The short title of this chapter shall be the
"Town of Wethersfield Noise Control Ordinance."
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 Wethersfield through the reduction, control and prevention
of noise.
As used in this chapter, the following terms
shall have the meanings indicated:
BACKGROUND 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 ZONE
Those areas so designated under the Village Business Zone
(VB), Town Center Zone (TC), Office Zone (O), General Business Zone
(GB), Regional Commercial Zone (RC) and Business Park Zone (BP) of
the Zoning Regulations of the Town of Wethersfield.
CHIEF OF POLICE
The Chief of Police of the Town of Wethersfield or a duly
authorized officer subject to his order.
CONSTRUCTION
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.
CONSTRUCTION EQUIPMENT
Any equipment or device operated by fuel or electric power
used in construction or demolition work.
DAYTIME HOURS
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.
DECIBEL
A unit of measurement of the sound level, 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.
DOMESTIC POWER EQUIPMENT
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.
EMERGENCY VEHICLE
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.
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 changes.
IMPULSE NOISE
Sound of short duration, usually less than one second, with
an abrupt onset and rapid delay.
INDUSTRIAL ZONE
Those areas so designated under the Office Zone (O) and Business
Park Zone (BP) of the Zoning Regulations of the Town of Wethersfield.
INTRUSION ALARM
A device with an audible signal and which, when activated,
indicates an intrusion by an unauthorized person.
MOTOR VEHICLE
A vehicle as defined in Subdivisions (30) and (31) of Section
14-1, Connecticut General Statutes, Revision of 1958, as amended.
MUFFLER
A device for abating sound such as escaping gases.
NIGHTTIME HOURS
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.
NOISE LEVEL
The sound-pressure level as measured with a sound-level meter
using the A-weighting network. The sound level is designated
"db(A)" or "db(a)."
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, 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.
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 and controlled by
another person and which separates real property from the public right-of-way.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley,
park, waterway, railroad or similar place which is owned or controlled
by a government entity.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis,
B.
Designed to be self-propelled or permanently towable by a light-duty
truck, and
C.
Designed primarily not for use as a permanent dwelling but as
a temporary living quarters for recreational, camping, travel or seasonal
use.
RESIDENTIAL ZONE
Those areas so designated under Open Space Zone (AA-OS),
AA Residence Zone, A-1 Residence Zone, A Residence Zone, B Residence
Zone, C Residence Zone, and Special Residential Development Zone (SRD)
of the Zoning Regulations of the Town of Wethersfield.
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 used to measure sound levels. A sound-level
meter shall conform, as a minimum, to the American National Standards
Institute operational specifications for sound level meters SI.4-1971
(Type S2A).
SOUND-PRESSURE LEVEL
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 X 10-6 newtons/meter2) or 0.0002 dyne 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.
C. The following steps should be taken when preparing
to take sound-level measurements:
(1) The instrument manufacturer's specific instructions
for the preparation and use of the instrument shall be followed.
(2) Measurements to determine compliance with §
105-5 shall be taken at a point that is located more or less one foot beyond the property line of the noise emitter's premises and within the noise receptor's premises.
(3) The recommended practices for determining statistical
noise levels shall be those as outlined in the document entitled "Connecticut
Noise Survey Data Form No. 101."
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
|
BP, O
[db(A)
|
VB, TC, GB, RC
[db(A)]
|
Residential Daytime Hours
[db(A)]
|
Residential Nighttime Hours
[db(A)]
|
---|
BP, O
|
70
|
66
|
61
|
51
|
VB, GB, TC, RC
|
62
|
62
|
55
|
45
|
Residential
|
62
|
55
|
55
|
45
|
The following activities are prohibited:
A. Motor vehicle noise. All motor vehicles operated within
the limits of the Town of Wethersfield shall be subject to the noise
standards and decibel levels set forth in the Department of Motor
Vehicle Regulations Sections 14-80a-1a through 14-80a-10a entitled
"Maximum Permissible Noise Levels from Vehicle."
B. Motor vehicle sound-amplifying devices. No sound-amplifying devices on or within motor vehicles shall emit noise in excess of the noise levels as specified in §
105-5.
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. All recreational vehicles
operated within the limits of the Town of Wethersfield shall be subject
to the noise standards and decibel levels set forth in the Department
of Motor Vehicle Regulations Sections 14-80a-1a through 14-80a-10a
entitled "Maximum Permissible Noise Levels from Vehicle."
This chapter has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter
73, Article
I, of the Code of the Town of Wethersfield shall be followed.
All provisions of the Zoning Regulations of
the Town of Wethersfield which are more stringent than those set forth herein shall
remain in force. 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 law or regulations, this chapter shall not
thereby be invalidated, and the remainder of the chapter shall continue
in effect.