[HISTORY: Adopted by the Town Council of the Town of Mansfield 3-9-1998,
effective 3-30-1998. Amendments noted where applicable.]
The short title of this chapter shall be the "Town of Mansfield Noise
Control Ordinance."
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 or safety or degrade the quality of life. This chapter is enacted to
protect, preserve and promote the health, safety, welfare and quality of life
for the citizens of Mansfield through the reduction, control and prevention
of noise.
The following definitions shall apply in the interpretation and enforcement
of this chapter:
Noise of a measurable intensity that exists at a point as a result
of a combination of many distant sources individually indistinguishable.
All commercial zones, including PO-1, PO-3, NB-1, NB-2, 11, PB-1,
PB-2, PB-3, PB-4 and PB-5, as defined in the Zoning Regulations of the Town
of Mansfield, or all lots where existing nonconforming commercial uses exist.
Any and all physical activity at a site necessary or incidental to
the erection, placement, demolition, assembling, altering, blasting, cleaning,
repairing, installing or equipping of buildings or other structures, public
or private highways, roads, premises, parks, utility lines or other property
and shall include, but not be limited to, land clearing, grading, excavating,
filling and paving.
The hours between 8:00 a.m. and 9:00 p.m., Monday through Saturday,
and the hours of 10:00 a.m. and 9:00 p.m., Sundays and federal and state holidays.
A logarithmic unit of measure used in measuring magnitudes of sound.
The symbol is 411.
Any occurrence or set of circumstances involving actual or imminent
physical trauma or property damages which demands immediate action.
Any motor vehicle authorized to have sound-warning devices such as
sirens and bells which can lawfully be used when responding to an emergency.
Work made necessary to restore property to a safe condition following
an emergency, or work required to protect persons or property from an emergency.
Any sound of short duration, usually less than one second, with an
abrupt onset and rapid decay.
All industrial zones, including IP and RDILI, as defined by the zoning
regulations of the Town of Mansfield or all lots where existing nonconforming
industrial uses exist.
Defined as per Section 14-1(46) of the Connecticut General Statutes.
Defined as per Section 14-1(47) of the Connecticut General Statutes.
A device for abating sounds such as those produced by escaping gases.
The hours between 9:00 p.m. and 8:00 a.m., Sunday evening through
Saturday morning, and between 9:00 p.m. and 10:00 a.m. Saturday evening through
Sunday morning, and the eve of federal and state holidays through the following
morning.
An individual unit of land or a group of contiguous parcels under
the same ownership as indicated by public records and, as relates to noise
emitters, includes contiguous publicly dedicated street and highway rights-of-way,
railroad rights of way and waters of the state.
A use of a building or land, or both, which does not conform to the
applicable use regulations of the zoning regulations of the Town of Mansfield,
either on its effective date or as a result of subsequent amendments thereof.
Any individual, firm, partnership, association, syndicate, company,
trust, corporation, municipality or other legal entity of any kind.
Any building, structure, land or portion thereof, including all appurtenances,
owned or controlled by a person.
That real or imaginary line along the ground surface and its vertical
extension which separates real property owned or controlled by any person
from continuous real property owned or controlled by another person and separates
real property from the public right-of-way.
All engine- or motor-powered tools and equipment used in the repair
and upkeep of exterior property and including, but not limited to, lawn mowers,
riding tractors, wood chippers, power saws and leaf blowers.
Any street, avenue, boulevard, highway, sidewalk, alley, park, waterway,
railroad or similar place which is owned or controlled by a governmental entity.
All residential zones, including RAR-90, RAR-40, R-40, R-20, RAR-40MF,
DMR and PRD, as defined by the zoning regulations of the Town of Mansfield,
or all lots where existing nonconforming residential uses exist.
A transmission of energy through solid, liquid or gaseous media in
the form of vibrations which constitute alterations in pressure or position
of the particles in the medium and which, in air, evoke physiological sensations,
including but not limited to an auditory response when impinged on the ear.
An instrument used to take sound-level measurements which should
conform, as a minimum, to the operational standards of the American National
Standards Institute for Sound Level Meters (Type S2A).
The duly appointed Town Manager of the town or his designee.
For the purpose of determining noise levels as set forth in this chapter,
the following guidelines shall be applicable:
A.
Law enforcement officers conducting sound measurements
shall be trained in the current technique and principles of sound measuring
equipment and instrumentation.
B.
In all cases, sound levels shall be determined by a sound-level
meter.
C.
The general steps listed below shall be followed when
preparing to take the sound level measurements:
(1)
The instrument manufacturer's specific instructions
for the preparation and use of the instrument shall be followed.
(2)
Measurements taken to determine compliance with this
chapter shall be taken at any elevation and at any point beyond the boundary
of the emitter noise zone and within the receptor's noise zone.
It shall be unlawful for any person to emit or cause to be emitted any
noise beyond the boundaries of his/her premises in excess of the noise levels
established in these regulations.
A.
Noise level standards. Noise level standards shall be
as follows:
|
Receptor's Zone
| |||||
|---|---|---|---|---|---|
|
Emitter's Zone
|
Industrial
|
Commercial
|
Residential/Day
|
Residential/Night
| |
|
Residential
|
62 dBA
|
55 dBA
|
55 dBA
|
45 dBA
| |
|
Commercial
|
62 dBA
|
62 dBA
|
55 dBA
|
45 dBA
| |
|
Industrial
|
70 dBA
|
66 dBA
|
61 dBA
|
51 dBA
| |
B.
High background noise levels and impulse noise.
(1)
In those individual cases where the background noise
levels exceed the standards contained herein, a source shall be considered
to cause excessive noise if the noise emitted by source exceeds the background
noise levels by 5 dBA, provided that no source subject to the provisions of
this chapter shall emit noise in excess of 80 dBA at anytime, and provided
that this section does not decrease the permissible levels of other sections
of this chapter.
(2)
No person shall cause or allow the emission of impulse
noise in excess of 80 dBA peak sound-pressure level during the nighttime in
any residential zone.
(3)
No person shall cause or allow the emission of impulse
noise in excess of 100 dBA peak sound-pressure level at any time in any other
zone.
C.
Motor vehicle noise.
(1)
All motor vehicles operated within the limits of the
Town of Mansfield shall be subject to the noise standards and decibel levels
as found in Title 14, Section 14-80a of the Connecticut General Statutes,
as amended from time to time.
(2)
No power equipment and no sound-amplifying devices on
or within motor vehicles shall emit noise in excess of the noise levels specified
in this chapter.
The following shall be exempt from these regulations, subject to special
conditions as may be spelled out:
A.
Noise generated by construction and demolition activities
pursuant to the issuance of a zoning permit.
B.
Noise created as a result of or relating to an emergency.
C.
Noise from property maintenance equipment, such as but
not limited to power saws, sanders, grinders, lawn and garden tools or similar
devices operated during daytime hours.
D.
Noise from snow removal equipment.
E.
Noise created by any aircraft flight operations which
are specifically preempted by the Federal Aviation Administration.
F.
Noise created by refuse and solid waste collection, provided
that the activity is conducted during daytime hours.
G.
Farming equipment or farming activity.
H.
Sound created by safety and protective devices.
The following acts are deemed unlawful pursuant to the regulations contained
herein. However, this enumeration shall not be deemed exclusive.
A.
Vehicle horns. No person shall at any time sound any
horn or other audible signal device of a motor vehicle unless it is necessary
as a warning to prevent or avoid a traffic accident.
B.
Truck idling. No person shall operate any standing motor
vehicle with a weight in excess of 10,000 pounds, manufacturer's gross
vehicle weight (GVW), for a period in excess of 10 minutes when such vehicle
is parked on or next to a residential premise.
A.
The Director of Public Safety or his designated law enforcement
officers shall enforce this chapter.
B.
During the daytime, any person violating any portion
of this chapter shall receive a verbal order to cease or abate the noise immediately.
If the order to cease or abate the noise is not complied with, or is complied
with and then violated again within 30 days, the person or persons responsible
for the noise shall be charged with a violation of this chapter.
C.
During the nighttime, any law enforcement officer designated
to enforce this chapter need not issue a verbal order before charging any
person with a violation of this chapter.
D.
Any person in violation of any of the provisions contained
in this chapter shall be fined in an amount not to exceed $88.
A.
Any person residing or doing business in Mansfield may
apply to the Town Manager for a variance from one or more of the provisions
of this chapter which are more stringent than the Connecticut Department of
Environmental Protections regulations for the control of noise, provided that
the applicant supplies all of the following information to the Town Manager:
B.
No variances from these regulations shall be issued unless
it has been demonstrated that:
(1)
The proposed activity will not violate any provisions
of the Connecticut Department of Environmental Protection regulations.
(2)
The noise levels generated by the proposed activity will
not constitute a danger to the public health.
(3)
Compliance with this chapter constitutes an unreasonable
hardship on the applicant.
C.
The application for variance shall be reviewed and either
approved or rejected within 15 days of receipt by the Town Manager. The approval
or rejection shall be in writing and shall state the condition(s) of approval,
if any, or the reasons for rejection.
D.
Failure to rule on the application within the designated
time shall constitute approval of the variance.
