Excessive noise must be controlled by the Town to protect, preserve
and promote the public health, safety and welfare. The Town Council recognizes
the fact 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.
As used in this chapter, the following words and terms shall have the
meanings hereinafter set out:
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) in which the measurement
is taken.
BUSINESS ZONE
Those zone districts listed in Section 2 of the Newington Zoning
Regulations and shown on the Official Zoning Map adopted by the Town Plan
and Zoning Commission.
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.
EXCESSIVE NOISE
Any sound, the intensity of which exceeds the standards set forth in §
291-6 of this chapter.
IMPULSE NOISE
Sound of short duration, usually less than one second, with an abrupt
onset and rapid decay.
INDUSTRIAL ZONE
Those zone districts listed in Section 2 of the Newington Zoning
Regulations and shown on the Official Zoning Map adopted by the Town Plan
and Zoning Commission.
INTRUSION ALARM
A device with an audible signal which, when activated, indicates
intrusion by an unauthorized person.
MOTOR VEHICLE
A vehicle as defined in Subdivisions (25) and (26) of C.G.S. § 14-1,
as amended.
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.”
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.
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 vehicle which is being used
for recreational purposes.
RESIDENTIAL ZONE
Those zone districts listed in Section 2 of the Newington Zoning
Regulations and shown on the Official Zoning Map adopted by the Town Plan
and Zoning Commission.
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's operational
specifications for sound level meters 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 micronewtons per square meter (20
x 10-6 Newtons/meters2)
and is expressed in decibels (dB).
TOWN MANAGER
The duly appointed Town Manager of the Town or his designee.
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.
H. Warning devices required by the Occupational Safety and Health
Administration or other state or federal safety regulations.
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 equipment operated
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 fireworks 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 a 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.
G. Noise created by public facility maintenance during daytime
hours.
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 §
291-6 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.