[HISTORY: Adopted by the Town Council of the Town of Southington
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-14-1993[1] (Ch. 9, Art. III, of the 1989 Code)]
[1]
Editor's Note: Ordinance (of 9-14-1993) not certified by Connecticut
Department of Environmental Protection - unenforceable.
The making, creation or maintenance of unreasonably loud or
disturbing noises, as proscribed in this article, affects and is a
detriment to the public health, comfort, convenience, safety, welfare,
peace and quiet of persons within the Town of Southington. The purpose
of this article is to protect, preserve and promote the public health,
safety and welfare insofar as they are affected by the creation and
maintenance of excessive, unnecessary or unreasonably loud noise,
as defined by this article. The article prescribes a minimum and uniform
standard governing the creation and maintenance of noise levels in
the community in certain areas and by regulation of certain types
of activities as specifically described herein.
This article is adopted pursuant to the provisions of Section
22a-73 of the Connecticut General Statutes. This article is intended
to conform to Section 22a-69 of the Connecticut General Statutes,
except that this article may prescribe a more stringent noise standard
as permitted in Section 22a-73(c) of the Connecticut General Statutes.
In the event decibel levels conflict with state statute, the state
statute shall prevail.
The following definitions shall apply in the interpretation
and enforcement of this article. Where terms are not defined under
the provisions of this article and are defined in the noise regulations
of the Connecticut Department of Energy and Environmental Protection
(C.G.S. §§ 22a-69-1.1 and 22a-69-1.2), they shall have
the same meanings ascribed to them in those regulations. Otherwise,
they shall have ascribed to them their ordinarily accepted meanings
or such as the context herein may imply.
The hours between 7:00 a.m. and 7:00 p.m. Monday through
Friday, and the hours between 9:00 a.m. and 9:00 p.m. on Saturday
and Sunday (local time).
[Amended 10-9-2012]
Emitter noise zone levels from noise sources exceeding the standards set forth in § 300-5A of this article beyond the boundary of the emitter's noise zones.
Mobile sources of noise shall include, but are not limited
to, such sources as automobiles, trucks and other vehicles used to
transport individuals or items along public rights-of-way.
The hours between 7:00 p.m. and 7:00 a.m. each Monday through
Friday, and the hours between 9:00 p.m. Saturday and 9:00 a.m. the
following Sunday (local time).
[Amended 10-9-2012]
An individual unit of land or a group of contiguous parcels
under the same ownership as indicated by public land records and,
as relates to noise emitters, includes contiguous publicly dedicated
street and highway rights-of-way, railroad rights-of-way, water bodies,
and waters of the state.
The area bounded by the property line on or in which a source
of noise exists.
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 ANSI specifications
for sound level meters S1.4-1971.
A.
General. Noise zone classifications shall be based on the actual
use of any parcel or tract under single ownership or, in the case
of vacant lands, based on the zoning district in which a parcel is
located as detailed herein and described on the Zoning Map and in
the Zoning Regulations of the Town of Southington.[1]
[1]
Editor's Note: The Town Zoning Regulations are on file and
available in the Planning Office and on the Town's website.
B.
Class A noise zone/uses. Lands designated class A shall generally
be residential areas where human beings sleep or areas where serenity
and tranquility are essential to the intended use of the land. The
land uses in this category shall include, but not be limited to, single-
and multiple-family homes, hotels, motels, religious facilities, hospitals,
nursing homes, cultural activities, forest preserves and vacant land
zoned for residential or related uses requiring such protection. This
article references the Zoning Regulations of the Town of Southington
for such designation.[2]
[2]
Editor's Note: The Town Zoning Regulations are on file and
available in the Planning Office and on the Town's website.
C.
Class B noise zone/uses. Lands designated class B shall generally
be commercial in nature. The land uses in this category shall include,
but not be limited to, retail trade, professional offices, personal,
business and legal services, educational institutions, government
services, amusements, agricultural activities, and vacant lands zoned
for such commercial or institutional uses. This article references
the Zoning Regulations of the Town of Southington for such designation.[3]
[3]
Editor's Note: The Town Zoning Regulations are on file and
available in the Planning Office and on the Town's website.
A.
No person shall cause or allow the emission of excessive noise as
defined herein beyond the boundaries of his/her noise zone as measured
at any point on a receptor's tract or parcel of land, so as to exceed
the levels stated herein. The source of noise measured shall be the
responsibility of the owner or operator of the premises from which
the noise commences. The term "emitter" is used to refer to this entity
or individual.
[Amended 10-9-2012]
|
Receptor Noise Zone Class
| ||||
|---|---|---|---|---|
|
B
|
A-Day
|
A-Night
| ||
|
Class B Emitter to
|
55 dBA
|
55 dBA
|
45 dBA
| |
|
Class A Emitter to
|
55 dBA
|
55 dBA
|
45 dBA
| |
|
Sound levels determined by the Police Department through measurement
to be in excess of these values shall constitute proof of excessive
noise and violation of this article.
|
B.
Mufflers. No person shall discharge into the open air the exhaust
of any steam engine, stationary internal combustion engine, air compressor
equipment, motorboat, motor vehicle, or other power device which is
not equipped with an adequate muffler in constant operation and properly
maintained to prevent any unnecessary noise, and no such muffler or
exhaust system shall be modified or used with a cutoff, bypass or
similar device.
C.
Trucks, other vehicles or mobile sources of noise. No braking device
or dynamic braking device shall operate or be operated so as to squeal,
screech or otherwise create a noise which would cause discomfort or
annoyance to a reasonable person of normal sensitiveness. This subsection
shall be in effect all hours and applies to all motor vehicles, trucks
or otherwise.
E.
Noise excursions. In measuring compliance with noise zone standards of § 300-5A, the following short-term noise level excursions over the noise level standards established by this article shall be allowed, and measurements within these ranges of established standards shall constitute compliance therewith.
|
Allowable Levels Above Standards
(dBA)
|
Time Period of Such Levels
(minutes per hour)
| |
|---|---|---|
|
3
|
15
| |
|
6
|
7.5
| |
|
8
|
5
|
This article shall not apply to:
A.
Sound generated by natural phenomena.
C.
Sound created by bells, carillons or chimes associated with specific
religious observances and/or organizations.
D.
Sound created by a public emergency sound signal attached to an authorized
emergency vehicle in the immediate act of responding to an emergency
or located within or attached to a building, pole or other structure
for the purpose of sounding or testing an alarm relating to fire or
emergency management.
E.
Sound created by safety and protective devices.
F.
Farming equipment or farming activity.
G.
Backup alarms require by OSHA or other state or federal safety regulations.
H.
Sound created by the pickup of refuse, trash or recyclable materials
except for defective or improperly maintained parts of a vehicle,
which shall be a violation hereof if a vehicle exceeds noise levels
herein.
I.
Sound created by construction activities on or uses of state or federal
facilities, lands or rights-of-ways.
J.
Sound created by ski areas or nighttime maintenance activities at
a commercial site.
K.
Sound created by nonprofit or religious events which are activities
otherwise permitted with the ordinances and Zoning Regulations of
the Town of Southington.
Exempted from this article are:
A.
Noise generated by engine-powered or motor-driven lawn care or maintenance
equipment shall be exempted between the hours of 8:00 a.m. and 9:00
p.m., provided that noise discharged from exhausts is adequately muffled
to prevent loud and/or explosive noises therefrom.
B.
Noises created by snow removal equipment at any time shall be exempted,
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.
C.
Annual or semiannual events of nonprofit organizations or patriotic
or public celebrations, such as parades, carnivals and fireworks displays,
not extending beyond 11:00 p.m., are exempted, provided that a permit
has been obtained in advance from the Planning and Zoning Commission,
Zoning Board of Appeals or Chief of Police, as applicable.
D.
Noises created by emergency generators at any time when they are
being used because of power outages, 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.
For the purpose of determining noise levels as set forth in
this article, 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 article.
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)
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 placed so as not to be interfered
with by individuals conducting the measurements.
(4)
Measurements shall be taken and documented at a point that is located
approximately one foot beyond the boundary of the emitter's premises
within the noise receptor's premises as measured by triangulation
and/or public land records. 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.
Enforcement. The Southington Police Department shall be responsible
for the enforcement of any prohibited activity listed in this article
and for the conducting of any activity listed in this article outside
of the hours during which these activities may be conducted. When
it has been determined that a violation has occurred, it shall constitute
an infraction of a local ordinance and shall be prosecuted as such.
B.
Penalty for violation. Any person in violation of any of the provisions of this article shall be fined. Each day on which a violation occurs or continues after the time for correction of the violation given in the order has elapsed shall be considered a separate violation of this article. Fines are listed in the Fine Schedule, § 37-2 of this Code, and posted on the Town of Southington website.
[Amended 10-9-2012]
In the event a repetitive noise occurs, which noise causes the
structure or any portion thereof of the reception site to vibrate
or move, or creates a rumble, movement, shakings or bass vibrative
sound which can be sensed by a police officer or other Town employee
therein, there shall occur a violation of this article. This section
applies to emitters covered by this article and not to all emitters
of noise within the Town of Southington.
[Adopted 3-13-2006 (Ch. 9, Art. IV, of the 1989 Code)]
The intent of this article is to protect, preserve and promote
the public health, safety and welfare of the residents of the Town
of Southington through the regulation of noise generated by construction
activity, as defined herein.
Any and all physical activity at a site necessary or incidental
to the erection, placement, demolition, assembling, altering, blasting,
cleaning, repairing, installing or equipping of buildings or other
structures, roads, driveways, premises, parks, utility lines or other
property, and shall include refuse, recyling and solid waste collection,
excavating, mowing, landscaping, filling and paving, provided that
any such activity is being performed by a person or entity for profit.
[Amended 10-11-2016]
[Amended 10-11-2016]
Construction activity, except refuse, recycling and solid waste collection, is hereby prohibited in the Town of Southington before 7:00 a.m. and after 8:00 p.m. Monday through Saturday and before 11:00 a.m. and after 6:00 p.m. on Sunday and any legal holiday as set forth in C.G.S. § 1-4. Refuse, recycling and solid waste collection is prohibited in all residential zones before 5:00 a.m. and after 8:00 p.m. Monday through Sunday. The prohibition for collection of refuse, recycling and solid waste shall be suspended for the weeks that a legal holiday, as defined by the state, occurs. This article shall also be suspended during the weeks that a National Weather Service-named storm affects Southington.
The following activities shall be exempt from the provisions
of this article:
The Chief of Police or any member of the Southington Police
Department is charged with enforcing the provisions of this article.
Any person, corporation or entity violating this article shall be subject to a fine. All fines made pursuant to this article shall be payable to the Town of Southington. Fines are listed in the Fine Schedule, § 37-2 of this Code, and posted on the Town of Southington website.
Any person, corporation or entity fined pursuant to this article
may appeal such fine to the Board of Police Commissioners or its designee
within 30 days of issuance of such fine and then, if necessary, to
the Superior Court.
