[HISTORY: Adopted by the Council of the City
of Meriden 10-18-1999. Amendments noted where applicable.]
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 City of Meriden through the reduction, control and
prevention of noise.
When used in this chapter, the terms below shall
have the following meanings:
Noise of a measurable intensity which exists at a point as
a result of a combination of many distant sources individually indistinguishable.
The Chief of Police of the City of Meriden or a duly authorized
officer subject to his/her order.
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.
Any equipment or device operated by fuel or electric power
used on construction or demolition.
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.
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.
A unit of measure of the sound level, the symbol for which
is "dB."
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Equipment including, but not limited to, power saws, drills,
grinders, lawn and garden tools and equipment and other power equipment
intended for use in a residential area by a homeowner.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
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.
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.
Any sound, the intensity of which exceeds the standards set forth in § 141-5.
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 to ANSI S127-1986 (R1993).
A device with an audible signal and which, when activated,
indicates an intrusion by an unauthorized person.
All legal holidays designated by the City of Meriden, the
State of Connecticut and the United States of America.
A vehicle as defined in § 14-1(51) of the Connecticut
General Statutes, as amended.
A device for abating sounds such as escaping gas.
The hours between 9:00 p.m. and 7:00 a.m. Sunday evening
through Saturday morning, between 9:00 p.m. and 9:00 a.m. Saturday
evening through Sunday morning, and between 9:00 p.m. and 7:00 a.m.
Monday through Friday.
Any sound, the intensity of which exceeds the standards as
set forth in this chapter.
The sound-pressure level as measured with a sound-level meter.
The sound-pressure level as measured with a sound-level meter
using the A-weighting network. The sound level is designated "dBA."
The sound-pressure level for the sound contained within the
specified preferred octave band stated in dB, as described in ANSI
81.6-1984 (R 1994).
The sound-pressure level for the sound contained within the
specified preferred one-third octave band, stated in dB, as described
in ANSI 81.6-1984 (R 1994).
The absolute maximum value of the instantaneous sound-pressure
level occurring in a specified time period.
Any individual, firm, partnership, association, syndicate,
company, trust, corporation, municipality, agency or administration
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, and including
yards, lots, courts, inner yards and real properties without buildings
or improvements, 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.
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.
Any street, avenue, boulevard, highway, sidewalk, alley,
park, waterway, railroad or similar place which is owned or controlled
by a government entity, over which the public in general has a right
of passage.
Any nonregistered, internal-combustion-engine-powered vehicle
which is being used for recreational purposes.
Those areas so designated in the Zoning Regulations of the
City of Meriden.[3]
A transmission of energy through solid, liquid or gaseous
media in the form of vibrations which constitute alteration in pressure
or position of particles in the medium and which, in air, evoke physiological
sensations, including but not limited to an auditory response when
impinging on the ear.
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,
at a minimum, to Type E, Class II, as specified in ANSI 8I.11-1986
(R 1993).
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 SI. 4-1983
(R 1994).
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.
The A-weighted sound-pressure level expressed in decibels
(dBA), measured on a sound-level meter.
An oscillary motion of sound bodies of deterministic or random
nature described by displacement, velocity, or acceleration with respect
to a given reference point.
For the purpose of determining noise levels
as set forth in this chapter, the following guidelines shall be applicable:
A.
A person conducting sound measurement shall be trained
in the current 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)
If using a sound-level meter, it shall be calibrated
before and after each set of measurements.
(3)
If using a sound-level meter, it shall be placed at
an angle from the sound source as specified by the manufacturer's
instructions and at least four feet above the ground. It shall be
placed at that location so as not to be interfered with by individuals
conducting measurements.
(4)
Measurements to determine compliance with § 141-5 shall be taken at a point that is located more or less than one foot beyond the property line of the noise emitter's premises and within the noise receptor's premises.
(5)
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.
(6)
The intentional moving or rendering inaccurate or
inoperative of any sound-monitoring device or instrument positioned
or used by or for the City of Meriden, provided that such device or
the immediate area is clearly labeled to warn of the potential illegality,
shall be a violation of this chapter.
Noise zones within the City of Meriden 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 City of Meriden:[2]
|
Zone
|
Actual or Intended Use
|
|---|---|
|
Class A
|
Residential
|
|
Class B
|
Commercial
|
|
Class C
|
Industrial
|
|
NOTE: Based on the Zoning Regulations and Zoning
Map of the City of Meriden.
|
A.
No person shall, except as provided in this chapter,
allow or permit the creation, continuance or maintenance of any noise
beyond the property line of his/her premises in excess of the noise
levels established in these regulations.
B.
It shall be unlawful for any person to emit or cause
to be emitted any noise beyond the property lines or boundaries of
his/her premises in excess of the following noise levels:
|
Receptor Zone Class
| |||||
|---|---|---|---|---|---|
|
Emitter Noise Zone
|
C
(dBA)
|
B
(dBA)
|
A-Day
(dBA)
|
A-Night
(dBA)
| |
|
Class C
|
70
|
66
|
61
|
51
| |
|
Class B
|
62
|
62
|
55
|
45
| |
|
Class A
|
62
|
55
|
55
|
45
| |
C.
Impulse noise standards.
(1)
Class A receptor, nighttime. It shall be unlawful
for any person to emit or cause to be emitted any impulse noise beyond
the property lines of his/her premises to a Class A receptor noise
zone during nighttime hours in excess of 80 dB peak sound-pressure
level.
(2)
Any receptor, at any time. It shall be unlawful for
any person to emit or cause to be emitted any impulse noise beyond
the property lines of his/her premises to any receptor noise zone
at any time in excess of 100 dB peak sound-pressure level.
D.
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 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.
A.
General prohibition. It shall be unlawful for any
person to make, continue or cause to be made or continued any loud,
unnecessary or unusual noise or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of others.
B.
Enumeration of prohibited acts. Each of the following
acts, among others, is declared unlawful and is prohibited, but this
enumeration shall not be deemed to be exclusive:
(1)
Animals. The keeping of any animal or bird which by
causing frequent or long-continued noise shall disturb the comfort
or repose of any person in the vicinity.
(2)
Blowing horns, etc. The sounding of any horn or signal
device on any automobile, motorcycle, bus, streetcar or other vehicle
while not in motion, except as a danger signal if another vehicle
is approaching apparently out of control, or if in motion only as
a danger signal after or as brakes are being applied and deceleration
of the vehicle is intended; the creation by means of any such signal
device of any unreasonably load or harsh sound; and the sounding of
such device for an unnecessary and unreasonable period of time.
(3)
Building operations. The erection (including excavating),
demolition, alteration or repair of any building, or the excavation
of streets and highways, other than between the hours of 7:00 a.m.
and 6:00 p.m. on the weekdays, except in the case of urgent necessity
in the interest of public safety, and then only with a permit from
the appropriate municipal department, board or commission, which permit
may be granted for a period not to exceed three days while the emergency
continues.
(4)
Exhaust discharge. The discharge into the open air
of the exhaust of any steam engine, stationary internal combustion
engine, motor vehicle or motorboat engine except through a muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
(5)
Radios, portable radios, cd players, etc. The playing
of any radio, portable radio, CD player, phonograph or any musical
instrument in such a manner or with such volume, particularly during
the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb
the quiet, comfort or repose of persons in any office, or in any dwelling,
hotel or other type of residence, or of any person in the vicinity.
(6)
Shouting, singing, etc. Yelling, shouting, hooting,
whistling or singing on the public street, particularly between the
hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to
annoy or disturb the quiet, comfort or repose of person in any office
or in any dwelling, hotel or other type of residence, or of any person
in the vicinity.
(7)
Steam whistles. The blowing of any steam whistle attached
to any stationary boiler except to give notice of the time to begin
or stop work or as a warning of fire or danger, or upon request of
proper City authorities.
The following activities are prohibited:
A.
Motor vehicle noise. All motor vehicles operated within
the limits of the City of Meriden shall be subject to the noise standards
and decibel levels set forth in the regulations authorized in § 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 § 141-5 of this chapter.
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 § 141-5.
A.
This chapter 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 in an emergency situation.
(4)
A public emergency sound system.
(5)
Warning devices required by the Occupational Safety
and Health Administration or other state or federal safety regulations.
(6)
Farming equipment or farming activity.
(7)
An emergency.
(8)
Snow removal equipment operated at the order of the
City of Meriden.
B.
The following shall be exempt from this chapter, subject
to special conditions as specified:
(1)
Noise generated by any construction equipment which is operated during daytime hours, provided that the operation of construction equipment during nighttime hours shall not exceed the maximum noise levels as specified in § 141-5 of this chapter.
(2)
Noise from domestic power equipment during daytime
hours.
(3)
Noise from demolition work conducted during daytime
hours, provided that, when considered emergency work, demolition shall
be exempted at all times from the noise levels set in this chapter.
(4)
Noise created by aircraft flight operations which
are specifically preempted by the Federal Aviation Administration.
(5)
Noise created by any recreational activities which
are permitted by law and for which a license or permit has been granted
by the City, including but not limited to parades, sporting events,
concerts and fireworks displays.[1]
(6)
Noise created by blasting other than that conducted
in connection with construction activities, provided that the blasting
is conducted between 8:00 a.m. and 5:00 p.m. local time, at a specified
hour previously announced to the local public, and provided that a
permit for such blasting has been obtained from local authorities.
(7)
Noise created by leaf, refuse and solid waste collection,
provided that the activity is conducted during daytime hours.
(8)
Noise created by a fire or intrusion alarm, from the
time of activation of the audible signal for a period of time not
exceeding 10 minutes, when such alarm is attached to any building
or structure.
(9)
Noise generated by engine-powered or motor-driven
lawn care or maintenance equipment on Class A property between the
hours of 8:00 a.m. and 9:00 p.m., provided that noise discharge from
exhaust is adequately muffled to prevent loud noises therefrom.
(10)
Public-address systems used in election campaign
activities during daytime hours only.
A.
The provisions of this chapter may be enforced by
citation, in addition to other remedies. The following persons have
authority to issue citations for violations pursuant to these sections:
the Police Department.
B.
Any person in violation of any of the sections of
this chapter shall be fined in an amount not to exceed $77. 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 $500 per day.
A.
Any person living or doing business in the City of
Meriden may apply to the Chief of Police or his designee for a variance
from one or more of the provisions of this chapter which are more
stringent than the Connecticut Department of Environmental Protection
regulations for the control of noise, provided that the applicant
supplies all of the following information to the Chief of Police or
his designee at least 20 days prior to the start of the activity for
which the variance is sought:
B.
No variance from this chapter shall be granted 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; and
(3)
Compliance with this chapter constitutes an unreasonable
hardship on the applicant.
C.
The application for a variance shall be reviewed and
approved or rejected at least five days prior to the start of the
proposed activity by the Chief of Police or his authorized agent.
Approval or rejection shall be made in writing and shall state the
condition(s) of approval, if any, or the reason(s) for rejection.
D.
Failure to rule on an application within the designated
time shall constitute approval of the variance.
All provisions of the Zoning Regulations of
the City of Meriden 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. Any provision herein which
is in conflict with the Connecticut General Statutes, the Connecticut
Department of Environmental Protection regulations or the Public Health
Code of the State of Connecticut is hereby repealed, it being understood
that the statutes and code shall take precedence over this chapter.
