TIVERTON — Neighbors hear it, but noise measured in decibels from ventilation fans and gun shots, coming from the shooting range at Sakonnet River Outfitters at 777 Main Road in Tiverton, does not violate the town noise ordinance, says Tiverton Police Chief Thomas Blakey in a report to the Town Council.

The report results are disputed by two shooting range neighbors, a couple whose complaint prompted the investigation in the first place, and they cite a different section of the same ordinance.

The website for the shooting range says the facility is open seven days a week from as early as 10 a. m. to as late as 9 p.m..

The chief's conclusion is stated in a Jan. 15 report to the council for its meeting on Monday, Jan. 25. The report is based on an investigation Chief Blakey conducted, at the council's request, with two of his officers and a decibel meter, at the shooting range around noon on Tuesday, Jan. 12.

The Chief's report stemmed from a written complaint to the council Jan. 11 by the neighbors, Nathan and Joy Titcomb, who live at 12 Paul Terrace just behind the shooting range.

An earlier noise complaint from another neighbor, and a decibel reading by the police department, on Jan. 2, Chief Blakey said in his report, showed a decibel reading of 59 db, "slightly below the allowable ordinance noise level of 60dB within residential and open space zones."

The chief used a section of the noise ordinance setting a limit of 60 dB, Mr. Titcomb said, while the very next section of the same ordinance sets a 5 dB lower threshold (of 55 dB) "or any source of sound which emits a pure tone." That's the section that should apply to gun shots, Mr. Titcomb contends. "Pure tone" is defined by the ordinance as "any sound which can be distinctly heard as a single pitch or set of single pitches."

"I am most upset regarding the police chief's incorrect interpretation of the town ordinance," Mr. Titcomb said.

"According to the town ordinance, the sound readings need to be taken from the receiving land and meet the thresholds of the receiving land use. Further, the decibel threshold is reduced by 5 db for any sound that is a pure tone," he said.

"We can tolerate normal neighborhood sounds, but what we don't expect to hear is repetitive gun shots which I can hear concussively," Mr. Titcomb said in an interview Sunday.

"During the hearings regarding the licensing of the shooting range in this location, which took place during the summer and fall of 2014," Mr. Titcomb said, "we were assured by Mr. Lebeau that we would not hear anything aside from a 3 horsepower fan. We certainly hear the fan, but we also hear what we were assured we would not. Gunfire."

In their initial complaint to the town council, that appeared on on the council's consent agenda at its Jan. 11 meeting and that led to Chief Blakey's investigation, the Titcombs wrote that "'he sounds emanating from this business have unnecessarily degraded our quality of life in our home."

"Put the interpretation of city ordinance aside," Mr. Titcomb said in his Sunday interview. "The kind of noise being heard is certainly disturbing. One expects to hear the sound of a neighborhood from a back porch a deck or a patio. These sounds could be children playing or crying, lawnmowers, and other residential noises. These are the sounds we expect and are part of the charm of many neighborhoods."

"What we now apparently have to add to this list of residential noises in Tiverton is the sound of concussive gunshots," he said.

"The repeated blows may be below the town prescribed noise threshold; but each and every one is felt, akin to the way you feel the low toned thunder rolling through your body during a summer storm. Except in our backyard it is not raining, the sky is not dark, and there is no lightning, but rest assured we still feel and hear blow after blow, round after round."

Added to it is the noise of the exhaust fans, Mr. Titcomb said.

In their initial complaint to the council, he and his wife wrote, "The constant noise of the fan has made our once quiet yard littered with a constant drone. Within this constant drone, we are able to hear the pops of each gun that is fired within the range."

In response to the Titcomb complaint, the council asked Chief Blakey to look into the matter which he did, and which led to his report Monday.

The chief reported that during the investigation one of the officers accompanied the business owner, Randy Lebeau, into the shooting area inside the building.

There he witnessed "Mr. Lebeau fire multiple rounds of live ammunition from a variety of weapons, including a high powered rifle (AR-15)," the chief reported.

During the gun firing, Chief Blakey said, he stood outside the building about 25 feet away.

"I heard the sound of muffled gunfire coming from within the building, the sound was discernible, definitely not in reaching the noise level which would violate the Town of Tiverton Noise Ordinance," he wrote.

An officer took a decibel reading "from the property line of the complainant's property at 12 Paul Terrace," and the "reading was 57.2 dB, below the noise ordinance allowable level of 60 dB within residential and open space zoning."

At the end of his report, Chief Blakey wrote, "ith regards to the impulsive sound of muffled gun shots noise, this type of intermittent sounds or noise do not provide enough noise for long enough duration to obtain accurate decibel readings. The noise level is low, well below the ordinance level, although it will be repetitive."

"Mr. Lebeau was informed of the decibel reading and that he was not in violation of the town ordinance," Chief Blakey said in his report to the council.

"I suggested to Mr. Lebeau that he consider erecting a solid six-foot fence in the vicinity of both exhaust system outlets as a form of a noise barrier," the Chief reported. "Mr. Lebeau informed me that he realized he was not required to put up a fence, but that he would put up a fence as soon as possible because he just wanted to be a good neighbor and get along with and work with everyone."

Mr. Titcomb said Sunday that so far the town administrator had not met with him, his wife, or other neighbors, as he had thought the administrator had indicated on Jan. 11 that he would. He said he had written a letter to the Town Administrator about it. On Monday, Mr. Titcomb said he had heard from the Town Administrator in response to his email.

Council hears reports of noise; Lebeau promises a fence

The council, late into its meeting last Monday night, took no action on complaints of fan and gunfire noise coming from the Sakonnet River Outfitters shooting range, other than to hear briefly from Chief Thomas Blakey, whose investigation report about the shooting range noise was on the agenda.

Randy Lebeau, the shooting range owner, also spoke.

It was about 10:30 p.m., three-and-a-half hours after the meeting started, when the council turned to the issue.

In the audience during the entire meeting were Nathan and Joy Titcomb, neighbors whose complaints about fan noise and gunfire had sparked the investigation.

They did not speak, and weren't asked to. It was not a public hearing.

"Even without a fence , he's in compliance with the ordinance," Chief Blakey told the council about Mr. Lebeau's shooting range.

"I'm going to put plants around," to block the noise, Mr. Lebeau said. "There's no issue with noise. I'm below the ordinance."

At one point Mr. Lebeau shouted at Councilor Brett Pelletier, who had tried to ask a question and was interrupted by Mr. Lebeau. "I apologize. I've had enough," Mr. Lebeau later said to the council about his shouting.

Even if you're in compliance with the ordinance, Council President Denise deMedeiros told Mr. Lebeau, people still hear the noise.

"They're complaining because the quality of their life has been altered," Mr. Pelletier told Mr. Lebeau.

"We're not criticizing you," said Councilor Jay Lambert to Mr. Lebeau. "We get letters and we have to respond."

"I'm going to go above and beyond," Mr. Lebeau said. "I'll get that fence up tomorrow."

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"I've said all along, I'll do what it takes," he said a few minutes later.

Councilor Joe Sousa defended Mr. Lebeau. This building went through a plan review, and Mr. Lebeau had requested a flat roof, so he could put the fans on top . But the planning board wanted a pitched or sloping roof, Mr, Sousa said. It also wanted a building with two colors, he said.