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:
BACKGROUND NOISE
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.
BUSINESS ZONE
Those areas so designated under Article II, Sections b 14, 15, and
17 of the zoning regulations of the Town.
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.
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."
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.
GENERAL MANAGER
The duly appointed General Manager of the Town of Manchester.
IMPULSIVE NOISE
Sound of short duration, usually less than a second, with an abrupt
onset and rapid decay.
INDUSTRIAL ZONE
Those areas so designated under Article II, Section 16 of the zoning
regulations of the Town.
INTRUSION ALARM
A device with an audible signal which, when activated, indicates
intrusion by an unauthorized person.
L90
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.
MOTOR VEHICLE
A vehicle as defined in Subsection (26) of § 14-1 of the
General Statutes.
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
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.
PREMISES
Any building, structure, land, or portion thereof, including all
appurtenances, owned or controlled by a person.
PROPERTY MAINTENANCE EQUIPMENT
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.
PUBLIC EMERGENCY SOUND SIGNAL
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.
PUBLIC FACILITY MAINTENANCE
All activity related to the clearing, cleaning, repair and upkeep
of public roads, sidewalks, sewers, water mains, utilities, and publicly owned
property.
RECREATIONAL VEHICLE
Any internal-combustion engine-powered nonregistered vehicle which
is being used for recreational purposes.
RESIDENTIAL ZONE
Those areas so designated under Article II, Sections 1, 2, 3, 4,
5, 6 and 18 of the zoning regulations of the Town.
SOUND
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.
SOUND-LEVEL METER
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).
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 micropascals (20 uPa), and is expressed
in decibels (dB).
This chapter shall not apply to noise emitted by or related to:
B. The unamplified sound made by any wild animal;
C. A bell or chime from any building clock, school or church;
D. A public emergency sound signal;
E. Farming equipment or farming activity;
The following shall be exempt from this chapter subject to the special
conditions noted:
A. Noise created by the operation of property maintenance
equipment during daytime hours.
B. Noise generated by any construction during daytime hours.
C. 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. 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. 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. 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.
G. 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. 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 measurements
shall be sound-level meters as defined by this chapter.
C. The following steps shall 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 §
223-6 shall be taken at a point that is located more or less one foot beyond the boundary of the emitter's premises and within the receptor's premises.
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.