It is now generally recognized that people have
a right to and should be ensured an environment free from excessive
sound and vibration that may jeopardize their health, safety and welfare.
This chapter is enacted, therefore, to attempt to protect, preserve
and promote the health, safety and welfare of the citizens of the
Town of Wallingford through the reduction, control and prevention
of excessive noise.
As used in this chapter, the following terms
shall have the meanings indicated:
COMMERCIAL DISTRICT
All business or commercial districts so designated by the
Zoning Regulations and Zoning Map of the Town of Wallingford, to wit:
CLB, CLY, CA-40, CA-12; CA-6, CB-40 and CB-12.
CONSTRUCTION
Any site preparation, assembly, erection, substantial repair,
alteration or similar activity, but excluding demolition.
DEMOLITION
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
EMERGENCY
Any occurrence involving actual or imminent danger to persons
or damage to property which demands immediate action.
EMERGENCY VEHICLE
Any motor vehicle authorized by local, state or federal law
to have sound-warning devices such as sirens and bells which can lawfully
be used when responding to an emergency.
EXCESSIVE NOISE
Any sound, the intensity of which exceeds the standards set forth in §
144-4 of this chapter.
IMPULSE NOISE
Sound of short duration, usually less than one (1) second,
especially of high intensity, with an abrupt onset and rapid decay.
INDUSTRIAL DISTRICT
Industrial districts so designated by the zoning regulations
and zoning map of the Town of Wallingford, to wit: I-40, I-20 and
IX.
MUFFLER
A device for abating sound.
NOISE LEVEL
The sound pressure level as measured with a sound level meter
using the A-weighing network, designated dBA.
PERSON
Any individual, firm, partnership, association, company,
trust, corporation or other legal entity of any kind.
PREMISES
Any building, structure, land or portion thereof, including
all appurtenances, and includes yards, lots, courts, inner yards and
vacant land owned or controlled by a person. The premises from which
sound is emitted includes contiguous public streets and highways,
public rights-of-way and waters of the state.
PROPERTY LINE
That real or imaginary line along the ground surface and
its vertical extension which separates real property owned or controlled
by any person from contiguous real property owned or controlled by
another person and which separates real property from the public right-of-way.
RESIDENTIAL DISTRICT
All Town-owned property used for recreational or educational
purposes and all residential districts so designated by the Zoning
Regulations and Zoning Map of the Town of Wallingford, to wit: R-18,
R-15, R-11, R-6, RM-40, RM-11, RM-6, RU-160, RU-120, RU-80 and RU-40.
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, auditory
response when impinging on the ear.
SOUND LEVEL METER
An instrument, including a microphone, an amplifier, an output
meter, and frequency weighting networks, for the measurement of sound
levels. The sound level meter shall conform to ANSI Specifications
for Sound Level Meters S1.4-1971.
SOUND PRESSURE LEVEL (SPL)
Twenty times the logarithm to the base 10 of the ratio of
the sound pressure in question to the standard reference pressure
of 0.00002 N/M. It is expressed in decibel units.
For the purposes of determining noise levels
as set forth in this chapter, the following shall be applicable:
A. All personnel conducting sound measurements shall
be trained in the current techniques and principles of sound measuring
equipment and instrumentation as regards, especially, the equipment
used by the Town of Wallingford.
B. Instruments used to determine sound level measurements
shall conform to the sound level meters as defined by this chapter.
C. The general steps listed below shall be followed 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) The sound level meter shall be calibrated before and
after each set of measurements.
(3) The sound level meter shall be placed at an angle
to the sound source as specified by the manufacturer's instructions.
It shall be placed so as not to be interfered with by individuals
conducting the measurements.
(4) Measurements shall be taken and documented at a point
that is located about one foot beyond the property line of the emitter's
premises within the premises of the receptor. The emitter's premises
includes his, her or its individual parcel or lot or group of contiguous
parcels or lots under the same ownership. The emitter's premises also
includes contiguous public streets and highways, public rights-of-way,
railroad rights-of-way and waters of the state.
In addition to the foregoing regulations, the
following acts and the causing thereof are declared to be in violation
of this chapter:
A. No person shall operate or permit the operation of
any gasoline or electric powered leaf blowers between sundown, but
not later than 9:00 p.m., and 7:00 a.m. on weekdays and weekends.
B. No sound-amplifying device on or within any motor
vehicle shall emit noise such that adjoining or nearby motor vehicles
or property are caused to vibrate or shake.
C. No person shall discharge into the open air the exhaust
from any internal combustion engine or air compressor equipment unless
such discharge is properly muffled.
D. No person shall create or cause to be created noise
from any recreational vehicle such as dirt bikes, go-carts, dune buggies,
jet skis and like vehicles, except snowmobiles, which exceeds the
noise level standards set forth in this chapter.
Any person who violates any provision of this
chapter shall be guilty of an infraction and shall be fined $60, or
part thereof, for each day that the violation continues and each day's
continuation shall constitute a separate and distinct violation.
This chapter shall be enforced by the Chief
of Police of the Town of Wallingford and/or his designated subordinates.