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:
BACKGROUND NOISE
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.
COMMERCIAL ZONE
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.
DAYTIME HOURS
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.
DECIBEL
A unit of measurement of sound levels.
EMERGENCY
Any occurrence involving actual or imminent danger to persons
or damage to property which demands immediate action or any occurrence
involving prolonged power outages.
EXCESSIVE NOISE
Any sound, the intensity of which exceeds the standard set forth in §
270-3 of this chapter.
IMPULSE NOISE
Noise of short duration, usually less than one second, with
an abrupt onset and rapid decay.
INDUSTRIAL ZONE
Those areas designated for industrial use in the Zoning Regulations
of the Town of Winchester, also known as "Production and Innovation"
Zones.
INTRUSION ALARM
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.
LAWN CARE AND MAINTENANCE EQUIPMENT
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.
MOTOR VEHICLE
Shall be given that meaning which is provided for by C.G.S.
§ 14-1(a)(47).
NIGHTTIME HOURS
Any hours not designated as "daytime hours," as defined above.
PERSON
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.
PREMISES
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.
PROPERTY LINE
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.
RESIDENTIAL ZONE
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.
SOUND
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.
SOUND LEVEL METER
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.
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:
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.
M. Properties that have a pending noise variance application under §
270-9 hereof.
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.