[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:
ANSI
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.
BACKGROUND NOISE
Noise of a measurable intensity which exists at a point as
a result of a combination of many distant sources individually indistinguishable.
BUSINESS ZONE
Those areas so designated for commercial use under the zoning
regulations of the Town.
CHIEF OF POLICE
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.
CONSTRUCTION
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.
CONSTRUCTION EQUIPMENT
Any equipment or device operated by fuel or electric power
used in construction or demolition.
CONTINUOUS NOISE
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.
DAYTIME HOURS
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.
DECIBEL
A unit of measurement of the sound level, the symbol for
which is dB.
DEMOLITION
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
EMERGENCY
Any occurrence involving actual or imminent danger to persons
or damage to property which demands immediate action.
EMERGENCY VEHICLE
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.
IMPULSE NOISE
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).
INDUSTRIAL ZONE
Those areas designated for industrial use under the zoning
regulations of the Town.
INTRUSION ALARM
A device with an audible signal and which, when activated,
indicates an intrusion by an unauthorized person.
MOTOR VEHICLE
A vehicle as defined in Subdivision (47) of §
14-1, Connecticut General Statutes, Revision of 1958, as amended.
NIGHTTIME HOURS
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.
NOISE LEVEL
The sound-pressure level as measured with a sound-level meter.
NOISE LEVEL, A-WEIGHTED
The sound-pressure level as measured with a sound-level meter
using the A-weighting network. The sound level is designated dBA.
OCTAVE BAND SOUND-PRESSURE LEVEL
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).
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, 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.
PROMINENT DISCRETE, TONE
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
|
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 and controlled by
another person and which 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 government entity.
RESIDENTIAL ZONE
Those areas designated for residential use in the zoning
regulations of the Town.
SOUND
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.
SOUND ANALYZER
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).
SOUND-LEVEL METER
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).
SOUND-PRESSURE LEVEL (SPL)
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.
[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.
(3) The following steps should be taken when preparing to take sound-level
measurements.
(a)
The instrument manufacturers specific instructions for the preparation
and use of the instrument shall be followed.
(b)
Measurements to determine compliance with §
11-45 shall be taken at a point that is located more or less one-foot beyond the property line of the noise emitters premises and within the noise receptors premises.
[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, § 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, § 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, § 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.