[HISTORY: Adopted by the Town Meeting of the Town of Old Saybrook 8-4-1981
by Ord. No. 56. Amendments noted where applicable.]
This chapter shall be know as the "Town of Old Saybrook 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 or safety or welfare or degrade the quality of life. This chapter is
enacted to protect, preserve, and promote the health, safety, welfare, and
quality of life for the citizens of Old Saybrook through the reduction, control,
and prevention of noise.
The following definitions shall apply in the interpretation and enforcement
of this chapter:
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.
The Board of Selectmen of the Town of Old Saybrook or a duly authorized
officer subject to its orders.
All of those districts set forth in Article III of Chapter 303, Zoning Regulations, of the Code of the Town of Old Saybrook and all uses associated therewith either permitted as a right or as a special use.
Any site preparation, assembly, erection, substantial repair, alteration,
or similar action, but excluding demolition, for or of public or private rights-of-way,
structures, utilities, or similar 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 9:00 a.m. through 10:00 p.m. on Sundays.
A logarithmic unit of measure used in measuring magnitudes of sound.
The symbol is dB.
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
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 occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.
Any motor vehicle authorized by the Town of Old Saybrook 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 danger.
Sound of short duration, usually less than one second, with an abrupt
onset and rapid decay.
Industrial Districts as defined in Article IV of Chapter 303, Zoning Regulations, of the Code of the Town of Old Saybrook, and all uses associated therewith either permitted as a right or as a special use.
Defined as per C.G.S. § 14-1(26).
A device for abating sounds such as escaping gases.
The hours between 10:00 p.m. and 7:00 a.m., Sunday evening through
Saturday morning, except that night shall mean the hours between 10:00 p.m.
Saturday and 9:00 a.m. Sunday.
Any sound, the intensity of which exceeds the standards set forth in § 152-5B of this chapter.
The sound pressure level as measured with a sound level meter using
the A-weighting network. The level so read is designated dB(A) or 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 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.
The 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:
Any street, avenue, boulevard, highway, sidewalk, alley, park, waterway,
railroad or similar place which is owned or controlled by a governmental entity.
Any vehicle powered by an internal combustion engine which is being
used for recreational purposes.
Those residential districts set forth in Article II of Chapter 303, Zoning Regulations, of the Code of the Town of Old Saybrook and all uses associated therewith either permitted as a right or as a special use.
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 take sound level measurements and which should
conform, as a minimum, to the operational specifications of the American National
Standards Institute for Sound Level Meters S1. 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),
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.
All personnel conducting sound measurements shall be
trained in the current techniques and principles of sound measuring equipment
and instrumentation.
B.
Instruments used to determine sound level measurements
shall conform to the sound level meters as defined by this chapter.
C.
The general steps listed below shall be followed 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)
The sound level meter shall be calibrated before and
after each set of measurements.
(3)
When measurements are taken out of doors, a wind screen
shall be placed over the microphone of the sound level meter as per the manufacturer's
instructions.
(4)
The sound level meter shall be placed at an angle to
the sound source as specified by the manufacturer's instructions and
at least four feet above the ground. It shall be so placed as not to be interfered
with by individuals conducting the measurements.
(5)
Measurements shall be taken at a point that is located
about one foot beyond the boundary of the emitter's premises within the
receptor's premises. The emitter's premises includes his/her individual
unit of land or group of contiguous parcels under the same ownership as indicated
by public land records.
D.
The recommended practices for determining statistical
noise levels shall be those as outlined in the document entitled "Connecticut
Noise Survey Data Form #101."
A.
It shall be unlawful for any person to emit or cause
to be emitted any noise beyond the boundaries of his/her premises in excess
of the noise levels established in these regulations.
B.
Noise level standards.
(1)
No person in a residential zone shall emit noise beyond
the boundaries of his/her premises exceeding the levels stated herein and
applicable to adjacent residential, commercial or industrial zones:
|
Receptor's Zone
| |||||
|---|---|---|---|---|---|
|
Emitter' s Zone
|
Industrial
|
Commercial
|
TResidential/Day
|
Residential/Night
| |
|
Residential
|
62 dBA
|
55 dBA
|
55 dBA
|
45 dBA
| |
(2)
No person in a commercial zone shall emit noise beyond
the boundary of his/her premises exceeding the levels stated herein and applicable
to adjacent residential, commercial or industrial zones:
|
Receptor's Zone
| |||||
|---|---|---|---|---|---|
|
Emitter' s Zone
|
Industrial
|
Commercial
|
Residential/Day
|
Residential/Night
| |
|
Commercial
|
62 dBA
|
62 dBA
|
55 dBA
|
45 dBA
| |
(3)
No person in an industrial zone shall emit noise beyond
the boundary of his/her premises exceeding the levels stated herein and applicable
to adjacent residential, commercial or industrial zones:
|
Receptor's Zone
| |||||
|---|---|---|---|---|---|
|
Emitter' s Zone
|
Industrial
|
Commercial
|
Residential/Day
|
Residential/Night
| |
|
Emitter's Zone
|
70 dBA
|
66 dBA
|
61 dBA
|
51 dBA
| |
C.
High background noise levels and impulse noise.
(1)
In those individual cases where the background noise
levels caused by sources not subject to these regulations 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 the provisions 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 of other sections of this chapter.
(2)
No person shall cause or allow the emission of impulse
noise in excess of 80 dB peak sound pressure level during the nighttime to
any residential noise zone.
(3)
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.
D.
Exclusions. These levels shall not apply to noise emitted
by or related to:
(1)
Natural phenomena.
(2)
Any bell or chime from any building clock, school, or
church.
(3)
Any siren, whistle, or bell lawfully used by emergency
vehicles or any other alarm systems used in an emergency situation; provided,
however, that burglar alarms not terminating within 30 minutes after being
activated shall be unlawful.
(4)
Warning devices required by OSHA or other state or federal
safety regulations.
(5)
Farming equipment or farming activity.
E.
Exemptions. The following shall be exempt from these
regulations subject to special conditions as spelled out:
(1)
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 § 152-5B.
(2)
Noise created as a result of or relating to an emergency.
(3)
Noise from domestic power equipment such as, but not
limited to, power saws, sanders, grinders, lawn and garden tools or similar
devices operated during daytime hours.
(4)
Noise from snow removal equipment.
(5)
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 regulation.
(6)
Noise created by any aircraft flight operations which
are specifically preempted by the Federal Aviation Administration.
(7)
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.
(8)
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, or provided that a permit
for such blasting has been obtained from local authorities.
(9)
Noise created by refuse and solid waste collection, provided
that the activity is conducted during daytime hours.
The following activities are prohibited:
A.
Vehicle horns: No person shall at any time sound any
horn or other audible signal device of a motor vehicle unless it is necessary
as a warning to prevent or avoid a traffic accident.
B.
Truck idling: No person shall operate an engine or any
standing motor vehicle with a weight in excess of 10,000 pounds manufacturer's
gross vehicle weight (GVW) for a period in excess of 10 minutes when such
vehicle is parked on a residential premises or on a Town road next to a residential
premises.
C.
Exhaust discharge: No person shall discharge into the ambient air the blow-down of any steam vent of the exhaust of any stationary internal combustion engine or air compressor equipment, unless such discharge be through a muffler as defined by § 152-3 of this chapter or through an apparatus providing equal noise reduction.
A.
All motor vehicles operated within the limits of the
Town of Old Saybrook shall be subject to the noise standards and decibel levels
set forth in the regulations authorized in C.G.S. § 14-80a.
No person shall create or cause to be created any unreasonably loud or disturbing noise due to the operation of a recreational vehicle. A noise shall be deemed to be unreasonably loud and a violation of this chapter when the noise so generated exceeds the noise level standards set forth in § 152-5B.
A.
For the purpose of determining compliance with the provisions
of this chapter, the Board of Selectmen or its designated representative is
hereby authorized to make inspections of all noise sources and to take measurements
and make tests whenever necessary to determine the quantity and character
of noise. In the event that any person refuses or restricts entry and free
access to any part of a premises or refuses inspection, testing or noise measurement
of any activity, device, facility, or process where inspection is sought,
the Board of Selectmen or its designated representative may seek from the
appropriate court a warrant without interference, restriction or obstruction,
at a reasonable time, for the purpose of inspecting, testing or measuring
noise.
B.
It shall be unlawful for any person to refuse to allow
or permit the Board of Selectmen or its designated representative free access
to any premises when the Board of Selectmen or its designated representative
is acting in compliance with a warrant for inspection and order issued by
the appropriate court.
C.
It shall be unlawful for any person to violate the provisions
of any warrant or court order requiring inspection, testing or measurement
of noise sources.
D.
No person shall hinder, obstruct, delay, resist, prevent
in any way, interfere or attempt to interfere with any authorized person while
in the performance of his/her duties under this chapter.
A.
Variances.
(1)
Any person living or doing business in Old Saybrook may
apply to the Board of Selectmen 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 Board
of Selectmen at least 20 days prior to the start of said activity.
(2)
No variance from these regulations shall be issued unless
it has been demonstrated that:
(a)
The proposed activity will not violate any provisions
of the Connecticut Department of Environmental Protection regulations;
(b)
The noise levels generated by the proposed activity will
not constitute a danger to the public health; and
(c)
Compliance with the regulations constitutes an unreasonable
hardship on the applicant.
(3)
The application for variance shall be reviewed and either
approved or rejected at least five days prior to the proposed start of said
activity. The approval or rejection shall be in writing and shall state the
condition of approval, if any, or the reasons for rejection.
(4)
Failure to rule on the application in the designated
time shall constitute approval of the variance.
B.
Contracts. Any written agreement, purchase order or contract
whereby the Town of Old Saybrook is committed to an expenditure of funds in
return for work, labor, services, supplies, equipment, materials or any combination
thereof shall not be entered into unless such agreement, purchase order or
instrument contains provisions that any equipment or activities which are
subject to the provisions of this chapter will be operated, constructed, conducted
or manufactured without violating the provisions of this chapter.
All provisions of Chapter 303, Zoning Regulations, of the Code of the Town of Old Saybrook 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, this chapter shall not hereby be invalidated and the remainder of this chapter shall continue in effect. Any provision herein which is in conflict with the Connecticut General Statutes or the Public Health Code of the State of Connecticut are hereby repealed, it being understood that said statutes and code shall take precedence over this chapter.
Any person in violation of any of the provisions of this chapter shall,
upon conviction, be fined in an amount not to exceed $100. Each day such violation
continues after the time for correction of the violation has been given in
an order shall constitute a continuing violation, and the amount of the fine
shall be doubled for each day said violation continues.
