[HISTORY: Adopted by the Town Council of the Town of North Branford 6-5-1990 as Ord. No. 165, effective 7-4-1990. Amendments noted where applicable.]
The making, creation or maintenance of unreasonably loud, unnecessary or disturbing noises, as prescribed in this chapter, affect and are a detriment to the public health, comfort, convenience, safety, welfare, peace and quiet of persons within the Town of North Branford and, as such, shall constitute unlawful acts. Therefore, no person shall create, cause to be created or allow the emission of sound beyond the boundaries of his property so as to cause noise pollution in the Town of North Branford or so as to violate any provisions of this chapter.
When used in this chapter, the terms below shall have the following meanings:
- Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition of public or private rights-of-way, structures, utilities or similar property.
- From 7:00 a.m. to 9:00 p.m., local time.
- A unit for measuring the volume of sound, equal to 20 times the logarithm to the base 10 of the ratio of the root mean square of the pressure of the sound measured to a reference pressure of 20 micropascals.
- The person who creates, causes to be created or allows the noise.
- From 9:00 p.m. until 12:00 midnight, and from 12:00 midnight until 7:00 a.m.
- Any individual, firm, partnership, company, corporation, association, trust, syndicate, agency or other legal entity of any kind.
- The person who receives the noise impact.
- SOUND LEVEL
- The A-weighted sound-pressure level, expressed in decibels (dBA), measured on a sound-level meter.
- SOUND-LEVEL METER
- An instrument which includes a microphone, amplifier, RMS detector, integrator or averager, output meter and weighting networks, all at a minimum conforming to the requirements set forth in the American National Standards Institute's American National Standard for Sound Level Meters [ANSI S.1.4 - 1971 (Type S2A) Sound Level Meter].
Noise zones within the Town of North Branford shall be classified as to zoning applicable for the parcel or tract of land and the surrounding parcels or tracts. Noise zones specified herein shall correspond to the following zoning descriptions in the Zoning Regulations and Zoning Map of the Town of North Branford:
No person shall emit or cause to be emitted sound exceeding the sound levels stated herein when measured at any point on a receptor's tract or parcel of land.
Sound levels determined by the Zoning Enforcement Officer to be in excess of these values shall constitute proof of violation of this chapter.
This chapter shall not apply to:
Sound generated by natural phenomena, including but not limited to wind, storms, insects, birds, amphibious creatures and water flowing in its natural course.
The unamplified sound of the human voice.
The unamplified sound made by any wild or domestic animal.
Sound created by bells, carillons or chimes associated with specific religious observances.
Sound created by a public emergency sound signal attached to an authorized emergency vehicle in the immediate act of responding to an emergency, or located within or attached to a building, pole or other structure for the purpose of sounding an alarm relating to fire or civil preparedness.
Sound created by safety and protective devices, provided that such device is sounded as a warning of imminent danger or from the release of pressure buildup.
Sound created by intrusion alarms, provided that the emission of noise from such devices does not exceed 10 minutes when attached to any vehicle or 30 minutes when attached to any building or structure.
Backup alarms required by Occupational Safety and Health Administration or other municipal, state or federal safety regulations.
Farming equipment or farming activity.
The following noises shall be exempted from the provisions of this chapter:
Noise created by signal testing, principally siren-tested by city fire departments and civil preparedness units.
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 § 170-4.
Noise generated by engine-powered or motor-driven lawn care or maintenance equipment on Class A property between the hours of 8:00 a.m. and 9:00 p.m., provided that noise discharged from exhausts is adequately muffled to prevent loud noises therefrom.
Noise created by snow removal equipment at any time, provided that noise discharged from exhausts is adequately muffled to prevent loud noises therefrom.
Noise created by blasting, provided that the blasting is conducted between 8:00 a.m. and 5:00 p.m. at specified hours previously announced to the local general public.
Noise created by an on-site recreational or sporting activity which is sanctioned by town government.
Noise created by patriotic or public celebrations, such as parades, carnivals and firework displays, provided that a permit has been obtained in advance from the Chief of Police.
Noise created by aircraft or components designed for or utilized in the development of aircraft.
The Planning and Zoning Department, under the direction of the Planning and Zoning Administrator, shall be responsible for investigating complaints of noise pollution.
The Zoning Enforcement Officer shall be responsible for making acoustic measurements to determine that a violation has, in fact, occurred at the request of the Planning and Zoning Administrator, or his designee. After normal working hours of the Town Hall, the Police Department shall be responsible for making acoustical measurements. Such measurements shall be turned over to the Planning and Zoning Administrator on the next working day. After checking these measurements, the Zoning Enforcement Officer shall promptly notify the Police Department if a violation did occur.
[Amended 2-16-1999 by Ord. No. 214]
The Zoning Enforcement Officer shall recommend to the Town Planning and Zoning Commission a schedule, based upon economically reasonable and technologically feasible noise control procedures, that will bring the noise emitter into compliance with this chapter. Failure to comply with the approved schedule shall be punished as follows for the subsequent violation of this chapter: