[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.
The A-weighted sound-pressure level, expressed in decibels (dBA),
measured on a 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[1] and Zoning Map of the Town of North Branford:
|
Zone
|
Actual or Intended Use
|
Current Zoning**
|
|---|---|---|
|
A
|
Residential
|
R-80, R-40, R-GA
|
|
B
|
Commercial
|
B-1, B-2, B-3
|
|
C
|
Industrial
|
I-1, I-2, I-3
|
|
**NOTE: Based on the Zoning Regulations and Zoning Map of the Town of
North Branford.
|
A.
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.
|
Receptor Noise Zone Class
| |||||
|---|---|---|---|---|---|
|
Emitter Noise Zone
|
C
(dBA)
|
B
(dBA)
|
A-Day
(dBA)
|
A-Night
(dBA)
| |
|
Class C
|
70
|
66
|
61
|
51
| |
|
Class B
|
62
|
62
|
55
|
45
| |
|
Class A
|
62
|
55
|
55
|
45
| |
B.
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:
A.
Sound generated by natural phenomena, including but not
limited to wind, storms, insects, birds, amphibious creatures and water flowing
in its natural course.
B.
The unamplified sound of the human voice.
C.
The unamplified sound made by any wild or domestic animal.
D.
Sound created by bells, carillons or chimes associated
with specific religious observances.
E.
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.
F.
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.
G.
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.
H.
Backup alarms required by Occupational Safety and Health
Administration or other municipal, state or federal safety regulations.
I.
Farming equipment or farming activity.
The following noises shall be exempted from the provisions of this chapter:
A.
Noise created by signal testing, principally siren-tested
by city fire departments and civil preparedness units.
B.
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.
C.
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.
D.
Noise created by snow removal equipment at any time,
provided that noise discharged from exhausts is adequately muffled to prevent
loud noises therefrom.
E.
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.
F.
Noise created by an on-site recreational or sporting
activity which is sanctioned by town government.
G.
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.
H.
Noise created by aircraft or components designed for
or utilized in the development of aircraft.
A.
The Planning and Zoning Department, under the direction
of the Planning and Zoning Administrator, shall be responsible for investigating
complaints of noise pollution.
B.
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]
C.
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:
|
Violation
|
Penalty
| |
|---|---|---|
|
Initial
|
$25.00 fine
| |
|
Second
|
$50.00 fine and/or confinement in jail not exceeding 7 days
| |
|
Third
|
$100.00 fine and/or confinement in jail not exceeding 7 days
| |
|
Additional
|
$100.00 fine and/or confinement in jail not exceeding 30 days
| |
|
Each day on which a violation occurs or continues shall be considered
a separate violation of this chapter.
|
