[HISTORY: Adopted by the Board of Selectmen of the Town of
Winchester 8-19-2013; amended
in its entirety 8-16-2021 (§ 195
of the prior compilation). Subsequent amendments noted where applicable.]
It is the intention of this chapter to carry out and effectuate
the public policy of the State of Connecticut, the federal government
and the Town of Winchester concerning the regulation of those activities
causing measurably excessive noise and noise disturbance within the
Town of Winchester. It is recognized that excessive noise is a serious
hazard to health, welfare and quality of life for all citizens and
that each person has a right to an environment free from noise that
may jeopardize their health, safety or welfare.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
Noise which exists at a point as a result of the 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 designated for commercial use in the Zoning Regulations
of the Town of Winchester, also known as "Highland Lake Business District,"
"Town Center" and "Town Gateway" Zones.[1]
The hours between 7:00 a.m. and 9:59 p.m., Monday through
Saturday, and the hours between 9:00 a.m. and 9:59 p.m. on Sundays
and federal and state holidays.
A unit of measurement of sound levels.
Any occurrence involving actual or imminent danger to persons
or damage to property which demands immediate action or any occurrence
involving prolonged power outages.
Any sound, the intensity of which exceeds the standard set forth in § 270-3 of this chapter.
Noise of short duration, usually less than one second, with
an abrupt onset and rapid decay.
Those areas designated for industrial use in the Zoning Regulations
of the Town of Winchester, also known as "Production and Innovation"
Zones.[2]
A device with an audible signal which, when activated, indicates
intrusion by an unauthorized person. Such alarm may be attached to,
or within, a building, structure, property or vehicle.
All engine- or motor-powered garden or maintenance tools
intended for occasional use in residential districts, typically capable
of being used by a homeowner, including, but not limited to, lawn
mowers, riding tractors, snowblowers, and including equipment intended
for infrequent service work in inhabited areas, typically requiring
skilled operators, including but not limited to chain saws, log chippers
or paving rollers.
Shall be given that meaning which is provided for by C.G.S.
§ 14-1(a)(47).
Any hours not designated as "daytime hours," as defined above.
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.
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.
Those areas designated for residential use in the Zoning
Regulations of the Town of Winchester, also known as "Highland Lake
District," "Rural Residential," "Town Center Residential" and "Town
Single Family" Zones.[3]
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 including a microphone, an amplifier, an output
meter and frequency weighting networks for the measurement of sound
levels. The sound level meter shall conform to the ANSI Specifications
for Sound Level Meters, S1.2-1971.
A.
Noise zones within the Town of Winchester 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 chapter is enacted shall be classified
for noise emission purposes according to the zone appropriate for
the nonconforming use. It shall be unlawful for any person to emit
or cause to be emitted any noise beyond the boundaries of their premises
in excess of the noise levels established in this section. Measurements
shall be taken at a point that is located approximately one foot beyond
the boundary of the emitter's premises within the receptor's premises.
The emitter's premises includes their individual unit of land or ground
or contiguous parcels under the same ownership, as indicated by the
public land records.
|
Zone in Which Emitter is Located
|
Zone in Which Receptor is Located
(all measurements in dBA)
| |||
|---|---|---|---|---|
|
Production and Innovation
|
Highland Lake Business District
Town Center
Town Gateway
|
Highland Lake District
Rural Residential
Town Center Residential
Town Single Family
| ||
|
Daytime Hours
|
Nighttime Hours
| |||
|
Production and Innovation
|
70
|
66
|
61
|
51
|
|
Highland Lake Business District
Town Center
Town Gateway
|
62
|
62
|
55
|
45
|
|
Highland Lake District
Rural Residential
Town Center Residential
Town Single Family
|
62
|
55
|
55
|
45
|
B.
No person shall cause or allow the emission of impulse noise in excess
of 80 decibels' peak sound pressure level during nighttime hours to
any residential zone. No person shall cause or allow the emission
of impulse noise in excess of 100 decibels' peak sound pressure level
at any time to any zone.
C.
A person conducting sound measurements shall have been trained in
the techniques and principles of sound measuring equipment and instrumentation.
Instruments used to determine sound level measurements shall be sound
level meters as defined by this chapter.
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 level by five dBA, provided that no source subject to the provisions of § 270-3 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 set forth in any other section of this chapter.
Maximum noise levels established in § 270-3 of this chapter shall not apply to any noise emitted 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 system used in an emergency situation. This exclusion
does not include, however, intrusion alarms attached to any building,
structure or property that does not terminate within 30 minutes after
being activated or any intrusion alarm attached to a vehicle not terminating
within 10 minutes after being activated. The repetition of activation
of the audible signal of an intrusion alarm due to malfunction, lack
of proper maintenance or lack of reasonable care should be considered
excessive noise.
D.
Warning devices required by OSHA or other state or federal safety
regulations.
E.
Noise created as a result of an emergency, including, but not limited
to, the use of personal or commercial electrical generators.
F.
Noise created by lawn care and maintenance equipment utilized during
daytime hours, as that term is defined in this chapter, provided that
noise discharge from exhausts is adequately muffled to prevent loud
and/or explosive noises therefrom.
G.
Activities specially licensed under permit from the Town of Winchester,
including, but not limited to, parades, sporting events and firework
displays. This exclusion applies only if noise discharged from exhausts
is adequately muffled to prevent loud and/or explosive noise therefrom.
Moreover, patriotic or other public celebrations may not extend longer
than one calendar day.
H.
Noise from snow removal equipment, 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.
I.
Utility maintenance, including, but not limited to, the removal of
fallen trees and the installation and repair of utility wires and
poles.
J.
Town of Winchester construction, road repair and tree removal operations.
K.
The repair of buildings owned by the Town of Winchester.
L.
Activities conducted by the Town of Winchester in a governmental
capacity or by the State of Connecticut or by the federal government
of the United States of America.
A.
All motor vehicles operated on public roads within the limits of
the Town of Winchester shall be subject to the noise standards and
decibel levels act set forth by C.G.S. §§ 14-80 and
14-80a, and the regulations issued thereunder.
The Winchester Police Department shall enforce the provisions
of this chapter pertaining to the measurement of noise levels and
the issuance of notices of violation. Any person in violation of any
section of any provision of this chapter shall be deemed guilty of
a misdemeanor and, upon conviction thereof, shall be fined in an amount
not to exceed $100. In lieu of arrest and issuance of a summons, the
Winchester Police Department may serve upon a violator an infraction
notice which shall be known as a "noise ticket." Payment of the fine
prescribed by such noise ticket within the time limit and to the address
specified thereon shall constitute a plea of nolo contendere and shall
save the violator harmless from prosecution for the offense cited.
Each day a violation continues after the time for correction of the
violation has been given in a written order, or after the issuance
of a summons or infraction notice, shall constitute a continuing,
separate violation and the amount of the fine shall be doubled for
each day said violation continues, said fine not to exceed $400 per
day. In the event payment of the fine is not made and an appeal has
not been taken as provided herein, the violator shall be responsible
for any and all costs of collection, including attorneys' fees. The
imposition of any fine hereunder shall not prevent the enforced abatement
of any unlawful condition by the Town and the Town shall have the
right to pursue any remedy allowed under law.
A.
Whenever a fine is imposed under this chapter, the person fined may,
within 10 days from the date of issuance of the noise ticket, appeal
by filing a written notice of appeal with the Winchester Chief of
Police. The filing of an appeal shall stay any fine imposed until
such time as a decision is rendered by a Town Citation Hearing Board
in accordance with the procedure for hearings set forth.
C.
In the event a decision on an appeal is rendered in favor of the
Town, and if permitted by law, the Town shall be entitled to recover
its costs incurred in defending such matter, including attorneys'
fees.
A.
Any person living or doing business in Winchester may apply to the
Chief of Police 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 regulations for the control
of noise, provided the applicant supplies all of the following information
to the Chief of Police at least 20 days before the start of such activity:
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 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 before the proposed start of such activity.
The approval or rejection shall be in writing and shall state the
condition of approval, if any, or the reasons for rejection.
D.
A variance granted to a business shall be considered void in the
event that business changes the size, quantity, location or use of
the noise-emitting equipment or machinery that it possesses, or in
the event that the business changes its location or hours of operation.
E.
In the event a variance is voided, nothing in this chapter shall
prohibit a resident or business owner from applying for a new variance.
In the event a variance application is denied, the owner of the property
in question may not apply for a new variance for that property for
90 days following the date of denial and, in the new variance application,
must detail the substantive changes that have been made to reduce
noise levels at that property since the previous application was submitted.
