[Ord. of 4-3-00, § 1]
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 Town through
the reduction, control and prevention of noise.
When used in this chapter, the terms below shall have the following
meaning:
The American National Standards Institute or its successor
body. Any ANSI standard referred to in this ordinance shall be deemed
to incorporate further revisions by reference.
Noise of a measurable intensity which exists at a point as
a result of a combination of many distant sources individually indistinguishable.
Those areas so designated for commercial use under the zoning
regulations of the Town.
The First Selectman of the Town or his or her designee, provided
that, should the Town establish a Town police force, the First Selectman
shall designate the chief of the Town's police force to enforce and
administer the provisions of this ordinance.
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 in 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 measurement 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.
Any occurrence involving actual or imminent danger to persons
or damage to property 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.
Any sound, the intensity of which exceeds the standards set forth in § 11-45.
Sound of short duration, usually less than one (1) second,
with an abrupt onset and rapid delay, the level of which is measured
with a sound-level meter, which shall conform with ANSI S2.7-1986
(R1993).
Those areas designated for industrial use under the zoning
regulations of the Town.
A device with an audible signal and which, when activated,
indicates an intrusion by an unauthorized person.
A vehicle as defined in Subdivision (47) of § 14-1, Connecticut General Statutes, Revision of 1958, as amended.
The hours between 9:00 p.m. and 7:00 a.m. Sunday evening
through Saturday morning and between 9:00 p.m. and 9:00 a.m. Saturday
evening through Sunday morning.
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
S1.6-1984 (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 S1.6-1984 (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 political or
administrative 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. A noise receptor's
"premises" shall include all publicly dedicated street and highway
rights-of-way, road rights-of-way and waters of the state lying between
the property lines of the noise receptor and a noise emitter whose
property line would abut the noise receptor's but for such street,
right-of-way, or waters of the state.
The presence of acoustic energy concentrated in a narrow
frequency range, including, but not limited to, an audible tone, which
produces a one-third octave sound-pressure level greater than that
of either adjacent one-third octave, and which exceeds the arithmetic
average of the two adjacent one-third octave band levels by an amount
greater than that shown below, for the one-third octave band containing
the concentration of acoustic energy.
|
1/3 Octave Band Center Frequency
(Hz)
|
Average Exceedence
(dB)
|
|---|---|
|
100
|
16
|
|
125
|
14
|
|
160
|
12
|
|
200
|
11
|
|
250
|
9
|
|
315
|
8
|
|
400
|
7
|
|
500
|
6
|
|
630
|
6
|
|
800
|
5
|
|
1,000
|
4
|
|
1,250
|
4
|
|
1,600
|
4
|
|
2,000
|
3
|
|
2,500
|
3
|
|
3,150
|
3
|
|
4,000
|
3
|
|
5,000
|
4
|
|
6,300
|
4
|
|
8,000
|
5
|
|
10,000
|
6
|
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.
Those areas designated for residential use in the zoning
regulations of the Town.
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,
as a minimum, to Type E, Class II, as specified in ANSI S1.11-1986
(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 S1.4-1983
(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.
[Ord. of 4-3-00, § 3]
For the purpose of determining noise levels as set forth in
this chapter, the following guidelines shall be applicable:
(1)
A person conducting sound measurements shall have been trained in
the techniques and principles of sound measuring equipment and instrumentation.
(2)
Instruments used to determine sound-level measurement shall be sound-level
meters and analyzers as defined by this chapter.
[Ord. of 4-3-00, § 4]
Noise zones within the Town 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 section is enacted shall be classified
for noise emission purposes according to the zone appropriate for
the nonconforming use.
|
Zone
|
Use
|
Current Zoning*
|
|---|---|---|
|
A
|
Residential
|
MR, FR
|
|
B
|
Commercial
|
C-1, C-2
|
|
C
|
Industrial
|
HI, LI, DDD
|
|
NOTES:
| |
|---|---|
|
*
|
Based on the Zoning Regulations and Zoning Map of the Town of
Durham.
|
[Ord. of 4-3-00, § 5]
(a)
A-weighted noise level standards. It shall be unlawful for any person
to emit or cause to be emitted any noise beyond the property lines
of his/her premises in excess of the following noise levels:
|
Zone Class of Noise Receptor
| |||||
|---|---|---|---|---|---|
|
Emitter Noise Zone
|
A-Day
(dBA)
|
A-Night
(dBA)
|
B
(dBA)
|
C
(dBA)
| |
|
Class A
|
55
|
45
|
55
|
62
| |
|
Class B
|
55
|
45
|
62
|
62
| |
|
Class C
|
61
|
51
|
66
|
70
| |
(b)
Octave band noise standards.
(1)
Class A receptor, daytime. It shall be unlawful for any person
to emit or cause to be emitted any noise beyond the property lines
of his/her premises, to a Class A receptor noise zone during day-time
hours, in excess of the following noise levels:
|
Octave Band Center
|
Octave Band Sound-Pressure Levels (dB) Emitted to Class
A Receptor by Emitters in the Following Zones
| |||
|---|---|---|---|---|
|
Frequency
(Hz)
|
Class C
|
Class B
|
Class A
| |
|
31.5
|
75
|
72
|
72
| |
|
63
|
74
|
71
|
71
| |
|
125
|
69
|
65
|
65
| |
|
250
|
64
|
57
|
57
| |
|
500
|
58
|
51
|
51
| |
|
1,000
|
52
|
45
|
45
| |
|
2,000
|
47
|
39
|
39
| |
|
4,000
|
43
|
34
|
34
| |
|
8,000
|
40
|
32
|
32
| |
(2)
Class A receptor, nighttime. It shall be unlawful for any person
to emit or cause to be emitted any noise beyond the property lines
of his/her premises, to a Class A receptor noise zone during nighttime
hours, in excess of the following noise levels:
|
Octave Band Center
|
Octave Band Sound-Pressure Levels (dB) Emitted to Class
A Receptor by Emitters in the Following Zones
| |||
|---|---|---|---|---|
|
Frequency
(Hz)
|
Class C
|
Class B
|
Class A
| |
|
31.5
|
69
|
63
|
63
| |
|
63
|
67
|
61
|
61
| |
|
125
|
62
|
55
|
55
| |
|
250
|
54
|
47
|
47
| |
|
500
|
47
|
40
|
40
| |
|
1,000
|
41
|
35
|
35
| |
|
2,000
|
36
|
30
|
30
| |
|
4,000
|
32
|
25
|
25
| |
|
8,000
|
32
|
25
|
25
| |
(3)
Class B or Class C Receptor, at any time. It shall be unlawful
for any person to emit or cause to be emitted any noise beyond the
property lines of his/her premises, to a Class B or Class C receptor
noise zone at anytime, in excess of the following noise levels:
|
Octave Band Center
|
Octave Band Sound-Pressure Levels (dB) Emitted to Class
B or Class C Receptor by Emitters in the Following Zones
| |||
|---|---|---|---|---|
|
Frequency
(Hz)
|
Class C
|
Class B
|
Class A
| |
|
31.5
|
80
|
79
|
72
| |
|
63
|
79
|
78
|
71
| |
|
125
|
74
|
72
|
65
| |
|
250
|
69
|
64
|
57
| |
|
500
|
63
|
58
|
51
| |
|
1,000
|
57
|
52
|
45
| |
|
2,000
|
52
|
46
|
39
| |
|
4,000
|
48
|
41
|
34
| |
|
8,000
|
45
|
39
|
32
| |
(c)
Impulsive 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)
Prominent discrete tone noise standards. It shall be unlawful for
any person to emit or cause to be emitted any continuous noise beyond
the property lines of his/her premises, which possesses one or more
audible prominent discrete tones, in excess of the following noise
levels:
|
Emitter Noise Zone
|
Receptor C
(dBA)
|
Noise B
(dBA)
|
Zone Class A-Day
(dBA)
|
A-Night
(dBA)
| |
|---|---|---|---|---|---|
|
Class A
|
57
|
50
|
50
|
40
| |
|
Class B
|
57
|
57
|
50
|
40
| |
|
Class C
|
65
|
61
|
56
|
46
|
[Ord. of 4-3-00, § 6]
In addition to the noise prohibitions in § 11-45, no person shall unload or cause to be unloaded delivery trucks within 200 feet of a residential district between one hour after sundown and 7:00 a.m.
[Ord. of 4-3-00, § 7]
(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)
Emergency work or sounds from emergency vehicles responding
to an emergency.
(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 § 11-5 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 Town,
including but not limited to parades, sporting events, concerts and
fireworks displays, provided that noise discharged from exhausts is
adequately muffled to prevent food and/or explosive noises therefrom.
(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 specified hours 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 a vehicle, or 30 minutes
when 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 discharged from exhausts
is adequately muffled to prevent loud noises therefrom.
(10)
Public-address systems used in assemblies on public space or
for election campaign activities, during daytime hours only.
(11)
Snow removal equipment provided the equipment is maintained
in good repair so as to minimize noise and that noise discharged from
exhausts shall be adequately muffled to prevent loud and/or explosive
noises therefrom.
[Ord. of 4-3-00, § 8]
The following activities are prohibited:
(1)
Motor vehicle noise. All motor vehicles operated within the limits
of the Town shall be subject to the noise standards and decibel levels
set forth in the regulations authorized in C.G.S. § 14-80a.
(2)
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 § 11-45.
(3)
Unregistered recreational vehicle noise. No person shall create or cause to be created any unreasonably loud or disturbing noise due to the operations 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 § 11-45.
[Ord. of 4-3-00, § 9]
Any person in violation of any of the sections of this chapter
shall be fined in an amount not to exceed $100. Each day that such
violation continues after the time for correction of the violation
given in an order shall constitute a separate violation subject to
a fine not to exceed $100 per day.
[Ord. of 4-3-00, § 10]
(a)
Any person living or doing business in the Town may apply to the
Chief of Police for a variance from one or more of the provisions
of this chapter which are more stringent than the state 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 at least 30 days prior to the start of the
time period for which the variance is sought:
(1)
The location and nature of the activity for which the variance
is sought.
(2)
The time period and hours of operation of said activity.
(3)
The nature and intensity of the noise that will be generated.
(4)
The reasons for which the variance is requested, including the
economic and technical justifications.
(5)
A description of noise control measures to be taken by the applicant
to minimize noise and the impacts occurring therefrom.
(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
state department of environmental protection noise regulations;
(2)
The noise levels generated by the proposed activity will not
constitute a danger to the public health; and
(3)
Compliance with this ordinance constitutes an unreasonable hardship
on the applicant.
(c)
The application for a variance shall be reviewed and approved or
rejected at least seven days prior to the start of the period for
which the variance is sought. Approval or rejection shall be made
in writing and shall state the condition(s) of approval, if any, or
the reason(s) for rejection. The Chief of Police may attach reasonable
conditions to any variance granted including, without limitation,
the requirement that noise control measures be taken by the applicant
to minimize noise during the period of the variance, and that the
applicant submit reports relating to noise and to compliance with
any other conditions under which the variance was granted.
(d)
Failure to rule on an application within the designated time shall
constitute approval of the variance.
[Ord. of 4-3-00, § 11]
All provisions of the zoning regulations of the Town 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 or federal law or regulation, this chapter shall not
thereby be invalidated, and the remainder of this chapter shall continue
in effect.
[Ord. of 4-3-00, § 12]
(a)
Unless otherwise stated, all notices and fines required or permitted
by this ordinance shall emanate from the Chief of Police. Fines shall
be paid to the Chief of Police.
(b)
Interest shall accrue at the rate of 1 1/2% per month on all
fines outstanding for periods in excess of 30 days.
(c)
Fines and interest payable under this section shall be deposited
into the Town's general fund.
[Ord. of 4-3-00, § 13]
(a)
The Board of Selectmen shall serve as an appeals board for fines
imposed under this section.
(b)
Whenever a fine is imposed under this section, the person fined,
may, within 10 days from the date of the noise emission appearing
on the notice of the fine, appeal by filing a written notice of appeal
with the first selectmen. The Board of Selectmen shall begin hearing
the appeal no later than 30 days from its receipt by the First Selectman.
The Board of Selectmen shall render a written decision on the appeal
within seven days of conclusion of the hearing. The filing of an appeal
shall stay collection of any fine imposed until such time as a decision
is rendered on the appeal.
[Ord. of 4-3-00, § 14]
(a)
The Board of Selectmen may choose to enforce the provisions of this ordinance by citation and hearing as permitted by C.G.S. § 7-152(c). The citation hearing procedure will then serve as the appeals procedure in lieu of that set forth in § 11-53.
(b)
The First Selectman is authorized to institute civil or criminal
proceedings as necessary to enforce the provisions of this section.
