[HISTORY: Adopted by the Board of Selectmen
of the Town of Guilford 6-18-2007, effective 7-29-2007. Amendments noted where applicable.]
The title of this chapter shall be the "Town
of Guilford Noise Control Ordinance."
The policy of the state under C.G.S. § 22a-67
is to promote an environment free from noise that jeopardizes the
health and welfare of the citizens. 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
welfare 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 Guilford through reduction, control and
prevention of noise.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
Noise of a measurable intensity which exists at a point as
a result of a combination of many distant sources individually indistinguishable.
The Board of Selectmen of the Town of Guilford or a duly
authorized officer.
As defined and set forth in Article II of Chapter 273, Zoning, of the Code of the Town of Guilford and all associated uses therewith, either permitted as a right or as a special use.
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, for or of public or private rights-of-way,
structures, utilities or similar properties, but excluding demolition.
Any equipment or device operated by any fuel or electric
power used in construction or demolition work.
The hours between 7:00 a.m. and 10:00 p.m., Monday through
Saturday, and the hours 9:00 a.m. through 10:00 p.m. on Sundays.
A logarithmic unit of measure in measuring magnitudes or
sound; the symbol "dB."
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar properties.
Including but not limited to power saws, drills, grinders,
lawn and garden tools and other domestic power equipment intended
for use in residential areas by a homeowner.
Any occurrence or set of circumstances involving actual or
perceived imminent physical trauma or property damage which demands
immediate action.
Any motor vehicle authorized by the State of Connecticut
to have sound warning devices, such as sirens and bells, which can
lawfully be used when responding to an emergency. (C.G.S. § 14-283).
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 danger.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay.
As defined and set forth in Article II of Chapter 273, Zoning, of the Code of the Town of Guilford and all uses associated therewith, either permitted as a right or as a special use.
Per Section 14-1 of the Connecticut General Statutes.
A device for abating sounds such as escaping gases.
The hours between 10:00 p.m. and 7:00 a.m., Sunday evening
through Saturday morning, except that "night" shall mean the hours
between 10:00 p.m. Saturday and 9:00 a.m. Sunday.
Any sound, the intensity of which exceeds the standards set forth on § 208-5B of this chapter.
The sound pressure level as measured with a sound level meter
using the A-weighting network. The level so read is designated "db(A)"
or "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, and shall include yards, lots, courts, inner yards
and real properties without buildings or improvements owned or controlled
by a person. The emitter's premises includes contiguous publicly dedicated
street and highway rights-of-way, all road rights-of-way and waters
of the state.
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 or controlled by
another person and separates real property from the public right-of-way.
Any street, avenue, boulevard, highway, sidewalk, alley,
park, waterway, railroad or similar place which is owned or controlled
by a governmental entity.
Those residential districts as defined and set forth in Article II of Chapter 273, Zoning, of the Code of the Town of Guilford and all uses associated therewith, either permitted as a right or as a special use.
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 take sound-level measurements and which
should conform, as a minimum, to the operational specifications of
the American National Standards Institute 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 and is expressed in decibels (dB).
For the purpose of determining noise levels
as set forth in this chapter, the following guidelines shall be applicable:
A.
All personnel conducting sound measurements shall
be trained in the current techniques and principles of sound-measuring
equipment and instrumentation.
B.
Instruments used to determine sound-level measurements
shall conform to the sound-level meters as defined by this chapter.
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 wind screen
shall be placed over the microphone of the sound-level meter as per
the manufacturer's instruction.
(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 as
not to be interfered with by individuals conducting the measurements.
(5)
Measurements shall be taken at the point that is located
about one foot beyond the boundary of the emitter's premises within
the receptor's premises. The emitter's premises includes his/her individual
unit of land or group of contiguous parcels under the same ownership
as indicated by public land records.
A.
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.
B.
Noise level standards:
(1)
No person in a residential zone shall emit noise beyond
the boundaries of his/her premises exceeding the levels stated herein
and applicable to adjacent residential, commercial and industrial
zones:
|
Receptor's Zone
| |||||
|---|---|---|---|---|---|
|
Industrial
|
Commercial
|
Residential
|
Residential
| ||
|
Emitter's Zone
| |||||
|
Residential
|
62dBA
|
55dBA
|
Day 55 dBA
|
Night 45 dBA
| |
(2)
No person in a commercial zone shall emit noise beyond
the boundary of his/her premises exceeding the levels stated herein
and applicable to adjacent residential, commercial or industrial zones:
|
Receptor's Zone
| |||||
|---|---|---|---|---|---|
|
Industrial
|
Commercial
|
Residential
|
Residential
| ||
|
Emitter's Zone
| |||||
|
Commercial
|
62dBA
|
62 dBA
|
Day 55 dBA
|
Night 45 dBA
| |
(3)
No person in an industrial zone shall emit noise beyond
the boundary of his/her premises exceeding the levels stated herein
and applicable to adjacent residential, commercial or industrial zones:
|
Receptor's Zone
| |||||
|---|---|---|---|---|---|
|
Industrial
|
Commercial
|
Residential
|
Residential
| ||
|
Emitter's Zone
| |||||
|
Industrial
|
70 dBA
|
66 dBA
|
Day 61 dBA
|
Night 51 dBA
| |
C.
High background noise levels and impulse noise.
(1)
In those individual cases where the background noise
levels caused by sources not subject to these regulations 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 (5) 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
levels of other sections of this chapter.
(2)
No person shall cause or allow the emission of impulse
noise in excess of 80 dB peak sound pressure level during the nighttime
to any residential noise zone.
(3)
No person shall cause or allow the emission of impulse
noise in excess of 100 dB peak sound pressure level at any time to
any zone.
D.
Exclusions. These levels shall not apply to noise
emitted by or related to:
(1)
Natural phenomena.
(2)
Any bell or chime from any building clock, school,
or church.
(3)
Any siren, whistle or bell lawfully used by emergency
vehicles or any other alarm system used in an emergency situation;
provided, however, that burglar alarms not terminating within 30 minutes
after being activated shall be unlawful.
(4)
Warning devices required by the Occupational Safety
and Health Administration or other state or federal safety regulations.
(5)
Farming equipment or farming activity.
E.
Exemptions. The following shall be exempt from these
regulations, subject to special conditions as spelled out:
(1)
Noise generated by any construction equipment which is operated during daytime hours, except no such exemption shall apply after 7:00 p.m. on Saturdays and Sundays. Noise generated by construction equipment during nighttime hours and after 7:00 p.m. on Saturdays and Sundays shall not exceed the maximum noise levels as specified in § 208-5B.
[Amended 7-18-2022]
(2)
Noise created as a result of or relating to an emergency.
(3)
Noise from domestic power equipment such as but not
limited to power saws, sanders, grinders, lawn and garden tools or
similar devices operated during daytime hours.
(4)
Noise from snow removal equipment.
(5)
Noise from demolition work conducted during daytime
hours, except no such exemption shall apply after 7:00 p.m. on Saturdays
and Sundays. When considered emergency work, demolition shall be exempted
at all times from the noise levels set in this regulation.
[Amended 7-18-2022]
(6)
Noise created by any aircraft flight operations which
are specifically permitted by the Federal Aviation Administration.
(7)
Noise created by any recreational activities which
are permitted by law and for which a license or permit has been granted
by the Town or State of Connecticut, including but not limited to
parades, sporting events, concerts and firework displays.
(8)
Noise created by blasting, other than that conducted
in connection with construction activities, shall be exempted, provided
that the blasting is conducted between 8:00 a.m. and 5:00 p.m. local
time at specified hours previously announced to the local public or
provided that a permit for such blasting is obtained from local authorities.
(9)
Noise generated by the police and other established
shooting facilities as permitted by Connecticut firearms laws, C.G.S.
22a-74a.
All refuse collectors shall comply with the
noise level standards as established in this chapter while engaging
in refuse collection at each location. For purposes of this chapter,
the term "refuse collectors" shall be synonymous with private haulers
and all other persons that commercially engage in the collection and
transportation of refuse and other debris.
A.
All motor vehicles operated within the limits of the
Town of Guilford shall be subject to the noise standards and decibel
levels set forth in the regulations authorized in Section 14-80a of
the Connecticut State Statutes.
A.
For the purpose of determining compliance with the
provisions of this chapter, the Board of Selectmen or its 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 premises or refuses inspection, testing or noise measurement
of any activity, device, facility or process where inspection is sought,
the Board of Selectmen or its 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.
B.
It shall be unlawful for any person to refuse to allow
or permit the Board of Selectmen or its designated representative
free access to any premises when the Board of Selectmen or its designated
representative is acting in compliance with a warrant for inspection
and order issued by the appropriate court.
C.
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.
D.
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.
The Chief of Police or his designee is the Town official
responsible for enforcement of this chapter.
B.
Unless otherwise provided, any person who violates
any provision of this chapter may be fined not more than $99 for each
violation. Each day's violation shall be deemed a separate offense.
C.
It shall be the responsibility of the offender to
abate the violation as ordered. In the event the offender does not
abate the violation, the Town may seek injunctive relief in the Superior
Court, including fines, legal fees, and costs.
A.
Any person living or doing business in Guilford may
apply to the Town for a variance from one or more of the provisions
of the chapter which are more stringent than the Connecticut Department
of Environmental Protection regulations for the control of noise,
provided that the applicant supplied all of the following information
to the Board of Selectmen at least 20 days prior to the start of said
activity:
B.
No variance from those regulations shall be used 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 the regulations 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.
The Town of Guilford has all the rights contained
in Chapter 442, § 22A, of the Connecticut General Statutes,
in addition to the regulations contained in this chapter.
B.
All provisions of the Zoning Code[1] of the Town of Guilford, 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, this chapter shall not hereby be
invalidated and the remainder of this chapter shall continue in effect.
Any provision herein which is in conflict with the Connecticut General
Statutes or the Public Health Code of the State of Connecticut is
hereby repealed, it being understood that said statutes and code shall
take precedence over this chapter.
