The short title of this chapter shall be the
"Town of Stratford 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 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 Stratford through the reduction, control and prevention of noise.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
AIRCRAFT
Any engine-powered device that is used or intended to be
used for flight in the air and is capable of carrying humans. "Aircraft"
shall include civil, military, general aviation and VTOL/STOL aircraft.
AIRCRAFT, STOL
Any aircraft designed for, and capable of, short takeoff
and landing operations.
AIRCRAFT, VTOL
Any aircraft designed for, and capable of, vertical takeoff
and landing operations, such as but not limited to helicopters.
AIRPORT
An area of land or water that is used, or intended to be
used, for the landing and takeoff of aircraft and is licensed by the
State of Connecticut Bureau of Aeronautics for such use. "Airport"
shall include all buildings and facilities, if any. "Airport" shall
include any facility used, or intended for use, as a landing and takeoff
area for VTOL/STOL aircraft, including but not limited to heliports.
AMBIENT NOISE OR BACKGROUND
Noise of a measurable intensity which exists at a point as
a result of a combination of many distant sources individually indistinguishable.
COMMERCIAL ZONE
Any business zone, Commercial Districts CA and LB, as defined
in the Zoning Regulations of the Town of Stratford. "Industrial Districts" shall consist of Zones MA and MB.
CONSTRUCTION
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.
CONSTRUCTION EQUIPMENT
Any equipment or device operated by fuel or electric power
used in construction or demolition work.
DAY-TIME HOURS
The hours between 8:00 a.m. and 8:00 p.m., Monday morning
through Friday evening, and the hours 8:00 a.m. to 10:00 p.m. on Saturday
and the hours 9:00 a.m. to 8:00 p.m. on Sunday, with the Saturday
and Sunday hours in effect on the day before and the day of federal
and state holidays; provided, however, that the same shall mean the
hours between 8:00 a.m. and 9:00 p.m., Monday morning through Friday
evening, and the hours 8:00 a.m. to 10:00 p.m. on Saturday and the
hours 9:00 a.m. to 9:00 p.m. on Sunday, with the Saturday and Sunday
hours in effect on the day before and the day of federal and state
holidays during daylight savings time.
DECIBEL
A logarithmic unit of measure used in measuring magnitudes
of sound. The symbol is "dB."
DEMOLITION
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
DOMESTIC POWER EQUIPMENT
Means, but is 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.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
EMERGENCY VEHICLE
Any motor vehicle authorized by the Town of Stratford to
have sound warning devices such as signs and bells which can lawfully
be used when responding to an emergency.
EMERGENCY WORK
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.
IMPULSE NOISE
Sound of short duration (generally less than one second)
with an abrupt onset and rapid delay.
INDUSTRIAL ZONE
Any Industrial Zone, including Light Industrial and Heavy
Industrial as defined in the Zoning Regulations of the Town of Stratford.
MOTOR BOAT
Any vessel, not more than 65 feet in length and propelled
by machinery, whether or not such machinery is the principal source
of propulsion.
MOTOR VEHICLE
As per Section 14-1(30) of the Connecticut General Statues,
Revision of 1958, as amended.
MUFFLER
A device for abating sounds such as escaping gases.
NIGHTTIME HOURS
The hours between 8:00 p.m. and 8:00 a.m., Sunday evening
through Saturday morning, and the hours 10:00 p.m. to 9:00 a.m., Saturday
evening through Sunday morning, with the Saturday evening and Sunday
morning hours in effect on the night before and the day of federal
and state holidays; provided, however, that the same shall mean the
hours between 9:00 p.m. and 8:00 a.m., Sunday evening through Saturday
morning, and the hours 10:00 p.m. to 9:00 a.m., Saturday evening through
Sunday morning, with the Saturday evening and Sunday morning hours
in effect on the night before and day of federal and state holidays
during daylight savings time.
NOISE
Any sound, the intensity of which exceeds the standards set forth in §
142-5.
NOISE LEVEL
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."
PERSON
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.
PREMISES
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.
PROPERTY LINE
That real or imaginary line along the ground surface and
its vertical extension which separates real property owned or controlled
by another person and separates real property from the public right-of-way,
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.
RECREATIONAL VEHICLE
Any nonregistered internal-combustion-engine-powered vehicle
which is being used for recreational purposes.
RESIDENTIAL ZONE
Consists of Zones RS-1, RS-2, RS-3, RS-4, RM-1, as defined
in the Zoning Regulations of the Town of Stratford.
SOUND
A transmission of energy through solid, liquid or gaseous
media in the form of vibrations which constitute alternations in pressure
or position of the particles in the medium and which in the air evoke
physiological sensations, including but not limited to an auditory
response when impinging on the ear.
SOUND-LEVEL METER
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,"
S 1.4--1971 (Type S2A).
SOUND-PRESSURE LEVEL (SPL)
Twenty times the logarithm to the Base 10 of the ratio of
the pressure of a sound to the reference pressure of twenty micronewtons
per square meter (20 x 10-6 N/M2) and is expressed in decibels (dB).
VIBRATION
An oscillatory motion of sound bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
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 soundlevel 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 placed on slow response
and 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
and at least four feet above the ground. It shall be so placed as
not to be interfered with by individuals conducting the measurements.
(4) Measurements shall be taken at a point that is located
about one foot beyond the boundary of the emitter's premises, within
the noise 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.
[Added 7-13-2009 by Ord. No. 09-07]
A. It is
unlawful for the operator of any motorcycle vehicle in the Town of
Stratford to unnecessarily race his or her engine or backfire same
or cause any other unnecessary engine noise.
B. No person
shall operate any motorcycle vehicle in the Town of Stratford in such
a manner that the public's attention is drawn to the noise created
by the motor vehicle: provided, however, this provision shall not
apply to any noise created by a governmental enity in the performance
of its official duty.
C. Violations and penalties. See §
142-10 of the Town of Stratford Municipal Code.
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 standard set forth in §
142-5.
[Amended 12-8-2005 by Ord. No. 05-35; 7-13-2009 by Ord. No.
09-10]
A. Any person
who violates any provision of this chapter shall be fined $100 for
the first offense, $250 for a second offense within one year of the
first offense, and $500 for each subsequent offense within one year
of the first offense.
B. Any violation
of any provision of this chapter which either continues for or is
repeated more than 30 minutes after the issuance of violation to cease
said activities shall constitute a separate offense.
C. Each day
that such violation continues after the time for correction of the
same has expired shall constitute a separate offense.
D. In addition
to, or in lieu of, the imposition of said fines, the Town may apply
to a court of competent jurisdiction for an order to cease or abate
such violation.