[HISTORY: Adopted by the Town Council of the Town of Farmington 5-27-1969
by Ord. No. 61; amended in its entirety 5-9-2006.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: The changes enacted by this ordinance were reviewed
and approved by the State of Connecticut Department of Environmental Protection.
Said approval was received 6-26-2006. This ordinance became effective 6-27-2006.
A.
The making and creation of unreasonably loud, unnecessary
or disturbing noises within the limits of the Town of Farmington 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 Farmington.
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 Farmington 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. This regulation shall not limit or supersede any
zoning approval and/or condition of approval for any such property.
No person shall, within the limits of the Town, create or cause to be
created any unreasonably loud, unnecessary or disturbing noise. A noise shall
be deemed to be unreasonably loud and a violation of this chapter under the
following circumstances:
A.
Any sound radiated for continuous or recurrent periods
regardless of the source from any premises which produces sound-pressure levels
at any point on the property line of said premises in excess of the A scale
limits measured in decibels, as found in this chapter, except all motor vehicles
and motorcycles operating within the limits of the Town of Farmington on public
and/or private highways, streets, drives, boulevards, lanes and avenues generally
open to the public and/or located on private property 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."
B.
In those individual cases where the background noise
levels 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 this chapter
shall emit noise in excess of 80 dBA, at any time, and provided that this
subsection shall not be interpreted as decreasing the noise level standards
of this chapter.
A.
The use of the property shall determine the scale limits
to be applied. If the property use or its intended use cannot be determined,
the designation on the Current Zoning Map of the Town of Farmington shall
apply.
B.
The microphone used to measure the loudness of a noise
shall be placed at a point on the property line of the emitter closest to
the receptor and/or at the property line of any neighboring property (that
may or may not be contiguous) with a more restrictive decibel allowance. In
cases where the emitter is located on jointly owned property, such as condominiums,
industrial parks, etc., the microphone shall be placed at a 50-foot distance
from the noise source. In all cases the microphone shall be no closer than
five feet from any wall and not less than three feet above the ground. Sound
pressure levels shall be measured with a sound-level meter having an A-weighted
measuring scale.
C.
In measuring sound-pressure levels for the purpose of
enforcing this chapter, an allowance of two decibels shall be made.
When used in this chapter, the terms below shall have the following
meanings:
- AMBIENT NOISE
- 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.
- BUSINESS USE
- Properties where the primary use of the property is business-orientated to include but not limited to retail store, personal service shop, business office, medical office, bank, convenience store, fast-food restaurant, restaurant, shop, studio and sample room, hotel, motel, theater, laundry, newspaper and print shop, radio and television broadcasting studio, funeral home, health club, sports facility, club and fraternal organizations, banquet hall, day-care center, animal hospital and the sale, service, storage and repair of motor vehicles excluding auto body work. When the primary use or the intended use of the property cannot be determined, or when the property is vacant, the property designation B1, BR, UC or PR on the current Zoning Map for the Town of Farmington shall apply.
- BUSINESS ZONE
- Zones B1, Br, UC or PR designated in the current Zoning Regulations and on the current Zoning Map of the Town of Farmington.
- CHIEF OF POLICE
- The duly appointed Chief of Police of the Town of Farmington or his or her designee.
- CONSTRUCTION
- The assembly, erection, substantial repair, alteration, demolition, or site preparation for public or private rights-of-way, buildings or structures, utilities or property.
- CONSTRUCTION EQUIPMENT
- Any equipment or device operated in construction or demolition work.
- DAYTIME HOURS
- 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 Sunday and legal holidays.
- DECIBEL
- A logarithmic unit of measurement for sound, the symbol for which is dB.
- DEMOLITION
- Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
- EMERGENCY
- Any occurrence or set of circumstances involving imminent bodily harm or property damage, which requires immediate action.
- EMERGENCY EQUIPMENT
- Equipment on property used to prevent or minimize effects from an emergency and/or condition that may be hazardous, including, but not limited to, snow removal, damaged tree removal, downed power lines and/or excavation to repair broken waterlines, sewer lines and power lines and/or the use of equipment to generate power in the event of power outages.
- EMERGENCY VEHICLE
- Any motor vehicle that has a sound warning device, such as sirens and bells, which can lawfully be used when responding to an emergency.
- EMERGENCY WORK
- 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.
- EXCESSIVE NOISE
- Any sound, the intensity of which exceeds the standards set forth in this chapter.
- INTRUSION ALARM
- A device with an audible signal which, when activated, indicates intrusion by an unauthorized person.
- INDUSTRIAL USE
- Properties where the primary use of the property is industrial. Such uses include, but are not limited to, laundry, warehousing, distribution center, bakery, manufacturing, fabricating, processing, and assembly, trucking company, concrete batching operation, research and testing laboratory, yard for coal, lumber, and building materials, wholesaling establishments. NOTE: If the use of the property or its intended use cannot be determined or if the property is vacant, the property's designation on the current Planning and Zoning Map CR, C1 and EE for the Town of Farmington shall apply.
- INDUSTRIAL ZONE
- Zones CR, C1 and EE designated in the current Zoning Regulations and on the Zoning Map of the Town of Farmington.
- MOTOR VEHICLE
- A vehicle as defined in the Connecticut General Statutes § 14-1, as amended, and motorcycles as defined in the Connecticut General Statutes § 14-1.
- NIGHTTIME HOURS
- All the hours not defined as "daytime."
- NOISE LEVEL
- A frequency-weighted sound pressure level as measured with a sound level meter using the A-weighting network. The level so read is designated "dBA."
- 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 other real property, including all parts thereof and appurtenances thereto, owned or controlled by a person.
- PROPERTY LINE
- 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 the public right-of-way.
- PROPERTY MAINTENANCE EQUIPMENT
- All powered or manually operated tools and equipment used in the repair and upkeep of property.
- RESIDENTIAL USE
- Properties where the primary use of the property is for family dwellings and shall include school, day camp, hospital, nursing home, charitable and philanthropic institution, group day-care home, bed-and-breakfast establishment, public utility building and structure, country club, radio and television tower, communication facility, community building, farm, church, college, library, school. NOTE: If the use of the property or its intended use cannot be determined or if the property is vacant, the property's designation on the current Zoning Map R80, R40, R30, R20, R12, R12LG, R9, R9LG, RDM, RA and SA for the Town of Farmington shall apply.
- RESIDENTIAL ZONE
- Zones R80, R40, R30, R20, R12, R12LG, R9, R9LG, RDM, RA and SA designated in the current Zoning Regulations and on the Zoning Map of the Town of Farmington.
- SAFETY AND PROTECTIVE DEVICES
- 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; back-up alarms required by OSHA or other state or federal safety regulations; horns, whistles or other warning devices associated with pressure buildup.
- SOUND PRESSURE LEVEL
- Twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of a sound to the reference pressure of twenty (20) micro Pascals, expressed in decibels (dB) units.
The following shall be exempt from the provisions of this chapter:
A.
Sounds created by emergency activities or emergency vehicles,
sounds giving warning of emergencies or sounds customarily signaling particular
time(s) of the day.
B.
Sounds created by parades, carnivals and other special
public social events, upon a showing of good cause, provided that a permit
for such event is obtained at least three days in advance from the Chief of
Police.
C.
Sounds created by property maintenance equipment on any
property, regardless of use or zone of the property, that are used for the
purpose of property maintenance. Such equipment must be properly maintained
and must be functioning properly. Such equipment may be used only between
the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday and 8:00 a.m.
and 6:00 p.m. on Sunday. This exemption does not extend to the operation of
equipment in a residential use property/zone for uses other than maintenance,
such as, but not limited to, the repairing of vehicles or any hobby or activity
that generates noise over the decibel level allowed for that use or residential
zone.
D.
Any safety and protective devices designed to be used,
and are 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, back-up alarms required
by OSHA or other state or federal safety regulations, horns, whistles or other
warning devices associated with pressure buildup.
E.
Sounds created by the use of emergency equipment. Such
equipment must be maintained properly and must be functioning properly.
F.
Sounds created by the use of intrusion alarms.
Construction or demolition of buildings or structures and the maintenance
and construction of streets or highways may be performed only during the hours
between 7:00 a.m. and 6:00 p.m. on Mondays through Saturdays, excluding legal
holidays. For such work to be performed at any other time, application shall
be made to the Chief of Police for a limited special permit, which shall be
granted only for good cause shown to exist.
A.
All motor vehicles and motorcycles operating within the
limits of the Town of Farmington on public and/or private highways, streets,
drives, boulevards, lanes and avenues generally open to the public and/or
located on private property 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."
B.
No sound amplifying devices on or within a motor vehicle
shall emit noise in excess of the noise levels as allowed for the zone where
the sound is generated as specified in this chapter.
The 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 shall constitute a separate offense.
This chapter shall be enforced by citations issued by designated municipal officers or employees. The citation hearing procedure established by Chapter 91 of the Farmington Code shall be followed.
A.
The following shall be the A scale limits:
Property Use Emitter
|
Property Use Receptor
| |||||
---|---|---|---|---|---|---|
Residential
|
Business
|
Industrial
| ||||
Day
|
Night
|
Day
|
Night
|
Day
|
Night
| |
Residential
|
51
|
46
|
51
|
46
|
51
|
46
|
Business
|
56
|
51
|
56
|
56
|
56
|
56
|
Industrial
|
61
|
56
|
61
|
56
|
64
|
61
|
B.
The microphone used to measure the loudness of a noise
shall be placed at a point on the property line of the emitter closest to
the receptor and/or at the property line of any neighboring property (that
may or may not be contiguous) with a more restrictive decibel allowance. In
cases where the emitter is located on jointly owned property, such as condominiums,
industrial parks, etc., the microphone shall be placed at a 50 foot distance
from the noise source. In all cases the microphone shall be no closer than
five feet from any wall and not less than three feet above the ground. Sound
pressure levels shall be measured with a sound-level meter having an A-weighted
measuring scale.
C.
The use of the property shall determine the scale limits
to be applied. If the property use or its intended use cannot be determined,
the designation on the Current Zoning Map of the Town of Farmington shall
apply.
D.
In measuring sound-pressure levels for the purpose of
enforcing this chapter, an allowance of two decibels shall be made.
E.
No sound-amplifying devices on or within a motor vehicle
shall emit noise in excess of the noise levels as allowed for the property
use and/or zone where the sound is generated as specified in this chapter.