[Ord. No. 82-4, 6-21-1982]
The following definitions shall apply in the interpretation
and enforcement of this article:
Noise of a measurable intensity which exists at a point as
a result of a 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.
The Chief of Police of the Town of Windsor or a duly authorized
officer subject to his orders.
All business zones (B-1, B-2, B-3) and professional zone,
as defined in the zoning regulations of the Town of Windsor, and all
uses associated therewith, either permitted as a right or as a special
use.
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 7:00 a.m. and 10:00 p.m., Monday through
Saturday, and the hours 9:00 a.m. through 10:00 p.m. on Sundays.
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.
But not be 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 Windsor to have
sound warning devices, such as sirens 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, usually less than one second, with
an abrupt onset and rapid decay.
All industrial (I-1 and I-2), wholesale and storage, and
restricted commercial zones, as defined in the zoning regulations
of the Town of Windsor, and all uses associated therewith, either
permitted as a right or as a special use.
Defined as per Section 14-1(26) of the Connecticut General
Statutes.
A device for abating sounds such as escaping gases.
The hours between 10:00 p.m. and 7:00 a.m., Sunday evening
through Saturday morning, except, that night shall mean the hours
between 10:00 p.m. Saturday and 9:00 a.m. Sunday.
Any sound, the intensity of which exceeds the standards set
forth in Section 9-32 of this article.
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 premise 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:
Any street, avenue, boulevard, highway, sidewalk, alley,
park, waterway, railroad or similar place which is owned or controlled
by a governmental entity.
Any internal combustion engine powered vehicle which is being
used for recreational purposes.
All residential (AA, A, R-13, R-11, R-10, and R-8), NZ (public
and quasi-public), PUD (planned urban development), and agricultural
zones, as defined in the zoning regulations of the Town of Windsor,
and all uses associated therewith, either permitted as a right or
as a special use.
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 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 S1.4-1971
(Type S2A).
Twenty times the logarithm to the base 10 of the ratio of
the pressure of a sound to the reference pressure of 20 micronewtons
per square meter (20 by 10-6 Newtons/meter2), and is expressed in decibels (dB).
[Ord. No. 82-4, 6-21-1982]
For the purpose of determining noise levels as set forth in
this article, the following guidelines shall be applicable:
(1)
All personnel conducting sound measurements shall be trained in the
current techniques and principles of sound-measuring equipment and
instrumentation;
(2)
Instruments used to determine sound level measurements shall conform
to the sound level meters, as defined by this article;
(3)
The general steps listed below shall be followed when preparing to
take sound level measurements:
(a)
The instrument manufacturer's specific instructions for the
preparation and use of the instrument shall be followed;
(b)
The sound level meter shall be calibrated before and after each set
of measurements;
(c)
When measurements are taken out-of-doors, a wind screen shall be
placed over the microphone of the sound level meter, as per the manufacturer's
instructions;
(d)
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;
(e)
Measurements shall be taken at a point that is located about one
foot beyond the boundary of the emitter's premise within the
receptor's premise. The emitter's premise includes his/her
individual unit of land or group of contiguous parcels under the same
ownership as indicated by public land records;
(4)
The recommended practices for determining statistical noise levels
shall be those as outlined in the document entitled Connecticut Noise
Survey Data Form No. 101.
[Ord. No. 82-4, 6-21-1982]
(a)
Unlawful noise. It shall be unlawful for any person to emit or cause
to be emitted any noise beyond the boundaries of his/her premise in
excess of the noise levels established in these regulations.
(b)
Noise level standards.
(1)
No person in a residential zone shall emit noise beyond the boundaries
of his/her premise exceeding the levels stated herein and applicable
to adjacent residential, commercial or industrial zones:
|
Emitter's Zone: Residential
| ||
|---|---|---|
|
Receptor's Zone
|
Maximum Level
(dBA)
| |
|
Industrial
|
62
| |
|
Commercial
|
55
| |
|
Residential/day
|
55
| |
|
Residential/night
|
45
| |
(2)
No person in a commercial zone shall emit noise beyond the boundary
of his/her premise exceeding the levels stated herein and applicable
to adjacent residential, commercial or industrial zones:
|
Emitter's Zone: Commercial
| ||
|---|---|---|
|
Receptor's Zone
|
Maximum Level
(dBA)
| |
|
Industrial
|
62
| |
|
Commercial
|
62
| |
|
Residential/day
|
55
| |
|
Residential/night
|
45
| |
(3)
No person in an industrial zone shall emit noise beyond the boundary
of his/her premise exceeding the levels stated herein and applicable
to adjacent residential, commercial or industrial zones:
|
Emitter's Zone: Industrial
| ||
|---|---|---|
|
Receptor's Zone
|
Maximum Level
(dBA)
| |
|
Industrial
|
70
| |
|
Commercial
|
66
| |
|
Residential/day
|
61
| |
|
Residential/night
|
51
| |
(c)
High background noise levels and impulse noise.
(1)
In those individual cases where the background noise levels caused
by sources not subject to these regulations 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
article 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 article.
(2)
No person shall cause or allow the emission of impulse noise in excess
of 80 dB peak sound pressure 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 level 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, school, 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 with 30 minutes after
being activated shall be unlawful;
(4)
Warning devices required by OSHA or other state or federal safety
regulations;
(5)
Farming equipment or farming activity.
(e)
Exemptions. The following shall be exempt from these regulations,
subject to special conditions as spelled out:
(1)
Noise generated by any construction equipment which is operated between
the hours of 7:00 a.m. and 9:00 p.m., provided that the operation
of construction equipment between the hours of 9:00 p.m. and 7:00
a.m. shall not exceed the maximum noise levels as specified in Section 9-32(b);
(2)
Noise created as a result of, or relating to an emergency;
(3)
Noise from domestic power equipment such as, but not limited to,
power saws, sanders, grinders, lawn and garden tools or similar devices
operated between the hours of 7:00 a.m. and 9:00 p.m., Monday through
Saturday, and between the hours of 9:00 a.m. and 9:00 p.m. on Sundays;
(4)
Noise from snow removal equipment;
(5)
Noise from demolition work conducted between the hours of 7:00 a.m.
and 9:00 p.m., provided that when considered emergency work, demolition
shall be exempted at all times from the noise levels set in this regulation;
(6)
Noise created by any aircraft flight operations which are specifically
preempted by the Federal Aviation Administration;
(7)
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
firework displays;
(8)
Noise created by blasting other than that conducted in connection
with construction activities shall be exempted, 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, or provided
that a permit for such blasting has been obtained from local authorities;
(9)
Noise created by aircraft, or aircraft propulsion components designed
for or utilized in the development of aircraft, under test conditions;
(10)
Noise created by products undergoing tests, where one of the
primary purposes of the test is evaluation of product noise characteristics
and where practical noise control measures have been taken;
(11)
Noise generated by transmission facilities, distribution facilities
and substations of public utilities providing electrical power, telephone,
cable television or other similar services and located on property
which is not owned by the public utility and which may or may not
be within utility easements.
[Ord. No. 82-4, 6-21-1982]
The following activities are prohibited:
(1)
Vehicle horns. No person shall at any time sound any horn or other
audible signal device of a motor vehicle, unless it is necessary as
a warning to prevent or avoid a traffic accident;
(2)
Truck idling. No person shall operate an engine of 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 premise or on a Town road
next to a residential premise;
(3)
Exhaust discharge. No person shall discharge into the ambient air
the blow-down of any steam vent of the exhaust of any stationary internal
combustion engine or air compressor equipment, unless such discharge
be through a muffler as defined by Section 9-30 of this article
or through an apparatus providing equal noise reduction.
[Ord. No. 82-4, 6-21-1982]
(a)
All motor vehicles operated within the limits of the Town of Windsor
shall be subject to the noise standards and decibel levels as found
in Title 14, Section 14-80a-1 through 14-80a-18 of the Connecticut
State Statutes.
(b)
No sound amplifying devices on or within motor vehicles shall emit
noise in excess of the noise levels as specified in Section 9-32(b).
[Ord. No. 82-4, 6-21-1982]
(a)
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 violation of this
article under the following circumstances:
[Ord. No. 82-4, 6-21-1982]
(a)
For the purpose of determining compliance with the provisions of
this article, the Chief of Police 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. In the event that any person
refuses or restricts entry and free access to any part of a premise,
or refuses inspection, testing or noise measurement of any activity,
device, facility, or process where inspection is sought, the Chief
of Police or his designated representative may seek from the appropriate
court a warrant, without interference, restriction or obstruction,
at a reasonable time, for the purpose of inspecting, testing or measuring
noise.
(b)
It shall be unlawful for any person to refuse to allow or permit
the Chief of Police or his designated representative free access to
any premise, when the Chief of Police or his designated representative
is acting in compliance with a warrant for 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 or attempt to interfere with any authorized person while
in the performance of his/her duties under this article.
[Ord. No. 82-4, 6-21-1982]
Any person in violation of any of the provisions of this article
shall be deemed guilty of a misdemeanor, and upon conviction thereof,
shall be fined in an amount not to exceed $25. Each day such violation
continues after the time for correction of the violation has been
given in an order, shall constitute a continuing violation and the
amount of the fine shall be $50 for each day said violation continues.
[Ord. No. 82-4, 6-21-1982]
(a)
Any person living or doing business in Windsor may apply to the Chief
of Police for a variance from one or more of the provisions of this
article, which are more stringent than the Connecticut Department
of Environmental Protection regulations for the control of noise,
providing that the applicant supplies all of the following information
to the Chief of Police at least 20 days prior to the start of said
activity:
(b)
No variance from these regulations shall be issued unless it has
been demonstrated that:
(1)
The proposed activity will not violate any provisions of the Connecticut
Department of Environmental Protection regulations;
(2)
The noise levels generated by the proposed activity will not constitute
a danger to the public health; and,
(3)
Compliance with the regulations constitutes an unreasonable hardship
on the applicant.
(c)
The application for variance shall be reviewed and either approved
or rejected at least five days prior to the proposed start of said
activity. The approval or rejection shall be in writing and shall
state the condition of approval, if any, or the reasons for rejection.
(d)
Failure to rule on the application in the designated time shall constitute
approval of the variance.
[Ord. No. 82-4, 6-21-1982]
Any written agreement, purchase order or contract, whereby the
Town of Windsor 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 article will be operated,
constructed, conducted or manufactured without violating the provisions
of this article.
