[HISTORY: Adopted by the Town of Brookfield as indicated
in article histories. Amendments noted where applicable.]
[Adopted by the Board of Selectmen 7-16-2001]
It is the intention of this article to carry out and effectuate
the public policy of the State of Connecticut, the federal government
and the Town of Brookfield concerning the regulation of those activities
causing measurably excessive noise and noise disturbance within the
Town of Brookfield. It is recognized that excessive noise is a serious
hazard to the health, welfare and quality of life of all citizens
and that each person has a right to an environment free from noise
that may jeopardize their health, safety or welfare.
The following definitions shall apply in the interpretation
and enforcement of this article.
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.
Those areas designated for commercial use in the Zoning Regulations
of the Town of Brookfield.
Hours between 7:30 a.m. and 7:30 p.m., Monday through Saturday,
and the hours between 10:00 a.m. and 7:30 p.m. on Sundays and holidays.
A unit of measurement of the sound level.
Any occurrence involving actual or imminent danger to persons
or damage to property which demands immediate action.
Any sound, the intensity of which exceeds the standard set forth in § 159-3 of this article.
Noise of short duration, usually less than one second, with
an abrupt onset and rapid decay.
Those areas designated for industrial use in the Zoning Regulations
of the Town of Brookfield.
A device with an audible signal which, when activated, indicates
intrusion by an unauthorized person. Such alarm may be attached to,
or within, a building, structure, property or vehicle.
All engine- or motor-powered garden or maintenance tools
intended for occasional use in residential districts, typically capable
of being used by a homeowner, including, but not limited to, lawn
mowers, riding tractors, snowblowers, and including equipment intended
for infrequent service work in inhabited areas, typically requiring
skilled operators, including, but not limited to, chainsaws, log chippers
or paving rollers.
Shall be given that meaning which is provided for by Connecticut
General Statutes, § 14-1(a)(47).[1]
The hours between 7:30 p.m. and 7:30 a.m., Sunday evening
through Saturday morning, except that "nighttime hours" shall mean
the hours between 7:30 p.m. Saturday and 10:00 an. on Sunday and 7:30
p.m. of the day preceding a recognized national holiday and 10:00
a.m. on said holiday.
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.
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.
Those areas designated for residential use in the Zoning
Regulations of the Town of Brookfield.[2]
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, including a microphone, an amplifier, an output
meter, and frequency weighting networks for the measurement of sound
levels. The sound level meter shall conform to the ANSI Specifications
for Sound Level Meters, S1.4-1971.
A.
Noise zones within the Town of Brookfield shall be classified according
to the zoning applicable to the parcel or tract of land from which
noise is emitted and the surrounding parcels or tracts on which noise
is received, provided that any parcel whose use is lawfully nonconforming
to its zone at the time this article is enacted shall be classified
for noise emission purposes according to the zone appropriate for
the nonconforming use. 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 section.
Measurements shall be taken at a point that is located approximately
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 or contiguous parcels under the
same ownership, as indicated by the public land records.
|
Zone In Which Emitter is Located
|
Zone in Which Receptor is Located
| |||
|---|---|---|---|---|
|
Residential
| ||||
|
Industrial
(dBA)
|
Commercial
(dBA)
|
Daytime Hours
(dBA)
|
Nighttime Hours
(dBA)
| |
|
Industrial
|
65
|
60
|
55
|
45
|
|
Commercial
|
60
|
60
|
55
|
45
|
|
Residential
|
55
|
55
|
55
|
45
|
B.
No person shall cause or allow the emission of impulse noise in excess
of 80 decibels' peak sound pressure level during the night time
to any residential zone. No person shall cause or allow the emission
of impulse noise in excess of 100 decibels' peak sound pressure
level at any time to any zone.
C.
A person conducting sound measurements shall have been trained in
the techniques and principles of sound measuring equipment and instrumentation.
Instruments used to determine sound level measurements shall be sound
level meters as defined by this article.
In those individual cases where the background noise levels caused by sources not subject to this article 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 level by five dBA, provided that no source subject to the provisions of § 159-3 shall emit noise in excess of 80 dBA at any time, and provided that this section does not decrease the permissible levels set forth in any other section of this article.
Maximum noise levels established pursuant to § 159-3 hereof shall not apply to any noise emitted by or related to:
A.
Natural phenomena.
B.
Any bell or chime from any building clock, school or church.
C.
Any siren, whistle or bell lawfully used by emergency vehicles or
any other alarm system used in an emergency situation. This exclusion
does not include, however, intrusion alarms attached to any building,
structure, or property not terminating within 30 minutes after being
activated or any intrusion alarm attached to a vehicle not terminating
within 10 minutes after being activated. 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.
D.
Warning devices required by OSHA or other state or federal safety
regulations.
E.
Noise created as a result of an emergency, including, but not limited
to, the use of emergency generators.
F.
Noise created by lawn care and maintenance equipment utilized during
daytime hours, as that term is defined in this article, provided that
noise discharged from exhausts is adequately muffled to prevent loud
and/or explosive noises therefrom,
G.
Activities specially licensed or under permit from the Town of Brookfield,
including, but not limited to, parades, sporting events, conceit and
firework displays. This exclusion applies only if noise discharged
from exhausts is adequately muffled to prevent loud and/or explosive
noise therefrom. Moreover, patriotic or public celebrations may not
extend longer than one calendar day.
H.
Noise from snow removal equipment, provided that such equipment shall
be maintained in good repair so as to minimize noise, and noise discharged
from exhausts shall be adequately muffled to prevent loud and/or explosive
noises therefrom.
I.
Utility maintenance, including, but not limited to, the removal of
fallen trees and the installation and repair of utility wires and
poles.
J.
Town of Brookfield construction, road repair, and tree removal operations.
K.
The repair of buildings owned by the Town of Brookfield.
L.
Activities conducted by the Town of Brookfield in a governmental
capacity or by the State of Connecticut or by the government of the
United States.
A.
All motor vehicles operated within the limits of the Town of Brookfield
shall be subject to the noise standards and decibel levels act forth
by Connecticut General Statutes, §§ 14-80 and 14-80a,
and the regulations issued thereunder.
Any person in violation of any of the provisions of this article
shall be fined in the amount of $25 for his or her first violation;
$50 for a subsequent violation occurring within 30 days of his or
her first violation; and $75 for any subsequent violation occurring
within 30 days of any previous violations, not including his or her
first violation occurring pursuant to this section. Each day such
violation continues after the time for correction of the violation
has been given in an order shall constitute a separate violation.
Notification of violation shall be given at the time of the occurrence
of the noise or shortly thereafter in the form of a written notice
of violation,
The Brookfield Police Department shall enforce the provisions
of this article pertaining to the measurement of noise levels and
the issuance of notices of violation.
Any person living or doing business within the Town of Brookfield
may apply for a variance from one or more of the provisions of this
article in accordance with the procedures established by this chapter.[1] No variance shall be issued unless it has been demonstrated
that the proposed activity will not violate any provisions of the
Connecticut Department of Environmental Protection regulations as
set forth in Connecticut General Statutes, § 22a-69 et seq.
[1]
Editor's Note: The phrase "this Chapter" refers to the
Town of Brookfield Zoning Regulations, which are on file in the Town
offices.
