[HISTORY: Adopted by the Board of Selectmen
of the Town of Woodbridge 9-12-2002, effective 11-12-2002 (Ch. 6, Art. XI,
of the 1983 Code). Amendments noted where applicable.]
The Board of Selectmen finds and declares that:
A.
Excessive sound and vibration are a serious hazard
to the health, safety, welfare and quality of life of the residents
of the Town of Woodbridge;
B.
Each person has a right to and should be ensured an
environment free from excessive sound and vibration that may jeopardize
such person's health, safety, or welfare, degrade the quality of life,
or cause economic damage;
C.
There exists a substantial body of science and technology
by which excessive sound and vibrations may be substantially monitored
and abated; and
D.
The health, safety, welfare and quality of life of
Woodbridge residents shall be enhanced by the reduction, control and
prevention of noise through an ordinance that regulates activities
causing excessive noise within the territorial limits of the Town
of Woodbridge.
As used in this chapter, the following terms
shall have the meanings indicated in the interpretation and enforcement
of this chapter. Where terms are not defined under the provisions
of this chapter and are defined in the noise regulations of the Connecticut
Department of Environmental Protection, they shall have the same meanings
ascribed to them in those regulations. Otherwise, they shall have
ascribed to them their ordinarily accepted meanings or such meaning
as the context herein may imply.
The American National Standards Institute or its successor
body. Any ANSI standard referred to in this chapter shall be deemed
to incorporate further revisions by reference.
The Chief of Police of the Town of Woodbridge or a duly authorized
officer subject to his or her orders.
Any site preparation, assembly, erection, substantial repair,
alteration, or similar action, but excluding demolition or blasting,
for or of public or private structures, utilities, rights-of-way or
similar property.
The hours between 7:00 a.m. and 8:00 p.m., weekdays and Saturday,
and the hours between 9:00 a.m. and 7:00 p.m. on Sunday.
A unit of measurement of the sound level, the symbol of which
is dB.
Any occurrence or set of circumstances involving actual or
imminent physical danger to persons or property damage that demands
immediate action.
An audible electronic or mechanical siren or signal device
attached to an authorized emergency vehicle or within or attached
to a building pole or other structure for the purpose of sounding
or testing an alarm relating to fire or emergency management.
A person who is the owner or occupant of the premises from
which noise emanates.
Emitter noise levels from noise sources exceeding the standards set forth in § 315-4 of this chapter beyond the boundary of the emitter's premises.
Noise of short duration (generally less than one second),
especially of high intensity, abrupt onset and rapid decay, and often
rapidly changing spectral composition.
Mobile sources of noise shall include, but are not limited
to, such sources as automobiles, trucks and other vehicles used to
transport individuals or items along public or private rights-of-way
and/or over other land.
The hours between 8:00 p.m. and 7:00 a.m. weekdays through
Saturday morning, except that "nighttime" shall mean the hours between
8:00 p.m. Saturday and 9:00 a.m. Sunday and 7:00 p.m. Sunday and 7:00
a.m. Monday.
A frequency weighted sound pressure as measured with a sound
level meter using the A-weighting network. The level so read is designated
by dBA.
Any individual, firm, partnership, association, syndicate,
company, trust, corporation, municipality, agency or political or
administrative subdivision of the State of Connecticut or other legal
entity of any kind.
An individual unit of land or a group of contiguous parcels
under the same ownership as indicated by public land records, including
any building or structure thereon or portion thereof, and, as relates
to emitters, includes contiguous publicly dedicated streets and highway
rights-of-way, railroad rights-of-way, water bodies and waters of
the State of Connecticut.
All engine- or motor-powered garden, lawn and maintenance
tools and equipment intended for repetitive use in the repair and
upkeep of exterior property and including, but not limited to, lawn
mowers, riding tractors, blowers and including equipment intended
for infrequent service work, including, but not limited to, chain
saws, log chippers or paving rollers.
All activity related to the clearing, cleaning, repair and
upkeep of public roads, sidewalks, sewers, water mains, utilities,
and publicly owned property.
A person who is the owner or occupant of premises affected
by or receiving noise.
The area bounded by a property line on or in which a source
of noise exists.
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, 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 S1.4-1984 (1997).
A.
Noise district classifications hereunder shall be
based on the designated use of any premises, based on the zoning district
in which such premises is located as described on the Zoning Map and
in the Zoning Regulations for the Town of Woodbridge, as amended from
time to time, provided that any premises whose use is lawfully nonconforming
to its district shall be classified for noise standard purposes according
to the district appropriate for the nonconforming use. The current
designation shall be the determining factor and any change in the
Zoning Map or Zoning Regulations will also represent a change in the
noise district.
B.
Noise districts.
(1)
Residential Noise District. Premises contained within
Residential Districts by the Zoning Regulations for the Town of Woodbridge
shall be designated as Residential Noise Districts and shall be subject
to the noise standards prescribed therefor or defined by this chapter.
(2)
Business Noise District. Premises contained within
General Business Districts by the Zoning Regulations for the Town
of Woodbridge shall be designated as Business Noise Districts and
shall be subject to the noise standards prescribed therefor or defined
by this chapter. Such premises are comparable in nature to those described
in Regulations of Connecticut State Agencies, Section 22a-69-2.4,
Class B Noise Zone.
(3)
Business and Industrial Noise District. Premises contained
within Business and Industrial Districts by the Zoning Regulations
for the Town of Woodbridge shall be designated as Business and Industrial
Noise Districts and shall be subject to the noise standards prescribed
therefor or defined by this chapter. Such premises are comparable
in nature to those described in Regulations of Connecticut State Agencies,
Section 22a-69-2.5, Class C Noise Zone.
(4)
Development District 1 and Development District 2
(referred to as "Development Districts"). Premises contained within
Development Districts by the Zoning Regulations for the Town of Woodbridge
shall be designated as Development Districts for purposes of this
chapter and shall be subject to the noise standards prescribed therefor
or defined by this chapter. Such premises are comparable in nature
to those designated in Regulations of Connecticut State Agencies,
Section 22a-69-2.5, Class C Noise Zone.
A.
No person shall cause or allow or permit the creation,
continuance or maintenance of any noise beyond the property lines
of such person's premises in excess of the noise levels established
by these regulations.
B.
Impulse noise.
C.
Noise district standards.
(1)
No person in a Business and Industrial Noise District
shall emit noise exceeding the levels stated herein and applicable
to the receptor's noise district and premises:
|
Receptor
| |||||
|---|---|---|---|---|---|
|
Residential
| |||||
|
Business/ Industrial Development
(dBA)
|
Business
(dBA)
|
Day
(dBA)
|
Night
(dBA)
| ||
|
Business and industrial emitter to
|
70
|
66
|
61
|
51
| |
|
Levels emitted in excess of the values listed
above shall be considered excessive and unnecessary noise
| |||||
(2)
No person in a Business Noise District shall emit
noise exceeding the levels stated herein and applicable to the receptor's
noise district and premises:
|
Receptor
| |||||
|---|---|---|---|---|---|
|
Residential
| |||||
|
Business/ Industrial Development
(dBA)
|
Business
(dBA)
|
Day
(dBA)
|
Night
(dBA)
| ||
|
Business emitter to
|
62
|
62
|
55
|
45
| |
|
Levels emitted in excess of the values listed
above shall be considered excessive and unnecessary noise.
| |||||
(3)
No person in a Development District shall emit noise
exceeding the levels stated herein and applicable to the receptor's
noise district and premises:
|
Receptor
| |||||
|---|---|---|---|---|---|
|
Residential
| |||||
|
Business/ Industrial Development
(dBA)
|
Business
(dBA)
|
Day
(dBA)
|
Night
(dBA)
| ||
|
Development emitter to
|
70
|
66
|
61
|
51
| |
|
Levels emitted in excess of the values listed
above shall be considered excessive and unnecessary noise.
| |||||
(4)
No person in a Residential Noise District shall emit
noise exceeding the levels stated herein and applicable to the receptor's
noise district and premises:
|
Receptor
| |||||
|---|---|---|---|---|---|
|
Residential
| |||||
|
Business/ Industrial Development
(dBA)
|
Business
(dBA)
|
Day
(dBA)
|
Night
(dBA)
| ||
|
Residential emitter to
|
62
|
55
|
55
|
45
| |
|
Levels emitted in excess of the values listed
above shall be considered excessive and unnecessary noise.
| |||||
D.
Vehicle noise.
(1)
Motor vehicles. All motor vehicles operated within the limits of the Town of Woodbridge shall be subject to the noise standards and decibel levels as set forth in the Regulations of the State of Connecticut Department of Motor Vehicles, Title 14, Section 14-80a-1 et seq., as amended from time to time. No sound amplifying devices on or within motor vehicles shall emit noise in excess of the noise levels as specified in Subsection C of this section.
(2)
Recreational motorized vehicles. No person shall operate or cause to be operated any recreational motorized vehicle off a public right-of-way in such a manner that the sound level emitted therefrom exceeds the limits set forth in Subsection C for the noise district in which the recreational motorized vehicle is operated. Recreational motorized vehicles shall also be in violation of this chapter if operated within premises within 100 feet of any property line. This section shall apply to all recreational motorized vehicles, whether or not duly licensed and registered, including but not limited to commercial or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles, amphibious craft, campers, dune buggies, and so-called all-terrain (ATV) vehicles.
The provisions of this chapter shall not apply
to noise or sound emitted by or related to:
A.
Natural phenomena, including but not limited to wind,
storms, insects, amphibious creatures, birds 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.
Bells, carillons, or chimes associated with specific
religious observances and/or organizations;
E.
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 or testing an alarm relating to fire or
emergency management;
F.
Farming equipment or farming activity;
G.
Noise created by the operation of property maintenance
equipment and/or public facility maintenance equipment by the Town
of Woodbridge or its duly authorized agent or independent contractor
in carrying out any work on behalf of the Town of Woodbridge relating
to construction and/or an emergency.
The following shall be exempt from this chapter,
subject to the special conditions as specified:
A.
Noise created by any construction activity which is
conducted during daytime hours;
B.
Noise created by recreational activities that are
authorized by the Town, including, but not limited to, parades, fairs,
carnivals, sporting events and organized sport activities, concerts,
and fireworks displays;
C.
Noise created by the operation of private property
maintenance equipment during daytime hours;
D.
Noise created by blasting and/or demolition, provided
that the blasting or demolition is conducted between 8:00 a.m. and
5:00 p.m., Monday through Friday, and provided further that a permit
for such blasting and/or demolition has been obtained from applicable
governmental authorities.
E.
Noise created by domestic power tools between the
hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday, and 9:00
a.m. and 7:00 p.m. on Sunday.
F.
Refuse, solid waste or recyclable materials collection,
provided that such activity is conducted between the hours of 7:00
a.m. and 8:00 p.m., Monday through Saturday.
G.
Noise created by fire or intrusion alarm which, from
time of activation of the audible signal, emits noise for a period
of time not exceeding 10 minutes when such alarm is attached to a
vehicle, or 30 minutes when attached to any building or structure,
provided the repetition of activation of the audible signal of an
intrusion alarm due to malfunction, lack of proper maintenance, or
lack of reasonable care shall not be exempt.[1]
H.
Snow removal equipment, provided the equipment is
maintained in good repair so as to minimize noise and that noise discharged
from exhausts shall be adequately muffled to prevent loud and/or explosive
noises therefrom.
For the purpose of determining noise levels
as set forth in this chapter, the following guidelines shall be applicable:
A.
A person conducting sound measurements shall have
been trained in the techniques and principles of sound measuring equipment
and instrumentation.
B.
Instruments used to determine noise levels shall be
sound level meters as defined by this chapter of standard design,
maintained in calibration and in good working order. Instrument manufacturer's
instructions for use of the instruments shall be followed. 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.
C.
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 placed so as
not to be interfered with by individuals conducting the measurements.
[Amended 10-14-2009; effective 11-13-2009]
The Woodbridge Police Department shall be responsible
for enforcement of the provisions of this chapter. Any person in violation
of any section of any provision of this chapter shall be deemed guilty
of a violation and, upon conviction thereof, shall be fined in an
amount not to exceed $100. In lieu of arrest and issuance of a summons,
the Woodbridge Police Department may serve upon a violator an infraction
notice with a fine in the amount of $90 which shall be known as a
"noise ticket." Payment of the fine prescribed by such noise ticket
within the time limit and to the address specified thereon shall constitute
a plea of nolo contendere and shall save the violator harmless from
prosecution for the offense cited. Each day a violation continues
after the time for correction of the violation has been given in a
written order, or after the issuance of a summons or infraction notice,
shall constitute a continuing, separate violation, and the amount
of the fine shall be doubled for each day said violation continues,
said fine not to exceed $250 per day. In the event payment of the
fine is not made and an appeal has not been taken as provided herein,
the violator shall be responsible for any and all costs of collection,
including attorneys' fees. The imposition of any fine hereunder shall
not prevent the enforced abatement of any unlawful condition by the
Town and the Town shall have the right to pursue any remedy allowed
under law.
A.
Whenever a fine is imposed under this chapter, the person fined may, within 10 days from the date of issuance of the noise ticket, appeal by filing a written notice of appeal with the Woodbridge Chief of Police The filing of an appeal shall stay any fine imposed until such time as a decision is rendered by a Town hearing officer in accordance with the procedure for hearings set forth in Chapter 15 of the Code of the Town of Woodbridge.[1]
B.
The provisions of this chapter may be enforced by
citation and hearing as permitted by C.G.S. § 7-152c.
C.
In the event a decision on an appeal is rendered in
favor of the Town and, if permitted by law, the Town shall be entitled
to recover its costs incurred in defending such matter, including
attorneys' fees.
A.
Any person living or doing business in Woodbridge
may apply to the Chief of Police for a variance from one or more of
the provisions of this chapter, which are more stringent than the
Connecticut Department of Environmental Protection regulations for
the control of noise, provided the applicant supplies all of the following
information to the Chief of Police at least 20 days before the start
of such activity:
B.
No variance from this chapter shall be issued unless
it has been demonstrated that:
(1)
The proposed activity will not violate any provision
of the Connecticut Department of Environmental Protection regulations,
with the exception of the celebration of life cycle events (such as
births, bat and bar mitzvahs, communions, confirmations and weddings),
which celebrations may extend to midnight and which may exceed noise
standards for a residential noise district.
[Amended 10-10-2012, effective 11-9-2012]
(2)
The noise levels generated by the proposed activity
will not constitute a danger to the public health; and
(3)
Compliance with the regulations constitutes an unreasonable
hardship on the applicant, with the exception of the celebration of
life cycle events as detailed above.
[Amended 10-10-2012, effective 11-9-2012]
C.
The application for variance shall be reviewed and
either approved or rejected within 10 business days from the date
of receipt of said application. The approval or rejection shall be
in writing and shall state the condition of approval, if any, or the
reasons for rejection.
[Amended 10-10-2012, effective 11-9-2012]
D.
Failure to rule on the application in the designated
time shall constitute approval of the variance.
Pursuant to Connecticut General Statutes, § 22a-73,
this chapter shall not be effective until it has been approved by
the Commissioner of the State Department of Environmental Protection.[1]
[1]
Editor's Note: This ordinance was filed with
the Town Clerk 10-8-2002 upon approval of the Department of Environmental
Protection.
All provisions of the Zoning Regulations of
the Town of Woodbridge that are more stringent than 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 or superseded by any state law or regulation, this
chapter shall not be invalidated and the remainder of the chapter
shall continue in effect.
