[HISTORY: Adopted by the Town Council of
the Town of New Canaan 4-11-2006, effective 4-28-2006. Amendments noted where applicable.]
The Town Council finds that inadequately controlled
or excessive noise negatively affects the public health, safety, convenience,
general welfare, and quality of life of persons within the Town of
New Canaan, and that the people have a right to, and should be ensured
of, an environment free from excessive and intrusive noise. This ordinance
is enacted to preserve, protect and promote the public health, safety,
convenience, general welfare, peace, quality of life, and property
values for the citizens of New Canaan, and to facilitate the enjoyment
of the natural attractions and tranquility of the Town, through the
reduction, control and prevention of excessive noise and vibration.
The words and phrases used in or implicated
by this ordinance, unless defined below, shall be construed with reference
to the state statutes on noise pollution control (Connecticut General
Statutes § 22a-67 et seq.) and the related state regulations
(Regulations of Connecticut State Agencies § 22a-69-1 et
seq.), as the same may be amended from time to time. In addition,
the following words shall have the meaning ascribed to them in this
section, except where the context clearly indicates a different meaning:
A unit of measurement of the sound level, the symbol for
which is dB.
Noise of short duration, generally less than one second,
especially of high intensity, abrupt onset and rapid decay, and often
rapidly changing spectral composition.
The intensity, frequency, duration and character of sounds
from a source or number of sources. Noise includes vibrations of subaudible
or superaudible frequency.
The sound pressure level as measured with a sound level meter
using the A-weighting network, the symbol for which is dBA.
The absolute maximum value of the instantaneous sound pressure
level occurring in a specified period of time.
Any individual, corporation, company, partnership, association,
firm, group, or entity of any kind.
A property or parcel of land where sound is heard or received
from another property or parcel of land emitting the sound or noise.
The Town Council finds that certain noise-producing
activities and situations are of particular concern to persons within
the Town of New Canaan, and therefore any violation of the following
conditions or provisions is specifically prohibited:
A.
An exterior burglar or intrusion alarm of a building
must be activated in such a manner that the alarm terminates its operation
within five minutes for continuous airborne sound or for impulsive
sound after it has been activated.
B.
Motorized equipment or machinery with engines powered
by electricity, gasoline or other fuel products, such as snow blowers,
snow throwers, leaf blowers, leaf vacuums, lawn mowers, tractors,
trimmers, chainsaws, wood chippers, log splitters, and generators,
excluding motor vehicles, shall be operated at all times with a muffler
in working order to abate the exhaust, combustion and explosive noises
therefrom. In addition, with the exception of snow blowers and snow
throwers, such equipment may not be operated in the following time
periods such that the noise therefrom exceeds 45 dBA measured at the
receptor's property line:
[Amended 10-11-2006, effective 10-27-2006]
C.
All motor vehicles operated within the limits of New
Canaan, including, without limitation, automobiles, motorcycles, recreational
vehicles, all-terrain vehicles, snowmobiles, motorized dirt bikes,
pocket bikes, go-carts, and racing vehicles, shall be subject to the
noise standards and decibel levels established by the Connecticut
Department of Motor Vehicles, set forth in the Regulations of Connecticut
State Agencies §§ 14-80a-1a through 14-80a-10a, as
the same may be amended from time to time.
[Amended 10-11-2006, effective 10-27-2006]
D.
Noise generated by construction (including demolition)
equipment or machinery, such as bulldozers or backhoes, pile drivers,
pneumatic tools, or by commercial or domestic power equipment such
as, but not limited to, power saws, sanders, grinders, drills, nail
guns, air hammers, vacuums, may not be operated in the following time
periods such that the noise therefrom exceeds 45 dBA measured at the
receptor's property line:
E.
Noise generated by refuse and solid waste collection
activities from 8:00 p.m. to 7:00 a.m. shall not exceed 45 dBA measured
at the receptor's property line, or 80 dB peak sound pressure for
impulse noise.
The following shall be exempt from this ordinance
subject to any special conditions noted:
A.
Bells, carillons or chimes associated with specific
religious observances, or emanating from a building clock or school.
B.
A public emergency sound signal.
C.
Noise created as a result of, or relating to, an emergency,
including emergency generators, and public health and safety emergencies.
D.
Sound created by safety and protective devices.
E.
Warning sounds required by OSHA or other state or
federal safety regulations, provided they do not exceed the governmental
standards.
F.
Farming equipment or farming activity, as defined
in § 1-1 and qualified as tax exempt under § 12-91
of the Connecticut General Statutes.
G.
Noise created by parades, carnivals and other special
public social events or celebrations after having attained a valid
permit from the Town.
H.
Noise created by or relating to recreational, sporting,
concerts, or band events, provided that the events are permitted or
sanctioned by the state or the Town, or conducted or sponsored by
a not-for-profit organization. This provision shall not be construed
to exempt music from commercial establishments or from residential
properties.
I.
Noise created by blasting, provided that a permit
for the blasting has been obtained from state or Town authorities,
and provided further that the blasting is conducted between 8:00 a.m.
and 5:00 p.m. Mondays to Saturdays, exclusive of state or federal
holidays.
J.
Noise created by snow plows and snow removal equipment,
provided that all motorized equipment complies with the other provisions
of this ordinance pertaining to mufflers.
K.
Noise created by fireworks displays sanctioned by
the Town.
L.
Noise created by aircraft.
M.
Activities conducted by the Town in a governmental
capacity, or by the state or federal agencies, or by their contractors,
provided that contractors doing road work for the Town shall operate
during hours specified by the Department of Public Works.
Nothing in this ordinance shall be construed
as authorizing or legalizing the creation or maintenance of a nuisance,
and compliance with this ordinance is not a bar to a claim of nuisance
by any person. A violation of this chapter shall not be deemed to
create a nuisance per se. The provisions of this ordinance shall not
be construed to prevent the enforcement of other ordinances, regulations,
or statutes that prescribe other standards for the type of noise or
sound involved.
If any provision or portion of this ordinance
is held to be unconstitutional, preempted by federal or state law,
or otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the ordinance shall not be invalidated.
A.
This ordinance may be enforced by the New Canaan Police
Department and/or by any municipal officer or employee designated
by the First Selectman.
B.
The Chief of Police may develop procedures consistent
with this ordinance for any enforcement by the Police Department,
including but not limited to metering procedures and training of officers.
All metering procedures and training shall be in accordance with the
Regulations of Connecticut State Agencies §§ 14-80a-1a
et seq. for motor vehicles noise, and §§ 22a-69-1 et
seq. for non-motor vehicle noise.
[Amended 10-11-2006, effective 10-27-2006]
C.
The Police Department is hereby authorized to issue
infraction ticket(s) to any person who violates any provision of this
ordinance, and the amount of the fine shall be the maximum amount
for infractions as set forth by the State of Connecticut Superior
Court infractions schedules. Each violation shall constitute a separate
offense.
D.
Any municipal officer or employee designated by the First Selectman to enforce this ordinance may issue municipal citations to any person violating this ordinance, provided the officer or employee issues a written warning providing notice of the specific violation before issuing the citation, as required by Connecticut General Statutes § 7-148(c)(10)(A). The fine for each violation shall be the greater of $100 or the maximum amount allowed by § 7-148(c)(10)(A) of the Connecticut General Statutes, as the same may be amended from time to time, for each day that a violation continues, until the noise is abated. The fine for each municipal citation shall be payable to the Treasurer of the Town of New Canaan. The issuance, payment, and procedure to contest a municipal citation shall be in accordance with Connecticut General Statutes § 7-152c and the citation hearing procedure in Chapter 11 of the Code of the Town of New Canaan.
E.
The provisions of this ordinance are in addition to,
and not in lieu of, any other remedies available to the Town of New
Canaan under the Connecticut General Statutes and other sections of
the Town Code. The issuance of infractions tickets or municipal citations
under this ordinance shall not preclude the exercise of such other
remedies. In addition, the Town of New Canaan may seek injunctive
relief and monetary penalties for continued or repeated violations.
A.
B.
No variance from these regulations shall be issued
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 ordinance constitutes an unreasonable
hardship on the applicant, or the variance is justified by overriding
interests affecting the public safety, health and welfare.
(4)
In the judgment of the Director of Environmental Health,
every reasonable effort has been made to reduce the level of the noise
and the duration of the variance activity.
C.
The application for variance shall be reviewed and
either approved or rejected within 15 days of receipt by the Director
of Environmental Health. The approval or rejection shall be in writing
and shall state the condition(s) of approval, if any, or the reasons
for rejection. The variance may be approved with reasonable conditions,
including without limitation a noise reduction or mitigation plan,
and a time schedule for compliance. The Director of Environmental
Health shall send a copy of any approved variance to the Police Department.
D.
Failure to rule on the application in the designated
time shall constitute approval of the variance.
E.
Any person aggrieved by the decision of the Director
of Environmental Health with respect to any variance may appeal to
the Director of Health within a period of 14 days of the issuance
of the Director of Environmental Health's decision.
