It is recognized that people have a right to and should be ensured an environment free from excessive sound and vibration that may jeopardize their health, safety or welfare or degrade the quality of their lives. This chapter is enacted to protect, preserve and promote the health, safety, welfare and quality of life for the citizens of the Town of Cromwell through the reduction, control and prevention of noise.
When used in this chapter, the terms below shall have the following meanings:
BACKGROUND NOISE
Noise of a measurable intensity which exists at a point as a result of a combination of many distant sources individually indistinguishable.
BUSINESS ZONE
Those areas so designated under the Business Zone of the Zoning Regulations of the Town of Cromwell.
CHIEF OF POLICE
The Chief of Police of the Town of Cromwell or a duly authorized officer subject to his/her order.
CONSTRUCTION
The assembly, erection, substantial repair, alteration, demolition or site preparation for or of public or private rights-of-way, buildings or other structures, utilities or property.
CONSTRUCTION EQUIPMENT
Any equipment or device operated by fuel or electric power used in construction or demolition.
CONTINUOUS NOISE
Ongoing noise, the intensity of which remains at a measurable level (which may vary) without interruption over an indefinite period or a specified period of time.
DAYTIME HOURS
The hours between 7:00 a.m. and 9:00 p.m. Monday through Saturday and the hours between 9:00 a.m. and 9:00 p.m. on Sunday.
DECIBEL
A unit of measurement of the sound level, the symbol for which is "dB."
DEMOLITION
Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
EMERGENCY VEHICLE
Any motor vehicle authorized by any local authority to have sound warning devices, such as sirens and bells, which can lawfully be used when responding to an emergency.
EMERGENCY WORK
Work made necessary to restore property to a safe condition following an emergency or work required to protect persons or property from exposure to imminent changes.
IMPULSE NOISE
Sound of short duration, usually less than one second, with an abrupt onset and rapid decay, the level of which is measured with a sound-level meter, which shall conform with ANSI S12.7-1986 (R1993).
INDUSTRIAL NOISE
Those areas so designated under the Industrial Zone of the Zoning Regulations of the Town of Cromwell.
INTRUSION ALARM
A device with an audible signal, which, when activated, indicates an intrusion by an unauthorized person.
MOTOR VEHICLE
A vehicle as defined in Subdivisions (30) and (31) of Section 14-1, Connecticut General Statutes, Revision of 1958, as amended.
NIGHTTIME HOURS
The hours between 9:00 p.m. and 7:00 a.m. Sunday evening through Saturday morning and between 9:00 p.m. and 9:00 a.m. Saturday evening through Sunday morning.
NOISE LEVEL
The sound-pressure level as measured with a sound-level meter.
NOISE LEVEL, A-WEIGHTED
The sound-pressure level as measured with a sound-level meter using the A-weighting network. The sound level is designated "dbA."
OCTAVE BAND SOUND-PRESSURE LEVEL
The sound-pressure level for the sound contained within the specified preferred octave band, stated in dB, as described in ANSI S1.6-1984 (R1994).
PERSON
Any individual, firm, partnership, association, syndicate, company, trust, corporation, municipality, agency or political or administration subdivision of the state or other legal entity of any kind.
PREMISES
Any building, structure, land or portion thereof, including all appurtenances, owned or controlled by a person. A noise emitter's premises includes contiguous publicly dedicated street and highway rights-of-way, all road rights-of-way and waters of the state.
PROMINENT DISCRETE TONE
The presence of acoustic energy concentrated in a narrow frequency range, including but not limited to an audible tone, which produces a one-third octave sound-pressure level greater than that of either adjacent one-third octave and which exceeds the arithmetic average of the two adjacent one-third octave band levels by an amount greater than that shown below for the one-third octave band containing the concentration of acoustic energy.
|
One-Third Octave Band Center Frequency
(Hz)
|
Average Exceedence
(dB)
|
|
100
|
16
|
|
125
|
14
|
|
160
|
12
|
|
200
|
11
|
|
250
|
9
|
|
315
|
8
|
|
400
|
7
|
|
500
|
6
|
|
630
|
6
|
|
800
|
5
|
|
1,000
|
4
|
|
1,250
|
4
|
|
1,600
|
4
|
|
2,000
|
3
|
|
2,500
|
3
|
|
3,150
|
3
|
|
4,000
|
3
|
|
5,000
|
4
|
|
6,300
|
4
|
|
8,000
|
5
|
|
10,000
|
6
|
PROPERTY LINE
That real or imaginary line along the ground surface and its vertical extension which separates real property owned or controlled by any person from contiguous real property owned and controlled by another person and which separates real property from the public right-of-way.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley, park, waterway, railroad or similar place which is owned or controlled by a government entity.
RESIDENTIAL ZONE
Those areas so designated under Residential Zone of the Zoning Regulations of the Town of Cromwell.
SOUND
A transmission of energy through solid, liquid or gaseous media in the form of vibrations which constitute alteration in pressure or position of particle in the medium and which, in air, evoke physiological sensations, including but not limited to an auditory response when impinging on the ear.
SOUND ANALYZER
A device, generally used in conjunction with a sound-level meter, for measuring the sound-pressure level of a noise as a function of frequency, expressed in Hertz (Hz), in octave bands, one-third octave bands or other standard ranges. The sound analyzer shall conform, as a minimum, to Type E, Class II, as specified in ANSI S1.11-1986 (R1993).
SOUND-LEVEL METER
An instrument used to measure sound levels. A sound-level meter shall conform, at a minimum, to the American National Standards Institute operation specifications for sound level meters S1.4-1983 (R1994).
SOUND-PRESSURE LEVEL (SPL)
Equals 20 times the logarithm to the base 10 of the ratio of the sound pressure in question to the standard reference pressure of 20 micro-Pascals, expressed in decibel (dB) units.
For the purpose of determining noise levels as set forth in this chapter, the following guidelines shall be applicable:
A. A person conducting sound measurements shall have been trained in the techniques and principles of sound-measuring equipment and instrumentation.
B. Instruments used to determine sound-level measurement shall be sound-level meters and analyzers as defined by this chapter.
C. The following steps should be taken when preparing to take sound-level measurements:
(1) The instrument manufacturer's specific instructions for the preparation and use of the instrument shall be followed.
(2) Measurements to determine compliance with §
168-5 shall be taken at a point that is located more or less one foot beyond the property line of the
noise emitter's premises and within the
noise receptor's premises.
Noise zones within the Town of Cromwell shall be classified as to zoning applicable for the parcel or tract of land and the surrounding parcels or tracts. Noise zones specified herein shall correspond to the following zoning descriptions in the Zoning Regulations and Zoning Map of the Town of Cromwell:
Zone | Actual or Intended Use | Current Zoning** |
---|
A | Residential | A-40, A-25, A-15, PRD-1, PRD-2 |
B | Commercial | B, DB, PO, WMXD |
C | Industrial | I |
NOTES: ** Based on the Zoning Regulations and Zoning Map of the Town of Cromwell. |
In addition to the
noise prohibitions in §
168-5, no person shall unload or cause to be unloaded delivery trucks within 200 feet of a residential district between one hour after sundown and 7:00 a.m.
The following activities are prohibited:
A. Motor vehicle noise. All motor vehicles operated within the limits of the Town of Cromwell shall be subject to the noise standards and decibel levels set forth in the regulations authorized in Section 14-80a of the Connecticut General Statutes.
B. Motor vehicle sound-amplifying devices. No sound-amplifying devices on or within motor vehicles shall emit
noise in excess of the
noise levels as specified in §
168-5.
C. Unregistered recreational vehicle
noise. No person shall create or cause to be created any unreasonably loud or disturbing
noise due to the operation of an unregistered recreational vehicle. A
noise shall be deemed to be unreasonably loud and a violation of this chapter when the
noise so generated exceeds the
noise level standards set forth in §
168-5.
Any person in violation of any of the sections of this chapter shall be fined in an amount not to exceed $50. Each day that such violation continues after the time for correction of the violation given in an order shall constitute a continuing violation, and the amount of the fine shall be doubled for each day said violation continues, said fine not to exceed $400 per day.
All provisions of the Zoning Regulations of the Town of Cromwell which are more stringent than those set forth herein shall remain in force. If, for any reason, any word, clause, paragraph or section of this chapter shall be held to make the same unconstitutional or be superseded by any state law or regulation, this chapter shall not thereby be invalidated, and the remainder of this chapter shall continue in effect.