[HISTORY: Adopted by the Town of North Haven 5-14-2007
Annual Town Meeting.[1] Amendments noted where applicable.
GENERAL REFERENCES
Alarms — See Ch. 77.
Dogs and other animals — See Ch. 102.
Excavations — See Ch. 110.
Fireworks and firearms — See Ch. 117.
Solicitors, canvassers and hawkers — See Ch. 177.
[1]
Editor's Note: This ordinance superseded former Ch. 146, adopted
8-26-1991 Annual Town Meeting.
Excessive noise poses a danger to the health, safety, and welfare of
persons within the Town of North Haven and a detriment to their quality of
life. Therefore, this chapter is enacted to promote an environment free from
noise that jeopardizes the health, safety, welfare, and quality of life of
persons within the Town of North Haven through the control, reduction, and
prevention of excessive sound and vibration.
When used in this chapter, the terms below shall have the following
meanings:
Noise which exists at a point as a result of the combination of many
distant sources, individually indistinguishable. In statistical terms, it
is the level which is exceeded 90% of the time (L90) in which the measurement
is taken.
Any site preparation, assembly, erection, substantial repair, alteration
or similar action, but excluding demolition for or of public or private rights-of-way,
structures, utilities or similar property.
From 7:00 a.m. to 9:00 p.m., local time.
A logarithmic unit of measure used in measuring magnitudes of sound.
The symbol is dB.
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Any occurrence involving actual or imminent danger to persons or
damage to property which demands immediate action.
The person who creates, causes to be created, or allows the noise.
Any sound, the intensity of which exceeds the standards set forth in § 146-4 of this chapter.
A sound of short duration, usually less than one second, and a high
intensity, with an abrupt onset and rapid delay. Examples include an explosion,
a discharge of a firearm, or a screech.
Sound-pressure variations having frequencies below the audible range
for humans.
Defined as per § 14-1 of the Connecticut General Statutes.
From 9:00 p.m. until 12:00 midnight, and from 12:00 midnight until
7:00 a.m.
Any individual, equipment, machine or other item or thing that creates
a sound.
The absolute maximum value of the instantaneous sound-pressure level
occurring in a specified period of time.
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.
The person who receives the noise impact.
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.
The A-weighted sound pressure level, expressed in decibels (dBA),
measured on a sound level meter property calibrated and operating on the A-weighting
network.
An instrument which includes a microphone, amplifier, RMS detector,
integrator or averager, output meter and weighting networks used to take sound
level measurements, which should conform, at a minimum, to the requirements
set forth in the American National Standards Institute's American National
Standard for Sound Level Meters [ANSI S.1.5-1971 (Type S2A) Sound Level Meter].
Sound-pressure variations having frequencies above the audible sound
spectrum for humans.
A difference between the standards which are required by this chapter
and that which is permitted to exist.
An oscillatory motion of solid bodies of deterministic or random
nature described by displacement, velocity or acceleration with respect to
a given reference point.
A.
Noise zone means an individual unit of land or a group
of contiguous parcels under the same ownership as indicated by public land
records and, as related to noise emitters, includes contiguous publicly dedicated
street and highway rights-of-way, railroad rights-of-way, and waters of the
state.
B.
Noise zones within the Town of North Haven 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
North Haven.
|
Zone
|
Actual or Intended Use
|
Current Zoning*
| |
|---|---|---|---|
|
A
|
Residential and Limited Commercial
|
R, RA, EH, LO, LC, O, OA
| |
|
B
|
Commercial
|
CN, CA, CB
| |
|
C
|
Industrial
|
IL, IG
| |
|
* Based on the Zoning Regulations and Zoning Map of the Town of North
Haven.
| |||
A.
It shall be unlawful for any person to emit or cause
to be emitted any sound beyond the boundaries of his/her/its premises so as
to violate any provisions of this chapter.
B.
Sound level standards. No person shall emit or cause
to be emitted sound beyond the boundaries of his/her/its premises exceeding
the levels stated in the table below and applicable to adjacent residential
(Zone A), commercial (Zone B), or industrial (Zone C) zones when measured
on a receptor's premises:
|
Receptor's Noise Zone
| |||||
|---|---|---|---|---|---|
|
Emitter's Noise Zone
|
Zone C Receptor
|
Zone B Receptor
|
Zone A/Day Receptor
|
Zone A/Night Receptor
| |
|
Zone A Emitter
|
62 dBA
|
55 dBA
|
55 dBA
|
45 dBA
| |
|
Zone B Emitter
|
62 dBA
|
62 dBA
|
55 dBA
|
45 dBA
| |
|
Zone C Emitter
|
70 dBA
|
66 dBA
|
61 dBA
|
51 dBA
| |
C.
High background noise levels. 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 the provisions of this chapter shall emit noise in excess of 80 dBA at any time, and provided that this section does not decrease the permissible noise level standards of Subsection B of this section.
D.
Impulse noise.
(1)
No person shall cause or allow the emission of impulses
noise in excess of 80 decibels peak sound-pressure level during the nighttime
to any residential noise zone.
(2)
No person shall cause or allow the emission of impulse
noise in excess of 100 decibels peak sound-pressure level at any time in any
noise zone.
E.
Infrasonic and ultrasonic sound. No person shall emit
beyond his/her/its property infrasonic or ultrasonic sound in excess of 100
decibels at any time.
A.
All motor vehicles operating within the limits of the
Town of North Haven 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. This section shall apply to all recreational motorized vehicles,
whether or not duly licensed and registered, including but not limited to
commercial or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles,
campers, and dune buggies.
B.
No sound-amplifying devices on or within motor vehicles
shall emit noise in excess of the noise standards and decibel levels set forth
in the regulations authorized in Section 14-80a of the Connecticut General
Statutes.
C.
No person shall operate, or cause to be operated, any
recreational motorized vehicle off a public right-of-way in such a manner
that the sound level emitted therefrom exceeds the noise standards and decibel
levels set forth in the regulations authorized in Section 14-80a of the Connecticut
General Statutes.
No person shall discharge into the ambient air the blow-down of any
steam vent of the exhaust of any stationary internal combustion engine or
air compressor equipment, unless such discharge is through a muffler or through
an apparatus providing equal noise reduction.
This chapter shall not apply to:
A.
Sound generated by natural phenomena, including but not
limited to wind, storms, insects, birds, amphibious creatures and water flowing
in its natural course.
B.
The unamplified sound of human voices.
C.
The unamplified sound made by any wild or domestic animal.
D.
Sound created by bells, carillons or chimes associated
with specific religious observances.
E.
Sound created by a public emergency sound signal attached
to any authorized emergency vehicle in the immediate act of responding to
an emergency or located within or attached to a building, pole or other structure
for the purpose of sounding an alarm relating to fire or civil preparedness.
F.
Sound created by safety and protective devices, provided
that such device is sounded as a warning of imminent danger or from the release
of pressure buildup.
G.
Sound created by intrusion alarms, provided that the
emission of noise from such devices, from the time of activation of audible
signal, does not exceed 10 minutes when attached to any vehicle or 30 minutes
when attached to any building or structure. The repetition of activation of
the audible signal of an intrusion alarm due to malfunction, lack of proper
maintenance, or lack of reasonable care shall be considered excessive noise.
H.
Backup alarms required by Occupational Safety and Health
Administration (OSHA) or other municipal, state, or federal safety regulations.
I.
Farming equipment or farming activity.
The following noise shall be exempted from the provisions of this chapter.
A.
Noise created by signal testing, principally siren-tested
by city fire departments and civil preparedness units.
B.
Noises created by snow removal equipment at any time,
provided that noise discharged from exhausts is adequately muffled to prevent
loud noises therefrom.
C.
Noise created by blasting, provided that the blasting
is conducted between 8:00 a.m. and 5:00 p.m. at specified hours provided for
in the permits necessary to conduct such activity.
D.
Noise generated by the operation of any tools or equipment used in construction, drilling, or demolition work between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays and Sundays provided that the noise generated therefrom does not exceed the limits set forth in § 146-4. This section does not apply to the use of domestic power tools subject to § 146-8E below.
E.
Noise generated by the operation of any mechanically powered or gasoline powered saw, drill, sander, grinder, lawn or garden tool, or other domestic power tool or equipment between the hours of 8:00 a.m. and 9:00 p.m. provided that the noise generated therefrom does not exceed the limits set forth in § 146-4. This section does not apply to the use of snow-removal equipment (see § 146-8B herein).
F.
Noise created by on-site recreational or sporting activity
that is sanctioned by town government, provided that the noise created by
the activity is adequately muffled to prevent loud noises therefrom.
G.
Patriotic or public celebrations not extending longer
than one calendar day, such as parades, carnivals, and firework displays,
are exempted, provided that any necessary permits have been obtained.
H.
Noise created by aircraft or components designed for
or utilized in the development of aircraft.
A.
Instruments used to determine sound level measurements
shall conform to sound level meters as defined by this chapter.
B.
All personnel conducting sound measurements shall be
trained and experienced in the current techniques and principles of sound
measuring equipment and instrumentation.
C.
The general steps listed below shall be followed 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)
The sound level meter shall be calibrated before and
after each set of measurements.
(3)
When measurements are taken out of doors, a windscreen
shall be placed over the microphone of the sound level meter as per the manufacturer's
instructions.
(4)
The sound level meter shall be placed at an angle to
the sound source as specified by the manufacturer's instructions and
at least four feet above the ground. It shall be so placed so as not to be
interfered with by individuals conducting the measurements.
(5)
Measurements shall be taken at a point that is located
about one foot beyond the property line of the emitter's premises within
the receptor's premises. The emitter's premises include his/her/its
individual unit of land or group of contiguous parcels under the same ownership
as indicated by public land records.
(6)
While measurements are being recorded, a continual visual
and aural surveillance of extraneous sound sources shall be made to ensure
that the measurements are due to the sound being investigated. The sound levels
of extraneous sound sources shall be recorded.
(7)
The intentional moving or rendering inaccurate or inoperative
or any sound-monitoring instrument or device positioned or used by or for
The North Haven Police Department, provided that such device or the immediate
area is clearly labeled to warn of the potential illegality, shall be a violation
of this chapter.
A.
The Chief of the North Haven Police Department shall be responsible for enforcing the provisions of this chapter and carrying out the purpose of this chapter as specified in § 146-1. The Chief of Police, or his designated representative, shall have the authority to investigate complaints of noise pollution, shall be responsible for taking acoustic measurements to determine if a violation has occurred, and shall have the authority to issue citations for violations of this chapter.
B.
Inspections.
(1)
For the purposes of determining compliance with the provisions
of this chapter, the Chief of Police or his designated representative is hereby
authorized to make inspections of all noise sources and to take measurements
and make tests, whenever necessary, to determine the quantity and character
of noise. In the event that any person refuses or restricts entry and free
access to any part of a premise, or refuses inspection, testing, or noise
measurement of any activity, device, facility, or process where inspection
is sought, the Chief of Police or his designated representative may seek from
the appropriate court a warrant, without interference, restriction, or obstruction,
at a reasonable time, for the purpose of inspecting, testing, or measuring
noise.
(2)
It shall be unlawful for any person to refuse to allow
or permit the Chief of Police or his designated representative free access
to any premise, when the Chief of Police or his designated representative
is acting in compliance with a warrant for inspection and order issued by
the appropriate court.
(3)
It shall be unlawful for any person to violate the provisions
of any warrant or court order requiring inspection, testing, or measurement
of noise sources.
(4)
No person shall hinder, obstruct, delay, resist, prevent
in any way, interfere or attempt to interfere with any authorized person while
in the performance of his/her duties under this chapter.
A.
No person shall violate or cause the violation of the
provisions of this chapter.
B.
Any person in violation of the provisions of this chapter
shall be fined $100 for the initial violation.
C.
Each day on which a violation occurs or continues shall
be considered a separate violation of this chapter. For the second violation
and each additional violation thereafter, the fine imposed shall be $200.
A.
Any person living or doing business in the Town of North
Haven may apply to the Board of Selectmen for a variance or partial 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 the following
information to the Board of Selectmen at least 30 days prior to the start
of such activity:
B.
No variance from the Chapter shall issue unless it has
been demonstrated that:
(1)
The proposed activity will not violate any provisions
of the Connecticut Department of Environmental Protection's regulations;
(2)
The noise levels generated by the proposed activity will
not constitute a danger to the public health; and
(3)
Compliance with this chapter constitutes an arbitrary
or unreasonable hardship upon the applicant without equal or greater benefits
to the public.
C.
The application for variance shall be reviewed and either
approved or rejected at least five days prior to the proposed start of the
activity. The approval or rejection shall be in writing and shall state the
condition(s) of approval, if any, or the reason(s) for rejection.
D.
Failure of the Board of Selectmen to rule on an application
in the designated time shall constitute approval of the variance.
E.
Any person holding a variance and needing an extension
of time may apply for a new variance under the provisions of this section.
Any such application shall include a certification of compliance with any
condition(s) imposed under the previous variance.
A.
Nothing in this chapter shall authorize the construction
or operation of a stationary noise source in violation of the requirements
of any other applicable state law or regulation.
B.
Nothing in this chapter shall authorize the sale, use,
or operation of a noise source in violation of the laws and regulations of
the Connecticut Department of Environmental Protection, Connecticut Department
of Motor Vehicles, the Federal Aviation Administration, the U.S. Environmental
Protection Agency, or any amendments thereto.
Nothing in any portion of this chapter shall in any manner be construed
as authorizing or legalizing the creation or maintenance of a nuisance, and
compliance of a source with this chapter is not a bar to a claim of nuisance
by any person. A violation of any portion of this chapter shall not be deemed
to create a nuisance per se.
If any provision of this chapter or the application thereof to any person
or circumstances is held to be invalid, such invalidity shall not affect other
provisions or applications of any other part of this chapter which can be
given effect without the invalid provisions or application; and to this end,
the provisions of this chapter and the various applications thereof are declared
to be severable.
