as
provided
in
Appendix
B
[of
Title
1]
of
the
W.V.0.
§
B1-6General
Penalty;
Continuing
Violations;
Repeat
Violations;
other
Penalties.
NJ [Ord. No. 2014-7 Exh. A]
NJ (a) :

Cc
tter Zone
Level
in
adjoining
Zone
Hours
General
Penalty.
Whenever
in
this
Code,
or
in
any
other
ordinance
or
resolution
or
in
any
rule,
regulation
or
order
promulgated
pursuant
to
this
Code
or
other
ordinance
of
the
municipality,
any
act
which
is
prohibited
or
is
made
or
declared
to
be
unlawful
or
an
offense
or
misdemeanor,
or
whenever
in
such
Code
or
in
such
other
ordinance,
rule,
regulation,
resolution
or
order,
the
doing
of
any
act
is
required
or
the
failure
to
do
any
act
is
declared
to
be
unlawful
or
an
offense
(and
where
no
specific
penalty
is
provided
therefor),
the
violation
of
any
such
provision
of
this
Code
or
of
any
other
ordinance,
rule,
regulation,
resolution
or
order,
or
of
any
rule,
regulation
or
order
promulgated
pursuant
to
this
Code,
shall
be
punished
by
one
or
more
of
the
following,
unless
specifically
exempted
from
these
penalties
as
provided
in
the
ordinances:
a
fine
not
exceeding
$2,000;
imprisonment
for
a
period
not
to
exceed
90
days;
or
performance
of
community
service
for
a
period
not
exceeding
90
days.
(b)
Repeat
Violations.
Any
person
who
is
convicted
of
violating
this
Code
or
any
other
ordinance
or
resolution
or
any
other
rule,
regulation
or
order
promulgated
pursuant
to
this
Code
or
other
ordinance
within
one
year
of
the
date
of
a
previous
violation
of
the
same
provision,
and
who
was
fined
for
that
previous
violation,
shall
be
sentenced
by
the
court
to
an
additional
fine
as
a
repeat
offender.
The
additional
fine
imposed
by
the
court
upon
a
person
for
a
repeated
offense
shall
be
neither
less
than
the
minimum
nor
more
than
the
maximum
fine
fixed
for
a
violation
of
the
provision,
but
shall
be
in
addition
to
but
calculated
separately
from
the
fine
imposed
for
the
current
violation
of
the
provision.
{c)

Cc
tter Zone
Zone
Hours
Penalties
Alternate
Penalties
under
Certain
Circumstances.
Whenever
any
provision
of
the
New
Jersey
Revised
Statutes
limits
the
authority
of
the
municipality
to
punish
the
violation
of
any
particular
provision
of
this
Code
or
other
ordinance,
rule,
regulation,
resolution
or
order
promulgated
pursuant
thereto
to
a
fine
of
less
amount
than
that
provided
in
this
section,
imprisonment
for
a
shorter
term
than
that
provided
in
this
section
or
community
service
for
a
shorter
term
than
that
provided
in
this
section,
then
the
violation
of
such
particular
provision
of
this
Code
or
other
ordinance,
rule,
regulation,
resolution
or
order
shall
be
punished
by
the
imposition
of
not
more
than
the
maximum
fine,
imprisonment
and/or
community
service
so
authorized.
{d)
Minimum
Penalty.
The
council
may
prescribe
in
any
particular
ordinance
that
for
violation
of
that
ordinance
a
minimum
penalty
shall
be
imposed
which
shall
consist
of
a
fine
fixed
at
an
amount
not
exceeding
$100.
{e)
Continuing
Violations.
Each
day
any
violation
of
this
Code
or
any
other
ordinance,
rule,
regulation,
resolution
or
order
promulgated
pursuant
thereto
shall
continue
or
shall
have
continued
shall
constitute
a
separate
offense,
unless
otherwise
provided
in
the
subject
Code,
ordinance,
rule,
regulation,
resolution
or
order.
Any
person
convicted
of
violating
this
Code
or
any
ordinance
or
resolution
or
any
other
rule,
regulation
or
order
promulgated
pursuant
to
this
Code
or
other
ordinance,
and
who
is
in
default
of
the
payment
of
any
fine
imposed
for
the
violations
may,
in
the
court's
discretion,
be
imprisoned
for
a
term
not
exceeding
90
days
or
be
required
to
perform
community
service
for
a
period
not
exceeding
90
days.

~ CODE OF ORDINANCES
Title 8. ~ HEALTH AND SAFETY
Chapter 8,12. NOISE ABATEMENT
Chapter 8.12. NOISE ABATEMENT
8.12.010. Statement of public policy.
Council finds and declares that:
A.
Excessive unreasonably loud, or disturbing noise is a serious hazard to the public health and welfare
and the quality of life in a densely populated city and can violate the well-being, tranquility, and privacy
of the home. Excessive noise can also deprive the residents of Newport of the fundamental right they
have to the peaceable enjoyment of their homes.
A substantial body of science and technology exists by which excessive noise can be substantially
abated without serious inconvenience to the public.
Certain of the noise producing equipment in this community Is essential to the quality of life herein and
should be allowed to continue at reasonable levels with maderate regulation.
Each person has a right to an environment reasonably free from unwelcome noise which jeopardizes
health or welfare, degrades the quality of life, or violates the well-being, tranquility, and privacy of the
home.
When enacting restrictions on expressive activities by way of laws or ordinances, the protections of the
First Amendment must be paramount, and restrictions imposed by such laws and ordinances must be
enacted without reference to the content of any expressive activity. However, reasonable restrictions
may be made to control the time, place and manner of any such expressive activity, so lang as those
restrictions are content-neutral and narrowly-tailored to serve a significant governmental interest and
leave open ample alternative channels of communication.
The city of Newport is a destination for millions of visitors each year, including those who seasonally
rent homes. A vast majority of homes in Newport are located in densely populated neighborhoods that
are in close proximity to commercial districts. City officials are Inundated with complaints from
residents of overcrowding, disorderly behavior, and unreasonably loud and disturbing noise in such
neighborhoods. A significant amount of these complaints involves unreasonably loud and disturbing
noise in these neighborhoods caused by the human voice or voices late at night or In the early morning
hours. There is an urgent need at this thme to enact reasonable time, place, and manner restrictions
narrowly tailored so as to protect persons from such activity and from unreasonably loud, disturbing or
unwelcome noise In general, and to especially protect the wellbeing, tranquility, and privacy of the
home.
it is the declared policy of the city to promote an environment free from excessive, unreasonably loud,
or disturbing noise, otherwise properly called noise pollution, which unreasonably jeopardizes the
health and welfare of the public, violates and disturbs the well-being, tranquility and privacy of the
home, or otherwise degrades the quality of the lives of the residents of this community, without
unduly prohibiting, limiting or otherwise regulating the function of certain noise-producing equipment
which is not amenable to such controls and yet is essential to the quality of life in the community, and
at the same time keeping the protections of the First Amendment paramount in enacting any
provisions prohibiting nolse disturbances without reference to the content of any expressive activity.
(Ord. 2004-17 § 1 (part}, 2604)
Newport, Rhode Island, Code of Ordinances Creatad: 2022-11-28 14:19:05 [EST]
(Supp. No, 75, Update 2)
Page 1 of 12

8.142.020. Purpose, title and scope.
A.
The purpose of this chapter is to establish standards for the control of noise pollution in the city by setting
maximum permissible sound levels for various activities to protect the public health, safety and general
welfare.
This chapter may be cited as the “Noise Abatement Chapter” of the city.
This chapter shall apply to the control of all noise originating within the limits of the city or originating from
properties lying outside the limits of the city, owned or controlled by the city, except where either:
i. Astate or federal agency has adopted a different standard or rule than that prescribed in this chapter
and has so preempted the regulation of noise from a particular source as to render this chapter
inapplicable thereto; or
2. Council has determined that, by reason of public acceptance of the activity producing a particular
noise, such noise is deemed acceptable to the residents of the city.
(Ord. 2004-17 § 1 (part), 2004)
8,12.030. Implementation, administration and enforcement.
A.
This chapter shall be implemented, administered and enforced by the division of palice, zoning division, or
any other city department or division designated by the director of public safety.
The provisions of this chapter which prohibit a person from making or continuing noise disturbances, or
causing the same to be made or continued, across a real property boundary or within noise sensitive areas,
shall be enforced by the police division, zoning division, or any other city department or division designated
by the director of public safety.
To implement and enforce this chapter, the police division, or any other duly designated city agency, shall
have the power to:
1. Conduct research, monitoring and other studies related to sound;
2. Conduct programs of public education regarding the causes, effects and general methads of abatement
and control of noise, as well as the actions prohibited by this chapter and the procedures for reporting
violations;
3. Coordinate the noise control activities of all city departments;
4. Review public and private projects, including those subject to mandatary review ar approval by other
departments, for compliance with this chapter, if these projects are likely to cause sound In violation of
this chapter;
5. Issue sound variances pursuant to Section 8.412.180;
6, Prepare recommendations for consideration by council, after publication of notice and after a public
hearing, for establishing the boundaries of noise sensitive areas.
Whenever a violation of this chapter occurs and two or more persons are present in or on the lot from which
the sound emanates, and it is impossible to determine which of such persons Is the violator, the owner of the
lot, if present, shall be presumed responsible for the violation. In the absence of such owner, the tenant or
tenants of such lot or any person present with the direct consent of the owner shall be held responsible for
the violation.
Created: 2622-11-28 14:19:65 (EST}
(Supp. No. 75, Update 2)
Page 2 of 12

E. tn the case of continuing violations, the city solicitor may Institute an action for injunctive rellef against the
owner and/or tenant of the lot.
(Ord. 2004-17 § 4 (part), 2004)
8.12.040. Definitions.
Unless otherwise expressly stated or the context clearly indicates a different intention, the following words
and terms shail have the meanings given. Definitions of technical terms used in this chapter, which are not herein
defined, shall be obtained from publications of acoustical terminology issued by A.N.S.I. or its successor body.
“A-scale {dBA)“ means the sound level in decibels measured using the A-weighted network as specified in
A.N.S.I. Standard 1.4-1983 or the latest approved revision thereof, 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 the sound source
under investigation, being usually a composite of sounds from many sources near and far, exclusive of intruding
noises from isolated identifiable sources which are intermittent and relatively intense.
“A.N.S.L." means the American National Standards Institute or its successor body,
"C-scale (dBC)” means the sound level in decibels measured using the C-weighted network as specified in
A.N.S.1. Standard 1.4-1983 or the latest approved revision thereof, for sound level meters. The level is designated
d(C) or dBc.
"City" means the city of Newport, Rhode Island, or the area within the territorial limits of the city, and such
territory outside of the city over which the city has jurisdiction or control by virtue of ownership or any
constitutional or Charter provision or any law.
"Construction" means any and all activity necessary or incidental to the erection, assembly, alteration,
Installation, repair or equipment of buildings, roadways or utilities, including land clearing, grading, excavating and
filling.
“Decibel (d8)" means a logarithmic and dimensionless unit of measure often used in describing the
amplitude of sound, equal to twenty (20) times the logarithm to the base ten of the ratio of the pressure of the
sound measured to the reference pressure, which is twenty (20) micropascais (twenty (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 purpase of vehicle braking without the use of wheel
brakes. This device is often referred to as a "Jake Brake."
“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
te 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 expiosions, drop-forge impacts and the discharge of
firearms,
"Lot" means any area, tract or parce] of Jand 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
Created; 2822-11-28 14:19:95 [8ST]
(Supp. No, 75, Update 2)
Page 3 of 12

imaginary Jine 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 motorized bicycles, motor
scooters, mopeds and the like.
“Motor vehicle" means any motor-operated vehicle licensed for use on the public highways, but not
including a motorcycle.
“Narrow band sound" means sound characterized by normal listeners as having a predominant pitch or
sertes of pitches; sound described by such listeners as "whine," “hiss,” "hum," "taot" or “wail.”
"Noise control office" means the city department having responsibility for the enforcement of this chapter.
“Noise disturbance" means any sound or sound level that exceeds the standards for such sound or sound
level set forth in this chapter. Noise disturbance shall also mean sound from the human voice or voices including
but not limited to yelling, laughing, hooting, hollering, screaming, or singing between the hours of twelve a.m. and
seven a.m, which exceeds sound or sound level standards set forth 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 and
nursing homes.
"Noise sensitive area" means any area posted with noise sensitive signs and subject to the noise levels set
forth in Table | of this chapter,
“Nonconfarming use" means a use of a structure, building or tand which was established as a permitted use
and which has been lawfully continued pursuant to the zoning code of the city, but which Is nat a permitted use in
the zone in which it is now located.
“Offroad recreational vehicle" means any motor vehicle, including road vehicles, but excepting watercraft,
used off public roads for recreational purposes.
“Person® means any individual, including the owner of premises or tenant, association, partnership or
corporation, including any officer, department, bureau, agency or instrumentality of the United States, a state or
any political subdivision of a state, including the city.
"Physical characteristics of sound" means the steady, impulsive or narrow band property of a sound, the
level of the sound and the extent to which it exceeds the background sound level.
"Plainly audible" means any sound that can be detected by a person with normal hearing using his or her
unaided hearing faculties. As an example, if the sound source under investigation !s a sound amplification or sound
reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly
audible sound. The noise control officer need nat determine the title, specific words, or the artist performing the
song.
“Port facilities" means any and alt public or private facilities used for the repair, loading or untoading of ships
within the city, including, but not limited to, shipyards, repair yards and dry docks.
"Powered model vehicle" means any self-propelled airborne, waterborne or landborne mode! plane, vessel
or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or
rocket.
Created: 2022-11-28 14:19:95 [EST]
(Supp. No. 75, Update 2)
Page 4 of 12

"Public right-of-way" means any street, avenue, highway, boulevard, alley, easement aor 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.
"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
intra-building real property divisions.
"Receiving land use" means the use or occupancy of the property, or the actual real property, which receives
the transmission of sound.
"Residential property” means any property on which Is located a buitding 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 A.N.S.I. specifications for sound level meters
{A.N.S.L Standard 1,4-1983, 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 complies with A.N.S.1. Standard 1.4-1983 or the latest approved
revision thereof.
"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 twenty (20) times the logarithm to the base ten of the ratio of the RMS sound
pressure to the reference pressure of twenty (20) micranewtons per square meter (20 x 10-6n/m2), The sound
pressure level is denoted Lp or SPL and is expressed in decibels.
"Steady sound" means a sound whose level remains essentially constant (+/-2 dBA) during the period of the
sound level meter.
"Used" and “occupied" 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 ar
recreation on water.
“Zoning districts" means those districts established in the zoning code and Indicated on the official zoning
map.
(Ord, 2004-17 § 4 (part), 2004)
8.12.050. Measurement of sound.
A, ifthe measurements af sound are made with a sound level meter, it shall be an instrument in goad operating
condition, meeting the requirements of a Type | or Type Il meter, as specified in A.N.S.1. Standard 1.4-1983,
or the latest approved revision thereof. For purposes of this chapter, a sound level meter shall contain at
least an A- and C-weighted scale and both fast and slow meter response capabilities.
B. if the measurements are made with other instruments, the procedure shall be carried out in such a manner
that the overall accuracy is at least that called for in A.N.S.I. Standard 1.4-1983, or the latest approved
revision thereof, for Type tt Instruments.
Created: 2622-11-28 14:19:85 [EST]
(Supp. No. 75, Update 2)
Page 5 of 12

When the location or distance prescribed tn this chapter for measurement of sound is impractical or would
provide misleading or inaccurate results, measurements may be taken at other locations or distances using
appropriate correction factors specified in this chapter.
Procedures and tests required by this chapter and not specified herein shall be placed on file with the city
clerk.
(Ord. 2004-17 § 1 (part), 2004)
8.12.060. Exceptions.
The provisions of this chapter shall not apply to:
A. The emission of sound for the purpose of alerting persons to the existence of an emergency;
B. The emission of sound in the performance of emergency work;
C. Private or public speaking, including the unamplified human voice, private or public assembly activities
conducted on any private property, public space or public right-of-way, except those activities
controlled by Section 8.12.120 or prohibited by Sections 8.12.070 and 8.12.100;
D. Agricultural activities, exclusive of those involving the ownership or possession of animals or birds;
E. The emission of sound in the performance of military operations, exclusive of travel by individuals to or
from military duty;
F, The emission of sound in the discharge of weapons or in fireworks displays licensed by the city, from
seven a.m, to ten p.m.;
G. The emission of sound in the operation of snow removal equipment, so long as all internal combustion
engines employed in this activity are fitted with a properly functioning muffler at all times; and
H. The emission of sound relative to permitted construction, landscaping, maintenance, and demolition
activities, including machinery and equipment used therein, provided that such activities do not occur
between nine p.m. and seven a.m. and on Saturdays, Sundays and legal holidays before eight a.m.
l, Work and activities conducted and perfo