Little Compton noise, entertainment rules OK'd; take immediate effect

Posted 1/23/16

LITTLE COMPTON — By a 4-1 vote (Councilor Ted Bodington III voting no) Thursday, Jan. 7, the Town Council adopted two new local laws to regulate noise and entertainment, indoors and out.

The new ordinances took effect immediately. The noise …

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Little Compton noise, entertainment rules OK'd; take immediate effect

Posted

LITTLE COMPTON — By a 4-1 vote (Councilor Ted Bodington III voting no) Thursday, Jan. 7, the Town Council adopted two new local laws to regulate noise and entertainment, indoors and out.

The new ordinances took effect immediately. The noise ordinance imposes volume and time limits on music that can be played or performed in town, and the new entertainment ordinance requires that establishments obtain entertainment licenses.

The vote on the new ordinances followed a nearly hour-long debate among council members, that followed on the heels of a two-and-a-half hour long Town Hall public hearing attended by upwards of 65 people in a crowded council chambers.

What the council did

The council:

• Voted not to regulate "sound" — and instead voted to regulate "music or the human voice" — that might disturb "the peace, quiet and comfort of the neighboring inhabitants."

• The council made it clear it did not wish to regulate farming and agriculture-related noise, but instead trageted loud or outdoor musical events.

• Did not prohibit drones; did prohibit the "flying of piloted vehicles overhead for the purpose of recording or promoting entertainment events."

• Voted to exempt "non-profit, religious, charitable or civic organizations" from the entertainment license requirements.

• Voted that the council retains ability to waive requirements of this ordinance "for good cause shown."

• Voted cut-off times for music, as follows:

- A proposal that would have prohibited amplification after 8 p.m., was eliminated. The new cut-off time will be 9 p.m., after which noise levels must reduce from 65 decibels to 55.

- Coming from indoors: unlawful if it can be audible between 11 p.m. and 7 a.m. at a distance of 50 feet from its source;

- Coming from outdoors: unlawful between 9 p.m. and 7 a.m. if it can be heard at the boundary line of the property;

- At all hours in a residential zone, noise (music) is prohibited if it can be "plainly audible or disturb any neighborhood or person(s) of average sensibility in the accessible area of their occupied property." Loudness can't be over 65 decibels between 7 a.m. and 9 p.m., or over 55 decibels between 9 p.m. and 7 a.m.

• Adopted regulations that require parking, toilet facilities, insurance.

• Lighting must be directed "downward, inward, away from abutting properties, below horizontal plane onto path or road" and and "no higher than necessary to cast light on the intended surface."

• Imposes penalties: warning for first offense, Fines of $100, more for subsequent offenses. Penalties "reset" each calendar year.

• Conservation easement enforcement (applicable now to two venues (Carolyn's Sakonnet Vineyard, and Young's Family Farm). Applicants for an entertainment license must present, a letter from the organization responsible for enforcing the easement(s) "affirming that the proposed entertainment activitiy is fully consistent with the terms, conditions, and provisions of the conservation restriction."

What's next

Currently, there are seven licensees with an interest in entertainment licenses, said Council President Robert Mushen: Carolyn's Sakonnet Vineyard, The Barn Restaurant, Crowther's Restaurant, the Little Compton Community Center, the Sakonnet Point Club, Simmons Cafe and Marketplace, and the Young Family Farm.

In November, they were granted four-month extensions of their existing licenses, pending council action on the new ordinances. Their pending applications will be reviewed and acted upon, under the new ordinances, by the council at its March 24 meeting.

Farm noise excepted; future issues

At the public hearing it quickly became clear that farming and agricultural activities should be exempted in the new ordinances. Local farmers showed up in number at the hearing.

"Most of us don't want to deal with farmers in this ordinance," said Councilor Gary Mataronas. "It was never our intent to shut down agricultural activities," said Mr. Mushen.

Some issues were left unresolved

"We're not yet legislating how many days we're allowing noise," said Council President Robert Mushen at one point, alluding to future possibilities.

A woman asked if there was any way that the number of people attending an entertainment event could be limited.

And might Little Compton be at risk of becoming like Block Island, a woman called out from the back of the room.

There are "all kinds of forces at work that point to these things — as what could happen," said Town Council President Robert Mushen, "which is why I am approaching this with such urgency."

He later said he sees current concerns as the "tip of the iceberg."

Competing interests

The cut-off times for noise elicited sharp comments. It was a debate between what Mr. Mushen said "were people who live in town and people who have a right to do business."

The 8 p.m. cut off (that was jettisoned by the council) should be retained, one speaker said, "because on Thursday and Sunday nights children have to go to bed." Last summer's vineyard concerts were held on Thursday nights and Sunday afternoons.

"How is that fair to those of us who live here and pay taxes?" asked Miriam Clifford.

"No one hits the dance floor until it gets dark," said Kevin Vendituoli, lawyer for the new owners of The Stone House, who said his organization is involved in planning weddings at the location. That means dancing will start after 8 or 9 p.m. or later at certain times of the year.

"One person's noise is another person's music," said Jennifer Grantham, proprietor of Simmons Cafe and Marketplace in Adamsville.

Bodington "no" vote

Councilor Bodington said he voted no because he believes a 9 p.m. cut-off time is too early.

"When was the last time you went to a wedding that ended at 9 o'clock. I understand the thinking of the people, but I just don't think the ordinance is going to solve the problem," he said.

"Regarding the problem of people who live nearby, I don't have an answer. How do you tell a business they can't run the business," he said.

 

Carolyn's Sakonnet Vineyard, Little Compton entertainment ordinance, Little Compton noise ordinance, The Stone House

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