[HISTORY: Adopted by the Town Council of
the Town of Tolland 2-24-1987 by Ord. No. 26; amended in its entirety 5-13-2003. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Noise in parks — See Ch. 112.
Excessive noise must be controlled by the Town
to protect, preserve and promote the public health, safety and welfare.
The Town Council recognizes the fact that people have a right to and
should be ensured an environment free from excessive sound and vibration.
As used in this chapter, the following words
and terms shall have the meanings hereinafter set out:
Noise which exists at a point as a result of the combination
of many distant sources, individually indistinguishable.
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.
The hours between 7:00 a.m. and 10:00 p.m., Monday through
Saturday, and the hours between 9:00 a.m. and 10:00 p.m. on Sunday.
A unit of measurement of the sound level, the symbol for
which is dB.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any sound, the intensity of which exceeds the standards set forth in § 103-6 of this chapter.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay.
A device with an audible signal which, when activated, indicates
intrusion by an unauthorized person.
A vehicle as defined in Subdivision (30) of Section 14-1,
Connecticut General Statutes, Revision of 1958, as amended.
The hours between 10:00 p.m. and 7:00 a.m. Sunday evening
through Saturday morning, and between 10:00 p.m. and 9:00 a.m. Saturday
evening through Sunday morning.
A frequency weighted sound pressure level as measured with
a sound level meter using the A-weighting network. The level so read
is designated dBA.
Any individual, firm, partnership, association, syndicate,
company, trust, corporation, municipality, agency, or political or
administrative subdivision of the state or other legal entity of any
kind.
Any building, structure, land, or portion thereof, including
all appurtenances, owned or controlled by a person.
All engine- or motor-powered tools and equipment used occasionally
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.
A device, either stationary or mobile, producing an audible
signal associated with a set of circumstances involving actual or
imminent danger to persons or damage to property which demands immediate
action.
All activity related to the clearing, cleaning, repair and
upkeep of public roads, sidewalks, sewers, water mains, utilities,
and publicly owned property.
Any nonregistered combustion engine powered vehicle which
is being used for recreational purposes.
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 impinging on the ear.
An instrument used to measure sound levels. A sound level
meter shall conform, as a minimum, to the American National Standards
Institute's operational specifications for sound level meters S1.4-1971
(Type S2A).
Twenty times the logarithm to the base 10 of the ratio of
the pressure of a sound to the reference pressure of 20 micronewtons
per square meter (20 X 10-6 Newtons 1m2) and is expressed in decibels
(dB).
The duly appointed Town Manager of the Town or his designee.
This chapter shall not apply to noise emitted
by or related to:
The following shall be exempt from this chapter,
subject to the special conditions noted:
A.
Noise created by the operation of property maintenance
equipment during daytime hours.
B.
Noise generated by any construction equipment operated
during daytime hours.
C.
Noise created by any recreational activities which
are sanctioned by the Town, including, but not limited to, parades,
sporting events, concerts and firework displays.
D.
Noise created by blasting, provided that the blasting
is conducted between 8:00 a.m. and 5:00 p.m. local time and provided
that a permit for such blasting has been obtained from state or local
authorities.
E.
Noise created by refuse and solid waste collection,
provided that such activity is conducted between 6:00 a.m. and 10:00
p.m.
F.
Noise created by a fire or intrusion alarm which,
from time of activation of the audible signal, emits noise for a period
of time not exceeding 10 minutes when such alarm is attached to a
vehicle or 30 minutes when attached to any building or structure.
G.
Noise created by public facility maintenance during
daytime hours.
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 measurements
shall be sound level meters as defined by this chapter
A.
Noise levels. 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 this
chapter.
B.
Noise level standards. No person shall emit noise
(dBA) exceeding the levels stated herein.
|
Zone in Which Receptor is Located
| ||||
|---|---|---|---|---|
|
Residential
| ||||
|
Zone in Which Emitter is Located
|
CI and TBP
|
NC and GDD
|
Day-
time Hours
|
Night-
time Hours
|
|
CI and TBP
|
70
|
66
|
61
|
51
|
|
NC and GDD
|
62
|
62
|
55
|
45
|
|
Residential
|
62
|
55
|
55
|
45
|
|
Key:
| |
|---|---|
|
CI
|
Commercial Industrial Zone
|
|
TBP
|
Tolland Business Park
|
|
GDD
|
Gateway Design District
|
|
NC
|
Neighborhood Commercial Zone
|
C.
Background noise and impulse noise.
(1)
In those individual cases where the background noise
levels caused by sources not subject to this chapter exceed the standards
contained herein, a source shall be considered to cause excessive
noise if the noise emitted by such source exceeds the background noise
levels by five dBA, provided that no source subject to this chapter
shall emit noise in excess of 80 dBA at any time, and provided that
this subsection shall not be interpreted as decreasing the noise level
standards of this section.
(2)
No person shall cause or allow the emission of impulse
noise in excess of 80 dB peak sound pressure level during nighttime
hours.
(3)
No person shall cause or allow the emission of impulse
noise in excess of 100 dB peak sound pressure level at any time.
D.
Motor vehicle noises.
(1)
All motor vehicles operated within the limits of the
Town shall be subject to the noise standards and decibel levels as
set forth in the Connecticut Department of Motor Vehicles Regulations
Sections 14-80a-1a through 14-80a-10a, entitled "Maximum Permissible
Noise Levels for Vehicles."
[Amended 10-24-2006]
(2)
No sound amplifying devices on or within motor vehicles
shall emit noise in excess of the noise levels as specified in this
section.
E.
Recreational vehicle noise. No person shall create
or cause to be created any unreasonably loud or disturbing noise due
to the operation of a recreational vehicle. All recreational vehicles
operated within the limits of the Town shall be subject to the noise
standards and decibel levels set forth in the Connecticut Department
of Motor Vehicles Regulations Sections 14-80a-1a through 14-80a-10a,
entitled "Maximum Permissible Noise Levels for Vehicles."
[Amended 10-24-2006]
A.
Any person in violation of any of the provisions of
this chapter shall be guilty of a violation and, upon conviction thereof,
shall be fined in an amount of $100. An agent or agents designated
by the Town Manager shall serve upon a violator a citation. Payment
of the fine prescribed by such citation within the time limit specified
thereon shall constitute a plea of nolo contendere and shall save
the violator harmless from prosecution for the offense cited.
B.
Each day a violation continues after the time for
correction of the violation has been given in a ticket 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.
A.
Any person residing or doing business in Tolland 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 Protection's regulations for the control of noise,
provided that the applicant supplies all of the following information
to the Town Manager at least 20 days prior to the start of said activity:
B.
No variance 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 at least five days prior to the proposed
start of said activity. The approval or rejection shall be in writing
and shall state the condition of approval, if any, or the reasons
for rejection.
D.
Failure to rule on the application in the designated
time shall constitute approval of the variance.
A.
Any person receiving such a citation shall be allowed
a period of 30 days from his or her receipt of the citation to make
an uncontested payment of the fine specified in the citation to the
Town of Tolland. If the citation has been sent by regular mail, the
day of receipt of the citation shall be deemed to be three business
days after the day of mailing of the citation.
B.
If a person who has been issued a citation does not make uncontested payment of the fine specified in the citation to the Town within the time allowed under Subsection A of this section, at any time within 12 months from the expiration of the final period for the uncontested payment of the fine, the designated noise enforcement agent shall send a notice to the person cited, informing such person:
(1)
Of the allegations against him or her and the amount
of the fines.
(2)
That the person cited may contest liability before a hearing officer appointed by the Town Manager, as provided in Subsection F of this section, by delivering, in person or by mail, within 10 days of the date of the notice, a written demand for a hearing.
(3)
That if the person cited does not demand such a hearing,
an assessment and judgment shall be entered against him or her.
(4)
That such a judgment may issue without further notice.
C.
If the person who is sent notice pursuant to subsection of this section wishes to admit liability for any alleged violation, he or she may, without requesting a hearing, pay the full amount of the fine, either in person or by mail, to the designated agent. All fines shall be made payable to the Town of Tolland. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the notice described in Subsection B of this section shall be deemed to have admitted liability, and the designated noise enforcement agent shall certify to the hearing officer that such person has failed to respond. The hearing officer shall thereupon enter and assess the fines provided for by this section and shall follow procedures set forth in Subsection E of this section.
D.
Any person who requests a hearing shall be given written
notice of the date, time and place for the hearing. Such hearing shall
be held no less than 15 days nor more than 30 days from the date of
the mailing of the notice, provided that the hearing officer shall
grant, upon good cause shown, any reasonable request by any interested
party for postponement or continuance. The presence of the designated
noise enforcement agent shall be required at the hearing if requested
by the person who was issued the citation. A person wishing to contest
liability shall appear at the hearing and may present evidence on
his or her behalf. The designated noise enforcement agent may present
evidence on behalf of the municipality. If the person who received
the citation fails to appear, the hearing officer may enter an assessment
by default against him or her upon finding of proper notice and liability
under the applicable provisions of this section. The hearing officer
may accept written information by mail from the person who received
the citation and may determine thereby that the appearance of such
person is unnecessary. The hearing officer shall conduct the hearing
in the order and form and with such methods of proof as he or she
deems fair and appropriate. The rules regarding admissibility of evidence
shall not be strictly applied, but all testimony shall be given under
oath or affirmation. The hearing officer shall announce his or her
decision at the end of the hearing. If the hearing officer determines
that the person who received the citation is not liable, the hearing
officer shall dismiss the matter and enter that determination in writing
accordingly. If the hearing officer determines that the person who
received the citation is liable for the violation, the Hearing officer
shall forthwith enter and assess the fines against such person as
provided by this section.
E.
If such assessment is not paid on the date of its
entry, the hearing officer shall send by first-class mail a notice
of the assessment to the person found liable and shall file, not less
than 30 days nor more than 12 months after such mailing, a certified
copy of the notice of assessment with the Clerk of the Rockville Superior
Court, together with an entry fee of $8. Further proceedings may then
be held pursuant to the applicable provisions of the Connecticut General
Statutes.
F.
The Town Manager shall appoint one or more citation
hearing officer(s) to conduct the hearings provided by this section.
Neither the designated noise enforcement agent nor any employee of
the Town of Tolland may be appointed as a hearing officer pursuant
to this section.
All provisions of the Zoning Regulations[1] of the Town, which are more stringent than those set forth
herein, shall remain in force. If, for any reason, any work, clause,
paragraph or section of this chapter shall be held to make the same
unconstitutional or superseded by any state law or regulation, this
chapter shall not thereby be invalidated and the remainder of the
chapter shall continue in effect.
