[HISTORY: Adopted by the Town Council of
the Town of Stratford 9-9-1985. Amendments noted where applicable.]
The short title of this chapter shall be the
"Town of Stratford 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 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 Stratford through the reduction, control and prevention of noise.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
Any engine-powered device that is used or intended to be
used for flight in the air and is capable of carrying humans. "Aircraft"
shall include civil, military, general aviation and VTOL/STOL aircraft.
Any aircraft designed for, and capable of, short takeoff
and landing operations.
Any aircraft designed for, and capable of, vertical takeoff
and landing operations, such as but not limited to helicopters.
An area of land or water that is used, or intended to be
used, for the landing and takeoff of aircraft and is licensed by the
State of Connecticut Bureau of Aeronautics for such use. "Airport"
shall include all buildings and facilities, if any. "Airport" shall
include any facility used, or intended for use, as a landing and takeoff
area for VTOL/STOL aircraft, including but not limited to heliports.
Noise of a measurable intensity which exists at a point as
a result of a combination of many distant sources individually indistinguishable.
Any business zone, Commercial Districts CA and LB, as defined
in the Zoning Regulations of the Town of Stratford.[1] "Industrial Districts" shall consist of Zones MA and MB.
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.
Any equipment or device operated by fuel or electric power
used in construction or demolition work.
The hours between 8:00 a.m. and 8:00 p.m., Monday morning
through Friday evening, and the hours 8:00 a.m. to 10:00 p.m. on Saturday
and the hours 9:00 a.m. to 8:00 p.m. on Sunday, with the Saturday
and Sunday hours in effect on the day before and the day of federal
and state holidays; provided, however, that the same shall mean the
hours between 8:00 a.m. and 9:00 p.m., Monday morning through Friday
evening, and the hours 8:00 a.m. to 10:00 p.m. on Saturday and the
hours 9:00 a.m. to 9:00 p.m. on Sunday, with the Saturday and Sunday
hours in effect on the day before and the day of federal and state
holidays during daylight savings 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.
Means, but is 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
imminent physical trauma or property damage which demands immediate
action.
Any motor vehicle authorized by the Town of Stratford to
have sound warning devices such as signs 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 danger.
Sound of short duration (generally less than one second)
with an abrupt onset and rapid delay.
Any Industrial Zone, including Light Industrial and Heavy
Industrial as defined in the Zoning Regulations of the Town of Stratford.[2]
Any vessel, not more than 65 feet in length and propelled
by machinery, whether or not such machinery is the principal source
of propulsion.
As per Section 14-1 of the Connecticut General Statutes.
As per Section 14-1(30) of the Connecticut General Statues,
Revision of 1958, as amended.
A device for abating sounds such as escaping gases.
The hours between 8:00 p.m. and 8:00 a.m., Sunday evening
through Saturday morning, and the hours 10:00 p.m. to 9:00 a.m., Saturday
evening through Sunday morning, with the Saturday evening and Sunday
morning hours in effect on the night before and the day of federal
and state holidays; provided, however, that the same shall mean the
hours between 9:00 p.m. and 8:00 a.m., Sunday evening through Saturday
morning, and the hours 10:00 p.m. to 9:00 a.m., Saturday evening through
Sunday morning, with the Saturday evening and Sunday morning hours
in effect on the night before and day of federal and state holidays
during daylight savings time.
Any sound, the intensity of which exceeds the standards set forth in § 142-5.
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 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.
Any nonregistered internal-combustion-engine-powered vehicle
which is being used for recreational purposes.
Consists of Zones RS-1, RS-2, RS-3, RS-4, RM-1, as defined
in the Zoning Regulations of the Town of Stratford.[3]
A transmission of energy through solid, liquid or gaseous
media in the form of vibrations which constitute alternations in pressure
or position of the particles in the medium and which in the 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,"
S 1.4--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 twenty micronewtons
per square meter (20 x 10-6 N/M2) and is expressed in decibels (dB).
The Town Council of the Town of Stratford.
An oscillatory 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.
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 soundlevel 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 placed on slow response
and shall be calibrated before and after each set of measurements.
(3)
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.
(4)
Measurements shall be taken at a point that is located
about one foot beyond the boundary of the emitter's premises, within
the noise 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 this chapter.
B.
Noise-level standards:
(1)
Standards established.
|
Receptor's Zone Emitter's Zone
|
Industrial
(dBa)
|
Commercial
(dBa)
|
Residential
(dBa)
|
Residential
(dBa)
| |
|---|---|---|---|---|---|
|
Residential
|
62
|
55
|
55
|
45
| |
|
Commercial
|
62
|
62
|
55
|
45
| |
|
Industrial
|
70
|
66
|
61
|
51
|
(2)
In the event that noise is emitted from any source
from a use which is otherwise not permitted within any zoning district,
or that noise is emitted from an adjacent property within a zoning
district which affects a use which is otherwise not permitted within
said zoning district, the noise level standard applicable to said
emitted noise shall be that for the zoning district of the property
which is affected by said emitted noise.
[Added 12-8-2005 by Ord. No. 05-35]
C.
High background noise levels 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 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 the emission of impulse noise
in excess of 80 dB peak sound-pres sure 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 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, schools
or church.
(3)
Any siren, whistle or bell lawfully used by emergency
vehicles or any other alarm systems 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 operated within
an area used strictly for farming.
(6)
Sound created by any mobile source of noise. Mobile
sources of noise shall include but are not limited to such sources
as aircraft and trucks. This exclusion shall cease to apply when a
mobile source of noise has maneuvered into position at the loading
dock, or similar facility, has turned off its engine and ancillary
equipment and has begun the physical process of removing the contents
of the vehicle.
E.
Exemptions. The following shall be exempt from this
chapter subject to special conditions as spelled out:
(1)
Noise created as a result of, or relating to, an emergency.
(2)
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.
(3)
Noise from snow-removal equipment operated by the
Town.
(4)
Noise created by any recreational activities which
are permitted by law and for which a license or permit has been granted
by the Town, including but not limited to parades, sporting events,
concerts and fireworks displays.
(5)
Noise created by refuse and solid waste collection,
provided that the activity is conducted during daytime hours and provided
further that for the purposes of this subsection daytime hours shall
commence at 7:00 a.m., and any activity undertaken by the Town of
Stratford in a governmental capacity.
[Amended 7-14-1986]
(6)
Noise generated by any construction equipment which is operated during daytime hours, provided that operation of construction equipment during nighttime hours shall not exceed the maximum noise levels as specified in § 142-5.
(7)
Noise that originates at airports that is directly
caused by aircraft flight operations specifically preempted by the
Federal Aviation Administration.
(8)
Noise created by aircraft, or aircraft propulsion
components designed for or utilized in the development of aircraft,
under test conditions.
(9)
Noise created by products undergoing test, where one
of the primary purposes of the test is evaluation of product noise
characteristics and where practical noise control measures have been
taken.
(10)
Existing noise sources. Existing noise sources constructed
between June 15, 1978, and January 1, 1960, shall be provided a permanent
five dBA maximum noise-level allowance over levels otherwise herein
required, regardless of subsequent changes in ownership or facility
utilization processes at the location of the existing noise source.
Existing noise sources constructed prior to 1960 shall be provided
a permanent 10 dBA maximum noise-level allowance over levels otherwise
herein required regardless of subsequent changes in ownership or facility
utilization processes at the location of the existing noise source.
(11)
Adaptive reuse of existing buildings: Buildings and
other structures that exist as of June 15, 1978, which have been remodeled
or converted for adaptive reuse or which may be remodeled or converted
at a future date shall be provided a permanent five dBA maximum noise-level
allowance above the emitter class of the new use of the buildings
over levels otherwise herein required.
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)
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 loud or harsh sound; and the sounding of
such device for an unnecessary and unreasonable period of time.
(2)
Radios, phonographs, etc. The playing of any radio,
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.
(3)
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 in any dwelling, hotel or other type of residence or of
any person in the vicinity.
(4)
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.
(5)
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.
(6)
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.
(7)
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 weekdays, except in care of urgent necessity in the
interest of public safety and then only with a permit from the Board
of Building Commissioners, which permit may be granted for a period
not to exceed three days while the emergency continues.
(8)
Loading and unloading operations. The creation of
a loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates
and containers.
(9)
Truck idling. No person shall operate an engine or
any standing motor vehicle with a weight in excess of 10,000 pounds
manufacturer's gross vehicle weight (GVW) for a period in excess of
10 minutes when such vehicle is parked on a residential premises or
on a Town road next to a residential premises.
A.
All motor vehicles operated within the limits of the
Town of Stratford 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.
B.
No sound-amplifying devices on or within motor vehicles shall emit noise in excess of noise levels as specified in § 142-5.
C.
This section dealing with motor vehicle noise shall
be enforced by the Chief of Police and/or his designated subordinates.
[Added 7-13-2009 by Ord. No. 09-07]
A.
It is
unlawful for the operator of any motorcycle vehicle in the Town of
Stratford to unnecessarily race his or her engine or backfire same
or cause any other unnecessary engine noise.
B.
No person
shall operate any motorcycle vehicle in the Town of Stratford in such
a manner that the public's attention is drawn to the noise created
by the motor vehicle: provided, however, this provision shall not
apply to any noise created by a governmental enity in the performance
of its official duty.
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 standard set forth in § 142-5.
A.
For the purpose of determining compliance with the
provisions of this chapter the Director of Health 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 from regulated sources.
B.
It shall be unlawful for any person to refuse to allow
or permit the Director of Health or his designated representative
free access to any premises when the Director of Health or his designated
representative is acting in compliance with a warrant for the 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 with or attempt to interfere with any authorized
person while in the performance of his/her duties under this chapter.
[Amended 12-8-2005 by Ord. No. 05-35; 7-13-2009 by Ord. No.
09-10]
A.
Any person
who violates any provision of this chapter shall be fined $100 for
the first offense, $250 for a second offense within one year of the
first offense, and $500 for each subsequent offense within one year
of the first offense.
B.
Any violation
of any provision of this chapter which either continues for or is
repeated more than 30 minutes after the issuance of violation to cease
said activities shall constitute a separate offense.
C.
Each day
that such violation continues after the time for correction of the
same has expired shall constitute a separate offense.
D.
In addition
to, or in lieu of, the imposition of said fines, the Town may apply
to a court of competent jurisdiction for an order to cease or abate
such violation.
A.
Variances.
(1)
Any person living or doing business in the Town of
Stratford may apply to the Department of Health 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
the following information to the Director of Health:
(2)
No variance from this chapter shall be issued unless
it has been demonstrated that:
(a)
The proposed activity will not violate any provisions
of the Connecticut Department of Environmental Protection regulations.
(b)
The noise levels generated by the proposed activity
will not constitute a danger to the public health.
(c)
Compliance with this chapter constitutes an
unreasonable hardship on the applicant.
(3)
The application for variance shall be reviewed and
either approved or rejected within 15 days of receipt by the Director
of Health. The approval or rejection shall be in writing and shall
state the condition(s) of approval of the variance.
(4)
Failure to rule on the application in the designated
time shall constitute approval of the variance.
(5)
The filing of an application for a variance shall
operate as a stay of prosecution, except that such stay may be terminated
by the Director of Health upon application of any party if the Director
of Health finds that the protection of the public health so requires.
[Added 6-9-1986]
B.
Recourse. Any person aggrieved by the decision of
the Director of Health with respect to any variances may appeal to
the Town Council within a period of 10 days of receipt of the Health
Director's decision.
C.
Contracts. Any written agreement, purchase order or
contract whereby the Town of Stratford is committed to an expenditure
of funds in return for work, labor, services, supplies, equipment,
materials or any combination thereof shall not be entered into unless
such agreement, purchase order or instrument contains provisions that
any equipment or activities which are subject to the provisions of
this chapter shall be operated, constructed, conducted or manufactured
without violating the provisions of this chapter.
