[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:
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.
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.
Zones B1, Br, UC or PR designated in the current Zoning Regulations
and on the current Zoning Map of the Town of Farmington.
The duly appointed Chief of Police of the Town of Farmington or his
or her designee.
The assembly, erection, substantial repair, alteration, demolition,
or site preparation for public or private rights-of-way, buildings or structures,
utilities or property.
Any equipment or device operated in construction or demolition work.
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.
A logarithmic unit of measurement for sound, 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.
Any occurrence or set of circumstances involving imminent bodily
harm or property damage, which requires immediate action.
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.
Any motor vehicle that has a sound warning device, 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 danger.
Any sound, the intensity of which exceeds the standards set forth
in this chapter.
A device with an audible signal which, when activated, indicates
intrusion by an unauthorized person.
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.
Zones CR, C1 and EE designated in the current Zoning Regulations
and on the Zoning Map of the Town of Farmington.
A vehicle as defined in the Connecticut General Statutes § 14-1,
as amended, and motorcycles as defined in the Connecticut General Statutes
§ 14-1.
All the hours not defined as "daytime."
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."
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 other real property, including
all parts thereof and appurtenances thereto, owned or controlled by a person.
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.
All powered or manually operated tools and equipment used in the
repair and upkeep of property.
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.
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.
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.
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.
