[HISTORY: Adopted by the Town Council of
the Town of Wethersfield as Secs. 3-4-1 through 3-4-12 of the Code
of 1972; amended in its entirety 2-21-2006. Subsequent amendments noted where applicable.]
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:
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.
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.[1]
The Chief of Police of the Town of Wethersfield or a duly
authorized officer subject to his order.
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.
Any equipment or device operated by fuel or electric power
used in construction or demolition work.
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.
A unit of measurement of the sound level, 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.
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.
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.
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.
Any sound, the intensity of which exceeds the standards set forth in § 105-5.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid delay.
Those areas so designated under the Office Zone (O) and Business
Park Zone (BP) of the Zoning Regulations of the Town of Wethersfield.[2]
A device with an audible signal and which, when activated,
indicates an intrusion by an unauthorized person.
A device for abating sound such as escaping gases.
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.
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)."
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, 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.
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.
Any street, avenue, boulevard, highway, sidewalk, alley,
park, waterway, railroad or similar place which is owned or controlled
by a government entity.
A vehicle which is:
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.[4]
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 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).
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).
[3]
Editor's Note: At the time of original amendment of this definition,
these subsections referred to the defined terms "motor vehicle" and
"new motor vehicle." See now C.G.S. § 14-1(50) and (52).
For the purpose of determining noise levels
as set forth in this chapter, the following guidelines shall be applicable:
A.Â
A person conducting sound measurements shall have
been trained in the techniques and principles of sound-measuring equipment
and instrumentation.
B.Â
Instruments used to determine sound-level measurement
shall be sound-level meters as defined by this chapter.
C.Â
The following steps should be taken when preparing
to take sound-level measurements:
(1)Â
The instrument manufacturer's specific instructions
for the preparation and use of the instrument shall be followed.
(2)Â
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)Â
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
|
A.Â
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
levels by five db(A), provided that no source subject to the provisions
of this chapter shall emit noise in excess of 80 db(A) at any time
and provided that this section does not decrease the permissible levels
of other sections of this chapter.
B.Â
No person shall cause or allow the emission of impulse
noise in excess of 80 db peak sound-pressure level during nighttime
hours to any residential zone.
C.Â
No person shall cause or allow the emission of impulse
noise in excess of 100 db peak sound-pressure level at any time to
any zone.
A.Â
This chapter shall not apply to noise emitted by or
related to:
(1)Â
Natural phenomena.
(2)Â
Any bell or chime from any building clock, school
or church.
(3)Â
Any siren, whistle or bell lawfully used by emergency
vehicles or any other alarm systems used in an emergency situation.
(4)Â
A public emergency sound signal.
(5)Â
Warning devices required by the Occupational Safety
and Health Administration or other state or federal safety regulations.
(6)Â
Farming equipment or farming activity.
(7)Â
An emergency.
(8)Â
Snow removal equipment.
B.Â
The following shall be exempt from this chapter, subject
to special conditions as specified:
(1)Â
Noise generated by any construction equipment which is operated during daytime hours, provided that the operation of construction equipment during nighttime hours shall not exceed the maximum noise levels as specified in § 105-5.
(2)Â
Noise from domestic power equipment operated during
daytime hours.
(3)Â
Noise from demolition work conducted during daytime
hours, provided that when considered emergency work, demolition shall
be exempted at all times from the noise levels set in this chapter.
(4)Â
Noise created by any aircraft flight operations which
are specifically preempted by the Federal Aviation Administration.
(5)Â
Noise created by any recreational activities which
are permitted by law and for which a license or permit has been granted
by the Town, including but not limited to parades, sporting events,
concerts and fireworks displays.
(6)Â
Noise created by blasting other than that conducted
in connection with construction activities shall be exempted, provided
that the blasting is conducted between 8:00 a.m. and 5:00 p.m. local
time, at specified hours previously announced to the local public
and provided that a permit for such blasting has been obtained from
local authorities.
(7)Â
Noise created by leaf, refuse and solid waste collection,
provided that the activity is conducted during the hours specified
in this Code or, if no hours are specified or are specifically prohibited,
then during daytime hours.
(8)Â
Noise created by fire or intrusion alarm shall, from
time of activation of the audible signal, emit noise for a period
of time not exceeding 10 minutes when such alarm is attached to a
vehicle or 30 minutes when attached to any building or structure.
(9)Â
Public-address systems used in election campaign activities
during daylight hours only.
The following activities are prohibited:
A.Â
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.Â
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.Â
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."
A.Â
Any person living or doing business in Wethersfield
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 Environmental Protection regulations for the control
of noise, provided that the applicant supplies all of the following
information to the Chief of Police at least 20 days prior to the start
of the activity for which the variance is sought:
B.Â
No variance from this chapter shall be granted unless
it has been demonstrated that:
(1)Â
The proposed activity will not violate any provisions
of the Connecticut Department of Environmental Protection regulations;
(2)Â
The noise levels generated by the proposed activity
will not constitute a danger to the public health; and
(3)Â
Compliance with this chapter constitutes an unreasonable
hardship on the applicant.
C.Â
The application for a variance shall be reviewed and
approved or rejected at least five days prior to the start of the
proposed activity. Approval or rejection shall be made in writing
and shall state the condition(s) of approval, if any, or the reason(s)
for rejection.
D.Â
Failure to rule on an application within the designated
time shall constitute approval of the variance.
All provisions of the Zoning Regulations of
the Town of Wethersfield[1] 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.
