[HISTORY: Adopted by the Town Meeting of the Town of Branford 9-13-1989.
Amendments noted where applicable.]
The title of this chapter shall be the "Town of Branford Noise Control
Ordinance."
It is recognized that people have a right to and should be ensured an
environment free from excessive sound and vibration that may jeopardize their
health or safety or welfare or degrade the quality of life. This chapter is
enacted to protect, preserve and promote the health, safety, welfare and quality
of life for the citizens of Branford through reduction, control and prevention
of noise.
The following definitions shall apply in the interpretation and enforcement
of this chapter.
Noise of a measurable intensity which exists at a point as a result
of a combination of many distant sources individually indistinguishable.
The Board of Selectmen of the Town of Branford or a duly authorized
officer subject to their orders.
Center Business BC District, Restricted Business BR District, Local
Business BL District and Commerce Park CP District as defined in Chapter II
of the zoning regulations of the Town of Branford[1] and all uses associated therewith either permitted as a right
or as a special use.
Any site preparation, assembly, erection, substantial repair, alteration
or similar action, but excluding demolition, for or of public or private rights-of-way,
structures, utilities or similar property.
Any equipment or device operated by fuel or electric power used in
construction or demolition work.
The hours between 7:00 a.m. and 10:00 p.m., Monday through Saturday,
and the hours 9:00 a.m. through 10:00 p.m. on Sundays.
A logarithmic unit of measure used in measuring magnitudes of sound.
The symbol of dB.
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Not limited to power saws, drills, grinders, lawn and garden tools
and other domestic power equipment intended for use in residential areas by
a homeowner.
Any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.
Any motor vehicle authorized by the Town of Branford to have sound
warning devices, such as sirens and bells, which can lawfully be used when
responding to an emergency.
Work made necessary to restore property to a safe condition following
an emergency or work required to protect persons or property from exposure
to imminent danger.
Sound of short duration, usually less than one second, with an abrupt
onset and rapid decay.
General Industrial District No. 1 and General Industrial District
No. 2 as defined and set forth in Chapter II of the zoning regulations of
the Town of Branford[2] and all uses associated therewith, either permitted as a right
or as a special use.
Per Section 14-1 of the Connecticut General Statutes.
A device for abating sounds such as escaping gases.
The hours between 10:00 p.m. and 7:00 a.m., Sunday evening through
Saturday morning, except that "night" shall mean the hours between 10:00 p.m.
Saturday and 9:00 a.m. Sunday.
Any sound, the intensity of which exceeds the standards set forth in § 189-5B of this chapter.
The sound pressure level as measured with a sound level meter using
the A-weighting network. The level so read is designated dB(A) or dBA.
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.
Any building, structure, land or portion thereof, including all appurtenances,
and shall include yards, lots, courts, inner yards and real properties without
buildings or improvements owned or controlled by a person. The emitter's premises
includes contiguous publicly dedicated street and highway rights-of-way, all
road rights-of-way and waters of the state.
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 separates
real property from the public right-of-way.
Any street, avenue, boulevard, highway, sidewalk, alley, park, waterway,
railroad or similar place which is owned or controlled by a governmental entity.
Any internal combustion engine powered vehicle which is being used
for recreational purposes.
Those residential districts set forth in Chapter II of the zoning
regulations of the Town of Branford[3] and all uses associated therewith either permitted as a right
or as a special use.
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.
An instrument used to take sound-level measurements and which should
conform, as a minimum, to the operational specifications of the American National
Standards Institute for Sound Level Meters S1. 4--1971 (Type S2A).
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 106 Newtons/meter), and is expressed in decibels
(dB).
For the purpose of determining noise levels as set forth in this chapter,
the following guidelines shall be applicable:
A.
All personnel conducting sound measurements shall be
trained in the current techniques and principles of sound-measuring equipment
and instrumentation.
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)
When measurements are taken out of doors, a wind screen
shall be placed over the microphone of the sound level meter as per the manufacturer's
instructions.
(4)
The sound-level meter shall be placed at an angle to
the sound source as specified by the manufacturer's instructions and at least
four feet above the ground. It shall be so placed as not to be interfered
with by individuals conducting the measurements.
(5)
Measurements shall be taken at the point that is located
about one foot beyond the boundary of the emitter's premises within the receptor's
premises. The emitter's premises includes his/her individual unit of land
or group of contiguous parcels under the same ownership as indicated by public
land records.
A.
It shall be unlawful for any person to emit or cause
to be emitted any noise beyond the boundaries of his/her premises in excess
of the noise levels established in these regulations.
B.
Noise level standards.
(1)
No person in a residential zone shall emit noise beyond
the boundaries of his/her premises exceeding the levels stated herein and
applicable to adjacent residential, commercial and industrial zones:
|
Receptor's Zone
| |||||
|---|---|---|---|---|---|
|
Emitter's Zone
|
Industrial
|
Commercial
|
Residential/Day
|
Residential/Night
| |
|
Residential
|
62 dBA
|
55 dBA
|
55 dBA
|
45 dBA
| |
(2)
No person in a commercial zone shall emit noise beyond
the boundary of his/her premises exceeding the levels stated herein and applicable
to adjacent residential, commercial or industrial zones:
|
Receptor's Zone
| |||||
|---|---|---|---|---|---|
|
Emitter's Zone
|
Industrial
|
Commercial
|
Residential/Day
|
Residential/Night
| |
|
Commercial
|
62 dBA
|
62 dBA
|
55 dBA
|
45 dBA
| |
(3)
No person in an industrial zone shall emit noise beyond
the boundary of his/her premises exceeding the levels stated herein and applicable
to adjacent residential, commercial or industrial zones:
|
Receptor's Zone
| |||||
|---|---|---|---|---|---|
|
Emitter's Zone
|
Industrial
|
Commercial
|
Residential/Day
|
Residential/Night
| |
|
Industrial
|
70 dBA
|
66 dBA
|
61 dBA
|
51 dBA
| |
C.
High background noise levels and impulse noise.
(1)
In those individual cases where the background noise
levels caused by sources not subject to these regulations exceed the standards
contained herein, a source shall be considered to cause excessive noise if
the noise emitted by such source exceeds the background noise levels by five
dBA, provided that no source subject to the provisions of this chapter shall
emit noise in excess of 80 dBA at any time and provided that this section
does not decrease the permissible levels of other sections of this chapter.
(2)
No person shall cause or allow the emission of impulse
noise in excess of 80 dB peak sound pressure level during the nighttime to
any residential noise zone.
(3)
No person shall cause or allow the emission of impulse
noise in excess of 100 dB peak sound pressure level at any time to any zone.
D.
Exclusions. These levels shall not apply to noise emitted
by or related to:
(1)
Natural phenomena.
(2)
Any bell or chime from any building clock, school or
church.
(3)
Any siren, whistle or bell lawfully used by emergency
vehicles or any other alarm systems used in an emergency situation; provided,
however, that burglar alarms not terminating within 30 minutes after being
activated shall be unlawful.
(4)
Warning devices required by the Occupational Safety and
Health Administration or other state or federal safety regulations.
(5)
Farming equipment or farming activity.
E.
Exemptions. The following shall be exempt from these
regulations subject to special conditions as spelled out:
(1)
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 § 189-5B.
(2)
Noise created as a result of or relating to an emergency.
(3)
Noise from domestic power equipment such as but not limited
to power saws, sanders, grinders, lawn and garden tools or similar devices
operated during daytime hours.
(4)
Noise from snow removal equipment.
(5)
Noise from demolition work conducted during daytime hours,
provided that when considered emergency work, demolition shall be exempted
at all times from the noise levels set in this regulation.
(6)
Noise created by any aircraft flight operations which
are specifically preempted by the Federal Aviation Administration.
(7)
Noise created by any recreational activities which are
permitted by law and for which a license or permit has been granted by the
Town, including but not limited to parades, sporting events, concerts and
firework displays.
(8)
Noise created by blasting other than that conducted in
connection with construction activities shall be exempted, provided that the
blasting is conducted between 8:00 a.m. and 5:00 p.m. local time at specified
hours previously announced to the local public or provided that a permit for
such blasting obtained from local authorities.
(9)
Noise created by refuse and solid waste collection, provided
that the activity is conducted during daytime hours.
The following activities are prohibited:
A.
Vehicle horns. No person shall at any time sound any
horn or other audible signal device of a motor vehicle unless it is necessary
as a warning to prevent or avoid a traffic accident.
B.
Truck idling. No person shall operate an engine or any
standing motor vehicle with a weight in excess of 10,000 pounds manufacturer's
gross vehicle weight (GVW) for a period in excess of 10 minutes when such
vehicle is parked on a residential premises or on a Town road next to a residential
premises.
C.
Exhaust discharge. No person shall discharge into the ambient air the blow-down of any steam vent or the exhaust of any stationary internal combustion engine or air-compressor equipment, unless such discharge be through a muffler as defined in § 189-3 of this chapter or through an apparatus providing equal noise reduction.
A.
All motor vehicles operated within the limits of the
Town of Branford shall be subject to the noise standards and decibel levels
set forth in the regulations authorized in Section 14-80a of the Connecticut
State Statutes.
No person shall create or cause to be created any unreasonably loud or disturbing noise due to the operation of a recreational vehicle. A noise shall be deemed to be unreasonably loud and a violation of this chapter when the noise so generated exceeds the noise level standards set forth in § 189-5B.
A.
For the purpose of determining compliance with the provisions
of this chapter, the Board of Selectmen or their designated representative
is hereby authorized to make inspections of all noise sources and to take
measurements and make tests whenever necessary to determine the quantity and
character of noise. In the event that any person refuses or restricts entry
and free access to any part of a premises or refuses inspection, testing or
noise measurement of any activity, device, facility or process where inspection
is sought, the Board of Selectmen or their designated representative may seek
from the appropriate court a warrant without interference, restriction or
obstruction, at a reasonable time, for the purpose of inspecting, testing
or measuring noise.
B.
It shall be unlawful for any person to refuse to allow
or permit the Board of Selectmen or their designated representative free access
to any premises when the Board of Selectmen or their designated representative
is acting in compliance with a warrant for inspection and order issued by
the appropriate court.
C.
It shall be unlawful for any person to violate the provisions
of any warrant or court order requiring inspection, testing or measurement
of noise sources.
D.
No person shall hinder, obstruct, delay, resist, prevent
in any way, interfere or attempt to interfere with any authorized person while
in the performance of his/her duties under this chapter.
Any person in violation of any of the provisions of this chapter shall
be deemed guilty of an infraction and, upon conviction thereof, shall be fined
in an amount not to exceed $50. Each 30 minutes such violation reoccurs after
the initial violation or any subsequent violation shall constitute a new violation.
A.
Any person living or doing business in Branford may apply
to the Board of Selectmen for a variance from one or more of the provisions
of the chapter which are more stringent than the Connecticut Department of
Environmental Protection regulations for the control of noise, provided that
the applicant supplied all of the following information to the Board of Selectmen
at least 20 days prior to the start of said activity.
B.
No variance from these regulations shall be used unless
it has been demonstrated that:
(1)
The proposed activity will not violate any provisions
of the Connecticut Department of Environmental Protection regulations.
(2)
The noise levels generated by the proposed activity will
not constitute a danger to the public health.
(3)
Compliance with the regulations constitutes an unreasonable
hardship on the applicant.
C.
The application for variance shall be reviewed and either
approved or rejected at least five days prior to the proposed start of said
activity. The approval or rejection shall be in writing and shall state the
condition of approval, if any, or the reasons for rejection.
D.
Failure to rule on the application in the designated
time shall constitute approval of the variance.
Any written agreement, purchase order or contract whereby the Town of
Branford is committed to an expenditure of funds in return for work, labor,
services, supplies, equipment, materials or any combination thereof shall
not be entered into unless such agreement, purchase order or instrument contains
provisions that any equipment or activities which are subject to the provisions
of this chapter will be operated, constructed, conducted or manufactured without
violating the provisions of this chapter.
All provisions of the zoning regulations of the Town of Branford which
are more stringent that those set forth herein shall remain in force. If,
for any reason, any word, clause, paragraph or section of this chapter shall
be held to make the same unconstitutional, this chapter shall not hereby be
invalidated and the remainder of this chapter shall continue in effect. Any
provision herein which is in conflict with the Connecticut General Statutes
or the Public Health Code of the State of Connecticut is hereby repealed,
it being understood that said Statutes and Code shall take precedence over
this chapter.
