[HISTORY: Adopted by the Board of Directors of the Town of Manchester
9-3-2002 (Secs. 10-91 to 10-98 of the 1996 Code). Amendments noted where applicable.]
CHARTER REFERENCES
Authority to prevent disturbing noise — See § 1-3(12)
and (44).
STATUTORY REFERENCES
Authority to prevent disturbing noise — See C.G.S. 7-148(c)(7)(H)(viii).
Noise pollution control — See C.G.S. 22a-67 et seq.
Excessive noise must be controlled by the Town to protect, preserve,
and promote the public health, safety and welfare. The Board of Directors
recognizes the fact that people have a right to and should be ensured an environment
free from excessive sound that may jeopardize their health, safety, or welfare.
For the purpose of this chapter, the following terms shall have the
meanings given herein, unless the context clearly indicates otherwise:
Noise which exists at a point as a result of the combination of many
distant sources, individually indistinguishable. In statistical terms, it
is the level which is exceeded 90% of the time (L90) during the time period
in which the measurement is taken. The measurement time period used to determine
background noise shall have a minimum duration of 15 minutes. During the measurement
of background noise, the noise from a potential emitter of excessive noise
under investigation shall not be present.
Those areas so designated under Article II, Sections b 14, 15, and
17 of the zoning regulations of the Town.
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.
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 occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.
Any sound, the intensity of which exceeds the standards set forth in § 223-6.
The duly appointed General Manager of the Town of Manchester.
Sound of short duration, usually less than a second, with an abrupt
onset and rapid decay.
Those areas so designated under Article II, Section 16 of the zoning
regulations of the Town.
A device with an audible signal which, when activated, indicates
intrusion by an unauthorized person.
The A-weighted noise level exceeded 90% of the time during the time
period in which the measurement was made. The determination of L90 to ascertain
background level requires a statistical analysis. Instruments that are designed
to determine the cumulative distribution of noise levels are preferred, used
either in the field or in the laboratory to analyze a tape recording. A graphic
level chart recording and visual interpretation of the chart recording to
determine the L90 level is also an acceptable method. Dynamic visual estimations
from a sound-level meter are not an acceptable method for determining such
levels.
A vehicle as defined in Subsection (26) of § 14-1 of the
General Statutes.[1]
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.
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 building, structure, land, or portion thereof, including all
appurtenances, owned or controlled by a person.
All engine or motor-powered tools and equipment used occasionally
in the repair and upkeep of exterior property and including, but not limited
to, lawn mowers, riding tractors, wood chippers, power saws, leaf blowers.
A device, either stationary or mobile, producing audible signal associated
with a set of circumstances involving actual or imminent danger to persons
or damage to property which demands immediate action.
All activity related to the clearing, cleaning, repair and upkeep
of public roads, sidewalks, sewers, water mains, utilities, and publicly owned
property.
Any internal-combustion engine-powered nonregistered vehicle which
is being used for recreational purposes.
Those areas so designated under Article II, Sections 1, 2, 3, 4,
5, 6 and 18 of the zoning regulations of the Town.
A transmission of energy through solid, liquid or gaseous media in
the form of alterations in pressure or position of the particles in the medium
and which, in air, may 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 requirements for a Type 2 instrument, given
in the current edition of the American National Standards Institute's Operational
Specifications for Sound Level Meters ANSI 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 micropascals (20 uPa), and is expressed
in decibels (dB).
[1]
Editor's Note: See now Subsection (47) of § 14-1 of the
General Statutes.
This chapter shall not apply to noise emitted by or related to:
The following shall be exempt from this chapter subject to the special
conditions noted:
A.Â
Noise created by the operation of property maintenance
equipment during daytime hours.
B.Â
Noise generated by any construction during daytime hours.
C.Â
Noise created by any recreational activities which are
sanctioned by the Town, including but not limited to parades, sporting events,
concerts, and firework displays.
D.Â
Noise created by blasting, provided that the blasting
is conducted between 8:00 a.m. and 5:00 p.m. local time and provided that
a permit for such blasting has been obtained from state or local authorities.
E.Â
Noise created by refuse and solid waste collection, provided
that such activity is conducted between 6:00 a.m. and 10:00 p.m.
F.Â
Noise created by fire or intrusion alarm which, from
time of activation of the audible signal, emits 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. However, the repetition of activation
of the audible signal of an intrusion alarm due to malfunction, lack of proper
maintenance, or lack of reasonable care shall be considered excessive noise.[1]
G.Â
Noise created by public facility maintenance, provided
that any equipment used shall be maintained in good repair so as to minimize
noise, and noise discharged from exhausts is adequately muffled to prevent
loud and/or explosive noises therefrom.
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 measurements
shall be sound-level meters as defined by this chapter.
A.Â
Noise levels. 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 this chapter.
B.Â
Noise level standards.
(1)Â
No person shall emit noise exceeding the levels stated
herein:
Zone in Which
Emitter is Located
|
Zone in Which
Receptor is Located
| ||||
---|---|---|---|---|---|
Industrial
(dBA)
|
Business
(dBA)
|
Residential
Daytime Hours
(dBA)
|
Residential
Nighttime Hours
(dBA)
| ||
Industrial
|
70
|
66
|
61
|
51
| |
Business
|
62
|
62
|
55
|
45
| |
Residential
|
62
|
55
|
55
|
45
|
C.Â
Background noise and impulse noise.
(1)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 dBA, provided that no source subject to this chapter shall emit noise in excess of 80 dBA at any time, and provided that this section shall not be interpreted as decreasing the noise level standards of Subsection B of this section.
(2)Â
No person shall cause or allow the emission of impulse
noise in excess of 80 dBA peak sound-pressure level during nighttime hours.
(3)Â
No person shall cause or allow the emission of impulse
noise in excess of 100 dBA peak sound-pressure level at any time.
D.Â
Motor vehicle noise.
(1)Â
All motor vehicles operated within the limits of the
Town shall be subject to the noise standards and decibel levels as set forth
in the regulations of the State Department of Motor Vehicles (9CT CMV), C.G.S.
§ 14-80a, entitled "Maximum noise levels."
(2)Â
No sound-amplifying devices, including but not limited to radios, tape and compact disc players, and other electronic devices on or within motor vehicles shall emit noise in excess of the noise levels as specified in Subsection B of this section as measured at a distance of 25 feet, or at the boundary of the nearest receptor's premises, whichever is less.
E.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 nonregistered 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 in Subsection B of this section.
F.Â
Noise from liquor permittees. All permit premises where
alcoholic liquor is consumed on the premises operated within the limits of
the Town shall be subject to the noise standards as set forth in the regulations
of the State Department of Consumer Protection (CT DCP) C.G.S. § 30-55a,
entitled "Suspension of permit for failure to pay unemployment compensation
contributions; violation of noise standards by liquor permittees; penalties."
Any person in violation of any of the provisions of this chapter shall
be deemed guilty of an offense and, upon conviction thereof, shall be fined
in an amount not to exceed $100. In lieu of arrest and issuance of a summons,
a police officer may serve upon a violator an infraction notice which shall
be known as a "noise ticket." Payment of the fine prescribed by such noise
ticket within the time limit specified thereon shall constitute a plea of
nolo contendere and shall save the violator harmless from prosecution for
the offense cited.
A.Â
Any person residing or doing business in the Town may
apply to the General Manager for a variance from one or more of the provisions
of this chapter which are more stringent than the State Department of Environmental
Protection's regulations for the control of noise, provided that the applicant
supplies all of the following information to the General Manager at least
20 days prior to the start of such activity:
B.Â
No variance from these regulations shall be issued unless
it has been demonstrated that:
(1)Â
The proposed activity will not violate any provisions
of the State 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 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.
D.Â
Failure to rule on the application in the designated
time shall constitute approval of the variance.