The short title of this chapter is "West Haven 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 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 West Haven
through the reduction, control and prevention of noise.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
AMBIENT NOISE or BACKGROUND NOISE
Noise of a measurable intensity which exists at a point as
a result of a 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.
COMMERCIAL ZONE
All commercial districts and business districts, including
NB, RB, CBD, and CPD as defined in the zoning regulations of the City
of West Haven, and all uses associated therewith permitted either
as a right or as a special use. "Commercial" shall also include SPD
and RCPD design zones.
CONSTRUCTION
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.
CONSTRUCTION EQUIPMENT
Any equipment or device operated by fuel or electric power
or air or hydraulic pressure, used in construction or demolition work.
DECIBEL
A logarithmic unit of measure used in measuring magnitudes
of sound. The symbol is dB. SPL (sound-pressure level) is defined
as:
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SPL = 20 log
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P in dB
Po
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Where Po = 0.0002 microbars
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DEMOLITION
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
DOMESTIC POWER EQUIPMENT
Power saws, drills, grinders, lawn and garden tools and other
domestic power equipment intended for use in residential areas by
a homeowner.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
EMERGENCY VEHICLE
Any motor vehicle authorized by the City of West Haven to
have soundwarning devices, such as sirens and bells, which can lawfully
be used when responding to an emergency.
EMERGENCY WORK
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.
IMPULSE NOISE
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay.
INDUSTRIAL ZONE
All industrial districts as defined by the zoning regulations
of the City of West Haven, including but not limited to LM and HM
Districts.
MOTOR VEHICLE
Defined as per Section 14-1(26) of the Connecticut General
Statutes.
MUFFLER
A device for abating sounds such as those produced by escaping
gases.
NOISE
Any sound, the intensity of which exceeds the standards set forth in §
154-5B of this chapter.
NOISE LEVEL
The sound-pressure level in decibels as measured with a sound-level
meter using the Aweighting network. The level so read is designated
dB(A) or dBA.
PERSON
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.
PREMISES
Any building, structure, land or portion thereof, including
all appurtenances, and includes 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.
PROPERTY LINE
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.
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.
RECREATIONAL VEHICLE
Any internal-combustion-engine-powered vehicle which is being
used for recreational purposes.
RESIDENTIAL ZONE
All City-owned property used for recreational or educational
purposes and all residential districts (R1, R2, R3, R4, R5, RPD and
RCPD) and any commercial district when used for residential purposes,
as defined in the zoning regulations of the City of West Haven and
all uses permitted therewith either as a right or as a special use.
SOUND
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.
SOUND-LEVEL METER
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).
SOUND-PRESSURE LEVEL
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 by 10 newtons/meter) and which 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
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 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 boundary of the emitter's premises within the
receptor's premises. The emitter's premises includes his/her
individual unit of land or ground of contiguous parcels under the
same ownership, as indicated by public land records.
D. The recommended practices for determining statistical noise levels
shall be those as outlined in the document entitled "Connecticut Noise
Survey Data Form 101."
The following activities are prohibited:
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. Emissions from stationary or idling mobile sources. No mobile source
engine shall be allowed to operate for more than three consecutive
minutes when the mobile source is not in motion except as follows:
(1) When a mobile source is forced to remain motionless because of traffic
conditions or mechanical difficulties over which the operator has
no control;
(2) When it is necessary to operate heating, cooling or auxiliary equipment
installed on the mobile source when such equipment is necessary to
accomplish the intended use of the mobile source;
(3) To bring the mobile source to the manufacturer's recommended
operating temperature;
(4) When the outdoor temperature is below 20° F.
(5) When the mobile source is being repaired.
C. Exhaust discharge. No person shall discharge into the ambient air the blowdown of any steam vent or the exhaust of any stationary internal-combustion engine or air compressor equipment unless such discharge is through a muffler as defined by §
154-3 of this chapter or through an apparatus providing equal noise reduction. This section shall also be subject to the prohibitions of §
154-5.
No person shall create or cause to be created any unreasonably loud or disturbing noise due to the operation of a 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 §
154-5B.
Any person in violation of any of the provisions of this chapter
shall be fined in an amount not to exceed $99. Each day such violation
continues shall constitute a separate violation.
Notwithstanding anything contained here to the contrary, § 54-5E(1)
and (5) shall be enforced by the Chief of Police and/or his designated
subordinates and/or the Director of Heath and/or his designated subordinates.