The short title of this chapter shall be "The Town of Voluntown Noise Control Ordinance."
[HISTORY: Adopted by the Town Meeting of the Town of Voluntown 3-29-1983. Amendments noted where applicable.]
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 Voluntown through the reduction, control and prevention of noise.
As used in this chapter, the following terms shall have the meanings indicated:
Noise of a measurably intensity which exists at a point as a result of a combination of many distant sources individually indistinguishable.
The Village District, Village Commercial Overlay District and Major Development District, as identified in the Town Zoning Ordinance.[1]
[Amended 9-14-2021]
The First Selectmen of the Town of Voluntown, unless another individual has been appointed Chief of Police by the Board of Selectmen.
[Amended 9-14-2021]
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 work.
The hours between 7:00 a.m. and 10:00 p.m., Monday through Saturday, and the hours between 9:00 a.m. and 10:00 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.
Includes, but is not 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 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.
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 changes.
Sound of short duration, usually less than one second, with an abrupt onset and rapid decay.
The Major Development District, as identified in the Town Zoning Ordinance.[2]
[Amended 9-14-2021]
A device with an audible signal and which, when activated, indicates an intrusion by an unauthorized person.
A vehicle as defined in C.G.S. § 14-1, as amended.
[Amended 9-14-2021]
A device for abating sound such as escaping gases.
The hours between 10:00 p.m. and 7:00 a.m., Sunday evening through Saturday morning, and between 10:00 p.m. and 9:00 a.m., Saturday evening through Sunday morning.
The sound pressure level as measured with a sound level meter using the A-weighting network. The level sound is designated dbA 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, owned or controlled by a person. A noise emitter's premises includes contiguous publicly dedicated street and highway rights-of-way, all road rights-of-way and waters of the state.
[Amended 9-14-2021]
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 government entity.
Any internal combustion engine powered vehicle which is being used for recreational purposes.
The Rural District, as identified in the Town Zoning Ordinance.[3]
[Amended 9-14-2021]
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 measure sound levels. A sound level meter shall conform, at a minimum, to the American National Standards Institute operational Specifications for Sound Level Meters, ANSI/ASA S1.4-2014 Edition (Type S2A).
[Amended 9-14-2021]
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 106 Newton/meter2), or 0.0002 dynes per square centimeter, and is expressed in decibels (dB).
For the purpose of determining noise levels as set forth in this chapter, the following guidelines shall be applicable:
A.
A person conducting sound measurements shall have been trained in the techniques and principles of sound-measuring equipment and instrumentation.
B.
Instruments used to determine sound level measurement shall be sound level meters as defined by this chapter.
[Amended 9-14-2021]
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 in Which Noise Receptor is Located | ||||
|---|---|---|---|---|
Zone in Which Noise Emitted is Located | Industrial | Business | Residential | |
(daytime hours) | (nighttime hours) | |||
Industrial | 70 dbA | 66 dbA | 61 dbA | 51 dbA |
Business | 62 dbA | 62 dbA | 55 dbA | 45 dbA |
Residential | 62 dbA | 55 dbA | 55 dbA | 45 dbA |
A.
In those individual cases where the background noise levels caused by sources not subject to this chapter 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 chapter 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 chapter.
B.
No person shall cause or allow the emission of impulse noise in excess of 80 dB peak sound pressures level during nighttime hours to any residential zone.
C.
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.
This chapter shall not apply to noise emitted by or related to:
A.
Natural phenomena.
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 systems used in an emergency situation.
D.
A public emergency sound signal.
E.
Warning devices required by OSHA or other state or federal safety regulations.
F.
Farming equipment or farming activity.
G.
An emergency.
H.
Snow removal equipment.
The following shall be exempt from this chapter, subject to special conditions as specified:
B.
Noise from domestic power equipment operated during daytime hours.
C.
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.
D.
Noise created by any aircraft flight operations which are specifically preempted by the Federal Aviation Administration.
E.
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.
F.
Noise created by blasting other than that conducted in connection with construction activities, shall be exempt, 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.
G.
Noise created by leaf, refuse and solid waste collection, provided that the activity is conducted during daytime hours.
H.
Noise created by a fire or intrusion alarm shall, from time of activation of the audible signal, emit 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.
Public address systems used in election campaign activities.
The following activities are prohibited:
A.
Motor vehicle noise. All motor vehicles operated within the limits of the Town of Voluntown shall be subject to the noise standards and decibel levels set forth in the regulations authorized in C.G.S. § 14-80a.
C.
Recreational vehicle noise. 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 set forth in §§ 285-5 and 285-6.
[Amended 9-14-2021]
Any person in violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined as determined by the Board of Selectmen, not to exceed the statutory maximum. Each day such violation continues after the time for correction of the violation given in an order shall constitute a continuing violation and the amount of the fine shall be doubled for each day said violation continues, said fine not to exceed $400 per day.
A.
Any person living or doing business in Voluntown may apply to the Selectmen for a variance from one or more of the provisions of this chapter which are more stringent than the Connecticut Department of Energy and Environmental Protection's regulations for the control of noise, provided that the applicant supplies all of the following information to the First Selectman at least 20 days prior to the start of the activity for which the variance is sought:
[Amended 9-14-2021]
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 Connecticut Department of Energy and Environmental Protection's regulations;
[Amended 9-14-2021]
(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.
C.
The application for a variance shall be reviewed and approved or rejected at least five days prior to the start of the proposed activity. The approval or rejection shall be in writing and shall state the condition(s) of approval, if any, or the reason(s) for rejection.
[Amended 9-14-2021]
D.
Failure to rule on an application within the designated time shall constitute approval of the variance.
All provisions of the Zoning Regulations of the Town of Voluntown which are more stringent than those set forth herein shall remain in force.[1] 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 law or regulations, this chapter shall not thereby be invalidated and the remainder of the chapter shall continue in effect.
[1]
Editor's Note: See Ch. 245, Zoning.