[HISTORY:[1] Adopted by the Board of Selectmen of the Town of Bethel 12-6-2016. Amendments noted where applicable.]
The purpose of this chapter is to carry out and effectuate the
public policy of the State of Connecticut, the federal government
and the Town concerning the regulation of those activities causing
measurably excessive noise and noise disturbance within the Town limits
of the Town of Bethel. A second purpose is to protect the safety,
health and general welfare of all its citizens as the people have
a right to and should be ensured an environment free from excessive
noise which may jeopardize their general welfare and quality of life.
In recognition of the rights of free peoples to perform their daily activities without undue governmental interference, enforcement of this chapter shall be in accordance with specified guidelines indicated and delineated in § 108-5 herein.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
General commercial zones, light commercial zones, neighborhood
commercial zones, all as defined in the zoning regulations of the
Town, and all uses associated therewith, either permitted as of right
or as specially excepted uses.
Any site preparation, assembly, erection, substantial repair,
alteration, or similar action, but excluding demolition, for or of
private rights-of-way, structures, utilities or similar property.
The hours between 7:00 a.m. and 8:00 p.m., Monday through
Saturday, and the hours 10:00 a.m. through 8:00 p.m. on Sundays and
holidays.
A logarithmic unit of measurement used in measuring magnitudes
of sound. The symbol is dB.
Equipment including, but not limited to, power saws, snow
removal equipment, drills, grinders, lawn and garden tools and other
domestic power equipment intended for use in residential areas by
a homeowner.
Any 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.
Industrial district, as defined by the zoning regulations
of the Town.
Defined as per § 14-1(47) of the Connecticut General
Statutes.
A device for abating sounds such as escaping gases.
The hours between 8:00 p.m. and 7:00 a.m., Sunday evening
through Saturday morning, except that "night" shall mean the hours
between 8:00 p.m. Saturday and 10:00 a.m. on Sunday and 8:00 p.m.
of the day preceding a recognized, national holiday and 10:00 a.m.
on said holiday.
Any excessive sound or disturbance, the intensity of which exceeds the standards set forth in § 108-5 of this chapter.
The sound pressure level in decibels as measured with a sound
level meter using the A-weighing network. The level so read is designated
dB(A) or dBA.
Any individual, firm, partnership, association, syndicate,
company, trust, corporation, agency 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.
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 or controlled by
another person, and separates real property from the public right-of-way.
Single-family residence zones and multifamily residence zones,
as defined by the zoning regulations of the Town, and all uses associated
therewith, either permitted as of right or as specially excepted uses.
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 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.
It shall be unlawful for any person within the Town to make, continue or cause to be made or continued any loud, unnecessary, unusual or excessive noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Town as provided in § 108-5 herein. The following are acts specifically prohibited under § 108-4.
A.
Commercial construction, demolition and building operations before
7:00 a.m. Monday through Friday, before 8:00 a.m. Saturday, before
10:00 a.m. Sunday, and shall cease after 8:00 p.m. on any day. For
excavation and fill operations, before 8:00 a.m. Monday through Friday
and shall cease after 5:00 p.m. with no excavation and fill operations
on holidays or weekends.
B.
Vehicle horns. No person shall at any time sound any horn or other audible signal device of a motor vehicle exceeding the standards set forth in § 108-5 hereof, unless it is necessary as a warning to prevent or avoid a traffic accident.
C.
The creation within the Town of any excessive noise, exceeding the standards set forth in § 108-5 hereof, in the vicinity of any school, institution of learning, church, senior housing, senior assisted living or nursing home while the same is in use which impacts the workings of such institution or which disturbs or unduly annoys patients in the assisted living or nursing home, provided conspicuous signs are displayed at or near such building indicating that the same is a school, institution of learning, church, senior housing, senior assisted living or nursing home.
This section is intended to conform to the regulations of the
State of Connecticut applicable to the control of noise, as set forth
in Connecticut State Regulations § 22a-69-3.5 as amended.
It shall be unlawful for any person to emit any noise that is in excess
of the standards as follows:
A.
No person in a Class C noise zone shall emit noise exceeding the
levels stated herein and applicable to adjacent noise zones.
|
Receptor
| |||||
|---|---|---|---|---|---|
|
C
|
B
|
A/day
|
A/night
| ||
|
Class C (industrial) emitter to
|
70 dBA
|
66dBA
|
61dBA
|
51dBA
|
|
Levels emitted in excess of the values listed above shall be
considered excessive noise.
|
B.
No person in a Class B noise zone shall emit noise exceeding the
levels stated herein and applicable to adjacent noise zones:
|
Receptor
| |||||
|---|---|---|---|---|---|
|
C
|
B
|
A/day
|
A/night
| ||
|
Class B (commercial) emitter to
|
62dBA
|
62dBA
|
55dBA
|
45dBA
|
|
Levels emitted in excess of the values listed above shall be
considered excessive noise.
|
C.
No person in a Class A noise zone shall emit noise exceeding the
levels stated herein and applicable to adjacent noise zones:
|
Receptor
| |||||
|---|---|---|---|---|---|
|
C
|
B
|
A/day
|
A/night
| ||
|
Class A (residential) emitter to
|
62 dBA
|
55dBA
|
55dBA
|
45dBA
|
|
Levels emitted in excess of the values listed above shall be
considered excessive noise.
|
D.
No person shall cause or allow the emission of impulse noise in excess
of 80 decibels peak sound pressure level during the nighttime to any
residential noise zone. No person shall cause or allow the emission
of impulse noise in excess of 100 decibels peak sound pressure level
at any time in any zone.
E.
Measurements shall be taken at a point that is located about one
foot beyond the boundary of the emitter's premises within the
receptor's premises. The emitter's premises include his/her
individual unit of land or ground of contiguous parcels under the
same ownership as indicated by public land records.
A.
All motor vehicles operated within the Town limits of the Town shall
be subject to the noise standards and decibels levels set forth in
the regulations authorized in §§ 14-80a-1a through
14-80a-10a inclusive of the Regulations of Connecticut State Agencies.
Maximum noise levels established pursuant to § 108-5 hereof shall not apply to any noise emitted by or related to:
A.
Natural phenomenon.
B.
Any bell or chime from any building clock, school or church.
C.
Any siren, whistle or bell lawfully used by emergency vehicles or
any other alarm system used in an emergency situation; provided, however,
that burglar alarms not terminating within 30 minutes after being
activated shall be unlawful and shall not be excluded hereunder.
D.
Warning devices required by OSHA or other state or federal safety
regulations.
E.
Noise created as a result of an emergency.
F.
Noise generated by engine-powered or motor-driven lawn care or maintenance
equipment between the hours of 7:00 a.m. and 8:00 p.m. provided that
noise discharged from exhausts is adequately muffled to prevent loud
and/or explosive noises there from.
G.
Recreational or celebratory activities specifically licensed or under
permit from the Town of Bethel, including, but not limited to, parades,
sporting events, concerts, patriotic or public celebrations and fireworks
displays.
H.
Noises created by snow removal equipment, provided that such equipment
is maintained in good repair so as to minimize noise and noise discharged
from exhausts shall be adequately muffled to prevent loud and/or explosive
noise there from.
I.
Noise that originates at airports that is directly caused by aircraft
flight operations specifically preempted by the Federal Aviation Administration.
J.
Governmental activities which may be exempted by law or regulation
of the Town of Bethel and State of Connecticut.
K.
Noises generated by the use of equipment, motorized or otherwise,
including domestic power equipment, for farming operations during
daytime hours only.
L.
Garbage/refuse haulers commencing operations for commercial and industrial
zones prior to 7:00 a.m. but no earlier than 5:30 a.m. Mondays through
Saturdays. For operations in residential zones, prior to 7:00 a.m.
but no earlier than 6:00 a.m. Mondays through Saturdays.
Any persons in violation of any of the provisions of this chapter
shall be fined in the amount of $50 for their first violation; $75
for a subsequent violation occurring within 30 days of their first
violation; and $100 for any subsequent violation occurring within
30 days of any previous violation not including their first violation
occurring pursuant to this chapter. Each day such violation continues
after the time for correction of the violation has been given in an
order shall constitute a separate violation. Notification of violation
shall be given at the time of the occurrence of the noise or shortly
thereafter in the form of a written notice of violation.
The Bethel Police Department, as directed by the Chief of Police,
shall enforce the provisions of this chapter pertaining to the measurement
of noise levels and the issuance of notices of violation.
Any person living or doing business in the Town may apply to
the Board of Selectmen for a variance from one or more of the provisions
of this chapter.
All provisions of the zoning regulations of the Town which are
more stringent than those set forth herein shall remain in full force
and effect and shall prevail over inconsistent provisions hereof.
