[HISTORY: Adopted by the Town Council of
the Town of Rocky Hill 9-15-2014 by Ord. No. 267-14.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 73.
Animals — See Ch. 83.
Blasting agents and explosives — See
Ch. 97.
[1]
Editor's Note: This ordinance also repealed former Ch. 180,
Noise, adopted 8-15-1988 by Ord. No. 156-88.
A.
The making and creation of unreasonably loud, unnecessary or disturbing
noises within the limits of the Town of Rocky Hill is a condition
which has existed for some time, and the extent and volume of such
is increasing.
B.
The making, creation or maintenance of such unreasonably loud, unnecessary
or disturbing noises affects and is a detriment to the public health,
comfort, convenience, safety, welfare, peace and quiet of persons
within the Town of Rocky Hill.
C.
The need for noise regulation is a matter of legislative determination
and public policy, and this chapter is adopted in pursuance of and
for the purpose of securing and promoting the public health, comfort,
convenience, safety, welfare, peace and quiet of the Town of Rocky
Hill and the people therein.
D.
Nothing in any portion of these regulations shall be construed in
any manner as authorizing or legalizing the creation or maintenance
of a nuisance. Compliance with these regulations is not a bar to a
claim of a nuisance by any person. A violation of any portion of these
regulations shall not be deemed to create a nuisance per se. This
regulation shall not limit or supersede any zoning approval and/or
condition of approval for any such property.
When used in this chapter, the terms below shall have the following
meanings:
Those areas that allow appropriate and compatible agricultural
uses consistent with historic uses while protecting important river
and floodplain resources as designated in Section 5.1.2 of the current
Zoning Regulations and on the current Zoning Map of the Town of Rocky
Hill.
A self-propelled vehicle designed to travel over unimproved
terrain that has been determined by the Commissioner of Motor Vehicles
to be unsuitable for operation on the public highways and is not eligible
for registration under Connecticut General Statutes, Chapter 246.
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.
Those areas that primarily consist of light industrial uses
so designated in Section 4.1.4 of the current Zoning Regulations and
on the current Zoning Map of the Town of Rocky Hill.
Those areas that primarily consist of less intensive retail
and service-type activities so designated in Section 4.1.2 of the
current Zoning Regulations and on the current Zoning Map of the Town
of Rocky Hill.
The assembly, erection, substantial repair, alteration, demolition,
or site preparation for public or private rights-of-way, buildings
or structures, utilities or property.
The hours between 7:00 a.m. and 9:00 p.m., Monday through
Saturday; and the hours between 9:00 a.m. and 8:00 p.m. on Sundays
and legal holidays.
The sound level as measured using the fast "A" weighting
network with a sound level meter meeting the standards set forth in
ANSI S1.4-1983 (R2006) or its successors, or meeting the standards
set forth in IEC 61672-1-2002 or its successors.
A logarithmic unit of measurement of the sound level, the
symbol for which is dB. In this chapter, the decibel level is expressed
in terms of dBA.
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 that has a sound warning device, 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 this chapter.
New Year's Day, Easter, Memorial Day, Labor Day, Christmas
Day, and Thanksgiving Day.
Any sound of short duration, usually less than one second,
with an abrupt onset and rapid decay.
Devices with an audible signal which, when activated, indicate
intrusion by an unauthorized person. Such alarm may be attached to,
or within, any building, structure, property or vehicle.
A vehicle as defined in the Connecticut General Statutes
§ 14-1(53), as amended, and motorcycles as defined in the
Connecticut General Statutes § 14-1(54).
All the hours not defined as daytime.
A frequency weighted sound pressure level as measured with
a sound level meter using the fast A-weighting network. The level
so read is designated dBA.
Those areas that primarily consist of large-scale office
and light industrial uses so designated in Section 4.1.3 of the current
Zoning Regulations and on the current Zoning Map of the Town of Rocky
Hill.
Any motorcycle which does not have a current certificate
of motor vehicle registration and plates for use on highways. An off-road
motorcycle is a subclass of all-terrain vehicles.
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 sound that can be detected by a person using his or her
unaided hearing faculties. For example, but not limited to, if the
sound source under investigation is a portable or personal vehicular
sound amplification or reproduction device, the enforcement officer
need not determine the title of a song, specific words, or the artist
performing the song. The detection of the rhythmic base component
of the music is sufficient to constitute a plainly audible sound.
Any building, structure, land, or other real property, including
all parts thereof and appurtenances thereto owned or controlled by
a person.
The 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 public right-of-way.
All powered or manually operated tools and equipment used
in the repair and upkeep of property, including, but not limited to,
lawn mowers, riding tractors, wood chippers, power saws, and leaf
blowers.
A device, either stationary or mobile, producing audible
signal associated with a set of circumstances involving actual or
imminent danger to persons or damage to property, which demands immediate
action.
All activity related to the clearing, cleaning, repair and
upkeep of public roads, sidewalks, sewers, water mains, utilities,
and publicly owned property.
A portable vehicle built on a chassis and designed to be
used as a temporary dwelling for travel and recreational purposes.
Recreational vehicles shall include campers, travel trailers, boat
trailers and motor homes, but shall not include mobile homes.
Those areas that primarily consist of more intensive retail
and service-type activities so designated in Section 4.1.1 of the
current Zoning Regulations and on the current Zoning Map of the Town
of Rocky Hill.
Those areas that primarily consist of residential and multifamily
dwellings so designated in Section 3.2 of the current Zoning Regulations
and on the Zoning Map of the Town of Rocky Hill.
A transmission of energy through solid, liquid or gaseous
media in the form of vibrations that 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.
Devices designed to be used, and actually used, for the prevention
of the exposure of any person or property to imminent danger, including,
but not limited to, unregulated safety relief valves; circuit breakers;
protective fuses; backup alarms required by OSHA or other state or
federal safety regulations; horns, whistles or other warning devices
associated with pressure buildup.
An instrument used to measure sound levels. A sound level
meter shall conform to standards set forth in ANSI S1.4-1983 (R2006)
or its successors, or conform to the standards set forth in IEC 61672-1-2002
or its successors.
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 (20x10-6 Newtons/m2) and is expressed in decibels
(dB).
Those areas that primarily consist of mixed uses, retail
and services that are compatible with and appropriate to Connecticut
River proximity and access so designated in Section 4.1.5 of the current
Zoning Regulations and on the current Zoning Map of the Town of Rocky
Hill.
A.
The use of the property shall determine the scale limits to be applied.
The designation on the current Zoning Map of the Town of Rocky Hill
shall apply.
B.
A person conducting sound measuring shall have been trained in the
techniques and principles of sound measuring equipment and instrumentation.
C.
Instruments used to determine sound level measurements meet American
National Standards Institutes (ANSI) standard ANSI S1.4-1983 (R2006)
or its successors, or meet the standards set forth in IEC 61672-1-2002
or its successors.
D.
The instrument used to measure the loudness of a noise shall be placed
at the loudest location any point beyond the boundary of the property
line of the emitter.
E.
In measuring sound pressure levels for the purpose of enforcing this
chapter, an allowance of two decibels shall be made.
A.
Standards. No person shall make, continue and/or permit on property
owned and/or controlled by such person any excessive, unnecessary,
unreasonably loud noise or disturbance, or any noise or disturbance
which disturbs, destroys, or endangers the comfort, quiet, repose,
health, peace, or safety of others within the vicinity of the noise
or disturbance. Without limitations, the commission of one or more
of the following acts shall be deemed a violation of this chapter.
B.
Noise in excess of the following noise levels. It shall be unlawful
for any person to emit, cause or permit to be emitted any noise beyond
the boundaries of his/her premises in excess of the noise levels established
in this chapter. If more than one noise level may be applicable to
the activity, in the case of conflicting levels only, the most restrictive
level may be applied to the activity or conduct causing the noise.
(1)
Noise level standards. No person shall emit and/or permit noise exceeding
the levels stated herein beyond the property line of the emitting
noise source.
|
Property Use Emitter
|
Property Use Receptor
| ||||
|---|---|---|---|---|---|
|
Residential
(dBA)
|
Commercial
(dBA)
|
Business Park
(dBA)
|
Office Park
(dBA)
|
Waterfront
(dBA)
| |
|
Residential
|
Day 55
Night 45
|
55
|
62
|
55
|
55
|
|
Commercial
|
Day 61
Night 51
|
62
|
62
|
62
|
62
|
|
Business Park
|
Day 61
Night 51
|
62
|
62
|
62
|
62
|
|
Office Park
|
Day 61
Night 51
|
62
|
62
|
62
|
62
|
|
Waterfront
|
Day 61
Night 51
|
62
|
62
|
62
|
62
|
|
Agricultural
|
Day 61
Night 51
|
62
|
62
|
62
|
62
|
(2)
No person shall emit and/or permit noise exceeding the levels contained
in Sections 22a-69-2.1 to 22a-69-3.6, inclusive, of the Regulations
of Connecticut State Agencies, beyond the property line of the emitting
noise source.
C.
Motor vehicle noise in excess of state limits. All motor vehicles
and motorcycles operating within the limits of the Town of Rocky Hill
on public highways, streets, drives, boulevards, lanes and avenues
and private highways, including streets, drives, boulevards, lanes
and avenues generally open to the public, shall be subject to the
noise standards and decibel levels as set forth in the regulations
of the State of Connecticut Department of Motor Vehicles, § 14-80a,
entitled "Maximum Permissible Noise Levels For Vehicles."
D.
Off-road motorcycle noise in excess of EPA limits. No person shall
transport or operate an off-road motorcycle manufactured after December
31, 1985, not equipped with an exhaust muffler bearing the federal
EPA required labeling applicable to the motorcycle's model year,
stating that the exhaust system meets the 82 dBA standard at 50 feet,
as set out in Code of Federal Regulations Title 40, Volume 24, Part
205, Subpart D and Subpart E.
E.
All-terrain vehicle noise that is plainly audible at 500 feet.
(1)
No all-terrain vehicle shall be operated in such a manner that it
is plainly audible at a distance of 500 feet or more in any direction
from the vehicle. No person shall permit, on property owned and/or
controlled by such person, the operation of one or more all-terrain
vehicles which are plainly audible at a distance of 500 feet or more
from the property line.
(2)
All-terrain vehicles must have the registration plate of the ATV
affixed to the rear of the vehicle. In addition, each ATV must display
the registration number on each side of its front section, midway
between the top and bottom of the front section, in letters or numbers
at least three inches high and made of reflective material. The registration
must be available for inspection whenever the vehicle is being transported
or operated.
F.
Motor vehicle amplified devices that are plainly audible at 100 feet.
No sound amplifying devices on or within a motor vehicle shall be
operated in such a manner that it is plainly audible at a distance
of 100 feet or more in any direction from the vehicle.
G.
Personal amplification devices that are plainly audible at 100 feet.
Personal amplification or reproduction equipment shall not be operated
in such a manner that it is plainly audible at a distance of 100 feet
or more in any direction from the operator.
H.
Recreational vehicle noise exceeding noise limits. 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 a violation of this chapter when the noise so generated exceeds the noise level standards in § 180-4B of this chapter.
I.
Construction noise between 7:00 p.m. and 6:45 a.m. on Sundays and
official state holidays. No person, firm, corporation or other entity
shall operate or permit the operation of electric or fuel-powered
equipment, including but not limited to pile drivers, backhoes, pneumatic
hammers, derricks, trucks of more than 10,000 pounds gross vehicle
weight (GVW) on a construction site and hoists required for construction,
repair of demolition work between the hours of 7:00 p.m. and 6:45
a.m., Monday through Saturday, or at any time on Sundays and official
state holidays.
J.
Property maintenance between the hours of 9:00 p.m. and 7:00 a.m.
No person shall cause construction or maintenance noise that is plainly
audible at 100 feet or more between 9:00 p.m. and 7:00 a.m.
The following shall be exempt from the provisions of this chapter:
A.
Noise created by the operation of domestic construction and property
maintenance equipment between 7:00 a.m. and 9:00 p.m., except on holidays.
B.
Noise created by engine-powered or motor-driven lawn care or maintenance
equipment shall be exempted between the hours of 7:00 a.m. and 9:00
p.m., provided that noise discharged from exhausts is adequately muffled
to prevent loud and/or explosive noises therefrom.
C.
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.
D.
Noise created by parades, school sporting events, Town park and recreation
events, concerts, and firework displays that are sanctioned by the
Town.
E.
Noise created by blasting, provided that the blasting is conducted
between 9:00 a.m. and 3:00 p.m. local time and provided that a permit
for such blasting has been obtained from the state or local authorities,
except on weekends and holidays.
F.
Noise created by refuse and solid waste collection and processing,
provided that such activity is conducted between 7:00 a.m. and 9:00
p.m., except on holidays.
G.
Noise from fuel oil delivery vehicles and other delivery trucks serving
residences and businesses between the hours of 7:00 a.m. and 9:00
p.m.
H.
Noise created by a fire or intrusion alarm which, from time of activation
of the audible signal, emits noise 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.
I.
Noise created by emergency activities or emergency vehicles, sounds
giving warning of emergencies or sounds customarily signaling particular
time(s) of the day.
J.
Noise from equipment of the Town or state constructing or maintaining
public infrastructure.
K.
Noise created by products undergoing test, where one of the primary
purposes of the test is evaluation of product noise characteristics
and where practical noise control measures have been taken, except
on holidays.
L.
Emergency work which is required for the protection or preservation
of property or health, safety, life or limb of a person.
M.
Noise created by emergency or portable generators during periods
of power outages.
A.
Any person residing or doing business in the Town of Rocky Hill may
apply to the Town Council or its designated representative for a variance
for not more than one year from one or more of the provisions of this
chapter, provided that the applicant, at least 30 days prior to the
date of said activity, provides the Town Manager with a written request
for a variance to be acted on by the Town Council containing all of
the following information:
(1)
The location and nature of activity;
(2)
The time period and hours of operation of said activity;
(3)
The nature and intensity of the noise that will be generated;
(4)
Description of interim noise control measures to minimize noise and
its impact;
(5)
Specific schedule of best practical noise control measures or statement
of the estimated length of time variance will be required; and
(6)
Any other information required by the Town Manager.
B.
No variance from this chapter shall be issued unless it has been
demonstrated that:
(1)
The proposed activity will not violate any provisions of the Connecticut
Department of Energy and 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 this chapter constitutes an unreasonable hardship
on the applicant, provided that such hardship is not the result of
the applicant's own actions or inaction.
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.
E.
The Council or its designated representative may impose reasonable
conditions on the granting of any variance within its sole discretion.
A.
No person shall hinder or interfere with, by force or otherwise,
the performance by any duly authorized agent or employee of the Town
of Rocky Hill of any duty to comply with or enforce the provisions
of this chapter.
B.
No person shall allow on any property or premises owned or leased
by him the creation, continuance or maintenance of any noise, or allow
the installation, use or operation of any stationary noise source
that violates or fails to comply with this chapter, or the terms or
conditions of any permit, variance or order issued pursuant to this
chapter.
C.
No person shall intentionally remove or render inoperable, other
than for purposes of normal maintenance, repair or replacement, any
device or element of design installed into any noise source to achieve
compliance with the provisions of this chapter or the statutes or
regulations of the State of Connecticut, or to use or operate said
noise source after such device or element of design has been removed
or rendered inoperable with knowledge of such removal or of such rendering
inoperable of such device or element of design.
The first violation of any of the provisions of this chapter
shall be punished by a fine not to exceed $100. Each day any such
violation shall continue or each act in violation of this chapter
shall constitute a separate offense. The second violation by any person
or entity of any provision of this chapter shall be punished by a
fine of $200. Subsequent violations of any provision of this chapter
shall be punished by a fine of $500.
A.
Any person aggrieved by any act constituting a violation of this
chapter may complain to the Rocky Hill Police Department and Zoning
Department staff, which shall enforce these provisions.
B.
The Rocky Hill Police Department and Zoning Department staff also
is authorized to enforce this chapter without any such complaint.
C.
This chapter shall be enforced by citations issued by designated
municipal officers or employees.
D.
The citation hearing procedure established by Chapter 5, §§ 5-3 to 5-6, inclusive, of the Rocky Hill Code shall be followed; provided, however, that members of the Rocky Hill Police Department may issue citations and/or provide notices pursuant to this chapter. The amount of fines will also be governed by this chapter.
All provisions of the Zoning Regulations of the Town of Rocky
Hill which are more stringent than those set forth herein shall remain
in force. If any section, paragraph, sentence, clause or phrase of
this chapter, or any part thereof, is for any reason held to be unconstitutional
or invalid, or ineffective by any court of a competent jurisdiction,
such decision shall not affect the validity or effectiveness of the
remaining portion of this chapter or any part thereof.
