[HISTORY: Adopted by the City of Norwalk Common Council 7-26-1983; amended in
its entirety 1-14-2020. Subsequent amendments noted where applicable.]
This chapter shall be known as the "City of Norwalk 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 Norwalk through
the reduction, control and prevention of noise.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
Any person who has lodged a noise complaint with the Noise
Control Administrator that he/she is the receptor of noise on property
within the City, and said affected person has an interest in the property
as an owner, tenant, or employee.
The sound level at a given location that exists as a result
of the combined contribution in that location of all sound sources,
excluding the contribution of the source or sources under investigation
for violation of this code and excluding the contribution of extraneous
sound sources. Ambient sounds are differentiated from extraneous sounds
by the fact that ambient sounds are being emitted the majority of
the time although they may not be continuous. Examples of ambient
sounds may include steady traffic of properly muffled vehicles, summer
insects in the distance, pedestrians talking, and adjacent commercial/industrial
operations or mechanical equipment.
All commercial districts, business districts, as defined
in the Zoning Regulations of the City of Norwalk,[1] and all uses associated therewith, either permitted as
a right or as a special use.
The Common Council of the City of Norwalk.
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, for or of public or private rights-of-way,
structures, utilities or similar property.
Any equipment or device operated by fuel pneumatically or
electric power used in construction or demolition work.
Site where construction or demolition takes place.
Sound with a duration of one second or longer measured by
the slow response of a sound level meter. Impulsive sounds that are
rapidly repetitive and have a cumulative duration of one second or
longer shall be measured as continuous sound.
The sound level attributable to the source or sources under
investigation, which is calculated by subtracting the measured ambient
sound level from the measured total sound level.
The hours between 7:00 a.m. and 8:00 p.m., Monday through
Friday, the hours between 8:00 a.m. and 8:00 p.m. on Saturday and
the hours 9:00 a.m. through 8:00 p.m. on Sundays and federal and state
holidays.
The practical unit of measurement for sound pressure level
(SPL); the number of decibels of a measured sound is equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
a reference sound (20 micropascals) abbreviated "dB."
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
The Health Director of the City of Norwalk.
Not limited to, power saws, drills, grinders, lawn and garden
tools and other domestic power equipment intended for use in residential
areas by a home owner.
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 City of Norwalk to have
sound warning devices, such as sirens and bells, which can lawfully
be used when responding to an emergency.
Work made necessary at the site of an emergency to restore
property to a safe condition following an emergency, or work required
to protect persons or property from exposure to imminent danger.
Any sound that is intense and intermittent, and is neither
ambient sound nor sound attributable to a source or sources under
investigation for a violation of this code. Such sound includes but
is not limited to sirens of emergency vehicles, unusually loud motor
vehicle exhaust or braking, people shouting or talking next to the
meter, animal vocalizations, aircraft or trains passing, car door
slams, etc. When conducting compliance measurements, such extraneous
sound sources may be noted but their sound levels are excluded.
As defined in Chapter 57 in the City Code.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Impulse sound may be measured with
the sound level meter response set to "fast" or "impulse."
All industrial districts as defined by the Zoning Regulations
of the City of Norwalk.[2]
Per Section 14-1(59) of the Connecticut General Statutes,
as amended.
A device for abating sounds, such as those produced by escaping
gases.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building, which is both commercial (usually on the ground
floor) and residential property, located above, below or otherwise
adjacent to.
The hours between 8:00 p.m. and 7:00 a.m., Sunday evening
through Friday morning, Friday evening, 8:00 p.m. through 8:00 a.m.,
Saturday morning and Saturday evening, 8:00 p.m. through 9:00 a.m.
Sunday morning. Saturday nighttime hours apply to state and federal
holidays.
The Mayor, Chief of Police, and Director of the Board of
Health or person(s) designated to oversee enforcement of this chapter,
to review and act upon applications for variances, and perform other
duties specified herein.
Any sound which unreasonably annoys, disturbs, injures or
endangers the comport, repose, health, peace or safety of a person,
or which causes injury or damage to property or business.
Any area designated by the Norwalk Board of Health as a "noise-sensitive
zone" where noise problems are likely to occur or known to exist.
As a minimum requirement, said zone must include within its boundaries
a school, hospital, house of worship, day-care center, nursing home,
public library, senior citizen center, residence or court.
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 sound that can be detected by an investigator using his
or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a portable or vehicular
sound amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The investigator need not determine the title, specific words,
or the artist performing the song.
Any buildings, 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.
Either a) the vertical boundary that separates one parcel
of property (i.e., lot and block) from another residential or commercial
property; b) the vertical and horizontal boundaries of a dwelling
unit that is part of a multi-dwelling-unit building; or c) on a multi-use
property as defined herein, the vertical or horizontal boundaries
between the two portions of the property on which different categories
of activity are being performed (e.g., if the multi-use property is
a building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit). Note: This definition
shall not apply to a commercial source and a commercial receptor which
are both located on the same parcel of property (e.g., a strip mall).
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.
Any property used for human habitation, unless the habitation
is a condition of employment, including, but not limited to:
All City-owned property used for recreational or educational
purposes and all residential districts and any commercial district
when used for residential purposes, as defined in the Zoning Regulations
of the City of Norwalk,[3] and all uses permitted therewith either as a right or
as a special use.
Any activities involving the use of heavy equipment, including
but not limited to hydraulic point breaking of rock, pavement breaking
(jack hammering), pile driving, excavation, activities related to
the processing of earth and rock, such as screening, splitting and
crushing, removal of materials and filling.
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.
The sound pressure level in decibels as measured with a sound
level meter using the A-weighting network. The level so read is designed
"dB(A)" or "dBA."
An instrument used to take sound level measurements and which
should conform, as a minimum, to the American National Standards Institute
Specifications for Sound Level Meters, S1.4-1984 (or subsequent revisions).
An instrument used to conduct field calibration checks of
a sound level meter, and which should conform, as a minimum, to the
American National Standards Institute Specifications and Verification
Procedures for Sound Calibrator, S1.40-2006 (or subsequent revisions).
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 10 - 6 Newtons/meter2), and is expressed in decibels (dB).
Any device whose primary function is the production of sound,
including, but not limited to, any musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
The measured level which represents the sum of sound from
the source or sources under investigation for violation of this code
and the ambient sound sources, excluding any extraneous sound, when
measured on the property of an affected person or at another specified
location.
For the purpose of determining sound level 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.
Sound level meters and calibrators used to conduct measurements shall
conform to the definitions of this chapter.
C.
The sound level meter and calibrator shall be recertified annually
by the manufacturer or at a laboratory accredited for such calibrations
by either the American Association for Laboratory Accreditation or
the National Institute of Standards and Technology.
D.
The general steps listed below shall be followed when conducting
sound level measurements:
(1)
A field calibration check of the sound level meter shall be conducted
before and after each set of measurements. If the meter drifts by
more than 0.5 dB between calibrations, all measurements taken since
the last valid calibration shall be voided.
(2)
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. Wind speed measurements shall be taken at the sound
measurement location, and sound measurements shall not be conducted
when the wind speed exceeds 12 miles per hour. Measurements may be
taken in a location where the microphone is shielded from excess wind
speeds.
(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)
Unless otherwise specified in this chapter, sound level measurements
or observations shall be conducted at or within the property line
of an affected person, at any location or elevation on their property
or within their premises that reasonably represents a location at
which they may be exposed to the noise. This may include but is not
limited to conducting measurements at an elevated balcony or bedroom
window.
(5)
The investigator shall survey the immediate vicinity of the source
under investigation in order to confirm the identity of the source,
and to select suitable locations for the measurement of the total
sound level and the ambient sound level.
(6)
Total sound level measurements shall be conducted at or within the
property lines of the affected person, unless otherwise specified
in this chapter. The location of outdoor measurements, at the discretion
of the investigator, must represent a location on that property which
would see regular use by the complainant during the day, or be within
25 feet of the residential structure at night. The sound level meter
reading shall be noted during the period of observation, excluding
extraneous sounds.
(7)
When conducting indoor sound level measurements, the measurements
shall be taken at least three feet from any wall, floor or ceiling
and all exterior doors and windows may, at the discretion of the investigator,
be closed. The configuration of the windows and doors shall be the
same when measuring Total and ambient sound levels, and all sound
sources within the dwelling unit must be shut off (e.g., television,
stereo). Measurements shall not be taken in areas which receive only
casual use such as hallways, closets and bathrooms.
(8)
Ambient sound level measurements shall be conducted in such a manner as to quantify the contribution of the ambient sound sources to the location at which the total sound measurements were conducted. If sound from the source under investigation can reasonably be discontinued, these measurements shall be conducted at the same location at which the total sound level measurements were conducted, while the source under investigation is not operating. If sound from the source under investigation cannot reasonably be discontinued (per § 68-9B) then for purposes of enforcement of this code, the ambient sound level of a given location may be determined based upon measurements taken at a comparable site (which includes but is not limited to comparable physical locations and time of day) in the nearby area. The choice of an alternate location or time for these measurements must take into consideration the primary source(s) of ambient sound (e.g., a major roadway), and remain the same relative distance from that ambient sound source at the new measurement location when compared to the distance between the ambient source and the location at which the total sound level measurements were conducted, with traffic patterns relatively the same. The sound level meter reading shall be noted during the periods of observation, excluding extraneous sounds.
E.
The corrected source sound level shall be calculated by subtracting
the ambient sound level from the total sound level, as per Table 1,
below.
|
Table 1
| |
|---|---|
|
Correction for Ambient Sound Levels
(dB)
| |
|
Difference between Total Sound Level and Ambient Sound Level
(TSL-ASL) in dB
|
Correction Factor to be Subtracted from Total Sound Level to
Calculate Corrected Source Sound Level
|
|
0-3
|
Source level < Ambient sound level
|
|
4,5
|
2
|
|
6-9
|
1
|
|
10 or more
|
0
|
|
Procedure for Using Table 1
|
|
Step 1: Subtract the ambient sound level from the total sound
level.
|
|
Step 2: Refer to Table 1 to determine the correction factor
for the difference calculated in Step 1.
|
|
Step 3: Subtract the correction factor from the total sound
level. The resultant number is the corrected source sound level.
|
F.
Compliance determination shall be based upon the corrected source
sound level.
A.
No person shall operate or cause to be operated any source of sound
from any use occupancy in such a manner as to create a sound level
which exceeds the limits set forth in the use occupancy category in
Table 2, when measured at or within the property line of the receiving
property.
(1)
Continuous sound. The limit in Table 2 may not be exceeded by incidents
representing the normal, usual operation of the sound source, during
any three or more sampling intervals, the duration of which shall
be no less than 1/2 minute, within any one-hour period. If the total
duration of the sound under investigation is less than 1 1/2
minutes, the requirement for a minimum of three measurements shall
be waived.
|
Table 2
| |||
|---|---|---|---|
|
Maximum Permissible Sound Level Limits by Receiving Land Use
[dB(A)]
| |||
|
Residential1 Daytime
|
Residential Nighttime
|
Commercial 24 hours
|
Industrial 24 hours
|
|
Outdoors
| |||
|
55
|
45
|
63
|
70
|
|
Indoors2
| |||
|
45
|
35
|
55
|
60
|
|
NOTES:
| |
|
1
|
If the residential receptor is within a commercial or industrial
zone, or within 200 feet of such a zone, the permissible sound level
limits in Table 2 are increased by 5dB(A), and the daytime limits
apply until 10:00 p.m.
|
|
2
|
Indoor measurements shall only be taken if the sound source
is on or within the same property as the receiving property, as in
the case of a multi-dwelling-unit building or a multi-use property
(e.g., sound generated within a commercial unit of a multi-use property
building and received within a residential unit of the same building).
In addition, indoor measurements shall be taken if the property line
between the receiving property and the source property is a common
wall, floor or ceiling.
|
(2)
Impulsive sound.
(a)
No person shall make, cause, allow or permit the operation of
any impulsive source of sound which has a maximum sound level in excess
of 80 dBA, when measured at or within the real property line of a
residential receiver. At nighttime, if an impulsive sound is the result
of the normal operation of an industrial or commercial facility and
occurs more frequently than four times in any hour, the levels set
forth in Table 2 shall apply.
(b)
If measurements of impulsive sound are conducted indoors pursuant to § 68-5A(2), the permissible limit is 60 dBA. At nighttime, if an impulsive sound is the result of the normal operation of an industrial or commercial facility and occurs more frequently than four times in any hour, the levels set forth in Table 2 shall apply.
(3)
Commercial establishments serving alcohol or food, or presenting
live or recorded musical performances.
(a)
Notwithstanding any other provisions of this chapter, commercial
establishments such as bars, restaurants, cabarets, or performance
venues shall conform to the following standards:
[1]
There shall be no sound-production device on the exterior of
the establishment or inside the establishment at a distance of less
than 10 feet to an open door or window towards which it is oriented,
without a permit.
[2]
Sound-production devices in commercial establishments shall
not exceed any of the permissible sound level limits set forth in
Table 3, below:
|
Table 3
Maximum Permissible Sound Level Limits Commercial Establishment
Sound-Production Devices
| ||||
|---|---|---|---|---|
|
Facility Location
|
Time of Day
|
Sound Level Limit dB(A)
| ||
|
At a Distance of 10 Feet from Facility1
|
Property Line of Affected Person
|
Inside Residence of Affected Person
| ||
|
Washington Street Development District (WSDD)
|
Day2
|
75
|
65
|
50
|
|
Night
|
65
|
55
|
35 with WSDD
| |
|
Plainly audible in Any Other Zone
| ||||
|
Any other commercial district
|
Day
|
70
|
60
|
40
|
|
Night
|
60
|
50
|
Plainly audible
| |
|
NOTES:
| ||
|
1
|
Exterior of the building or the property line, whichever is
further from the source. On Washington Street, this is at the approximate
curbline (where there is on-street parallel parking).
| |
|
2
|
For the purposes of applying Table 3, with regard to WSDD only,
daytime hours are extended up to:
| |
|
(a)
|
10:00 p.m. on Sunday through Wednesday;
| |
|
(b)
|
11:00 p.m. on Thursday; and
| |
|
(c)
|
1:00 a.m. on Friday, Saturday and the night before federal and
state holidays.
| |
B.
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.
(4)
Warning devices required by OSHA or other state or federal safety
regulations. This exclusion includes backup alarms so long as they
are self-adjusting to ambient sound levels.
(5)
Noise created as a result of or relating to an emergency.
(6)
Agricultural activities, when all internal combustion engines are
equipped with a properly functioning muffler.
C.
Restricted uses and activities. The following shall be exempt from this chapter, and these regulations are subject to special conditions as spelled out and to the general prohibition of § 68-6:
(1)
Excluding emergency work, power tools, home maintenance tools, landscaping
and/or yard maintenance equipment used by a residential property owner
or tenant shall not be operated between the hours of 8:00 p.m. and
8:00 a.m., unless such activities can meet the applicable limits set
forth in Table 2. At all other times, the limits set forth in Table
2 do not apply to noncommercial or nonindustrial power tools used
for landscaping maintenance. All motorized equipment used in these
activities shall be operated with a muffler and/or sound-reduction
device.
(2)
Excluding emergency work, power tools, landscaping and/or yard maintenance
equipment used by nonresidential operators (e.g., commercial operators)
shall not be operated on residential, commercial or industrial property
between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between
the hours of 6:00 p.m. and 9:00 a.m. on weekend or state or federal
holidays, unless such activities can meet the limits set forth in
Tables 2 and 3. At all other times, Tables 2 and 3 do not apply. All
motorized equipment used in these activities shall be operated with
a muffler and/or sound-reduction device.
(3)
Self-contained, portable, nonvehicular music or sound-production
devices shall not be operated on a public space or public right-of-way
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound,
operated on a public space or public right-of-way, from such equipment
shall not be plainly audible at a distance of 25 feet in any direction
from the operator.
(4)
Noise from snow removal equipment at any time shall be exempted,
provided that such equipment shall be maintained in good repair so
as to minimize noise, and noise discharged from exhausts shall be
adequately muffled to prevent loud and/or explosive noises therefrom.
(5)
Noise created by any aircraft flight operations which are specifically
preempted by the Federal Aviation Administration.
(6)
Noise created by any recreational activities which are permitted
by law and for which a license or permit has been granted by the City,
including, but not limited to, parades, sporting events, concerts
and firework displays.
(7)
Noise created by refuse and solid waste collection, provided that
the activity is conducted during daytime hours.
(8)
Noise created by the normal and ordinary activities of the Department
of Public Works or any taxing district utility, including but not
limited to the following: street sweeping, snow and ice control, maintenance
of the sanitary sewer collection system, maintenance of storm drainage
systems, solid waste collection and disposal, maintenance of traffic
control devices and operation of off-street parking facilities.
(9)
Noise created by public school construction.
(10)
Notwithstanding the sound level limits found in Table 2, the permissible sound level limit for residential HVAC equipment between the hours of 10:00 p.m. and 7:00 a.m. shall be 50 dBA when measured as specified in § 68-4D(6).
(11)
All interior and exterior burglar alarms of a building or motor vehicle
must be activated in such a manner that the burglar alarm terminates
its operation within five minutes for continuous airborne sound and
15 minutes for intermittent sound after it has been activated. At
all other times the limits set forth in Table 2 do not apply.
(12)
The operation of a standby or portable generator is exempt from the limits in this chapter when there is a power outage affecting the subject property. The regular testing/exercising of a generator must be conducted on weekdays (Monday through Friday) during daytime hours and for the minimum duration suggested by the manufacturer. During such testing the sound level limit shall be 70 dBA at the property line of any affected person. The permissible limits in § 68-5A apply to the operation of generators tested outside of the prescribed hours or operated when there is no power outage affecting the subject property. No person shall at any time operate a generator during nighttime hours in a residential zone unless there is a power outage affecting the subject property. Generators used on a permitted construction site may not exceed 65 dBA at the property line of any affected person. This does not apply to a power outage from loss of power resulting from nonpayment to the applicable utility.
A.
General prohibition. It shall be unlawful for any person to make,
continue or cause to be made or continued any loud, unnecessary and
unreasonable noise.
B.
The following activities are prohibited:
(1)
Vehicle horns. No person shall at any time sound any horn or audible
signal device of a motor vehicle unless it is necessary as a warning
to prevent or avoid a traffic accident.
(2)
Emissions from stationary or idling mobile sources. No mobile source
engine shall be allowed to operate for more than three consecutive
minutes when the mobile source is not in motion except as follows:
(a)
When a mobile source is forced to remain motionless because
of traffic conditions or mechanical difficulties over which the operator
has no control;
(b)
When it is necessary to operate heating, cooling or auxiliary
equipment installed on the mobile source when such equipment is necessary
to accomplish the intended use of the mobile source;
(c)
To bring the mobile source to the manufacturer's recommended
operating temperature;
(d)
When the outdoor temperature is below 20°F;
(e)
When the mobile source is being repaired.
(3)
Exhaust discharge. No person shall discharge into the ambient air the blow-down of any steam vent of the exhaust of any stationary internal combustion engine or air compressor equipment, unless such discharge is through a muffler as defined by § 68-3 of this chapter or through an apparatus providing equal noise reduction and that meet noise level requirements identified in § 68-5B.
(4)
Construction. No person shall at any time operate construction equipment
on the construction or demolition site or carry on any construction
or demolition during nighttime hours, except in an emergency in the
interest of public safety and then only with a permit from the Director
of Health or his/her designee and subject to all other applicable
rules and regulations provided by state and local law, and said permit
may not exceed a period of three days.
(5)
Blasting. No person shall at any time carry on blasting between the
hours of 5:00 p.m. and 8:00 a.m. except in an emergency in the interest
of public safety and then only with a permit from the Director of
Health or his/her designee and subject to all other applicable rules
and regulations provided by state and local law, and the permit may
not exceed a period of three days.
(6)
Site work or construction or demolition activities.
(a)
After the appropriate permits have been obtained, site work or construction and demolition activities utilizing construction equipment on a construction or demolition site in a residential zone or noise-sensitive zone shall be limited to the weekdays, Monday through Friday, other than state or federal holidays, from 8:00 a.m. to 5:00 p.m. During the permitted hours, such activities are exempt from the limits in § 68-5A.
(b)
After the appropriate permits have been obtained, site work or construction and demolition activities utilizing construction equipment on a construction or demolition site in a commercial zone or industrial zone shall be limited to weekdays, Monday through Friday, other than state or federal holidays, from 8:00 a.m. to 5:00 p.m. and on Saturdays from 10:00 a.m. to 3:00 p.m. During the permitted hours, such activities are exempt from the limits in § 68-5A.
(c)
All motorized equipment used in construction and demolition
activity shall be operated with a properly functioning muffler. The
exemptions in this provision shall not apply to sound-production devices
(e.g., radios) used at a construction site.
(7)
Leaf blowers. No person shall at any time operate a leaf blower during
nighttime hours in a residential zone.
(8)
Nighttime in-house construction. No person shall carry on nighttime
in-house construction unless that construction activity takes place
solely within the structure and emits no sound or noise outside of
the structure.
A.
All motor vehicles operated within the limits of the City of Norwalk
shall be subject to the noise standards and decibel levels set forth
in the regulations authorized in Sections 14-80a-1a through 14-80a-10a,
inclusive, of the Regulations of Connecticut State Agencies.
B.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at distance of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 8:00 a.m.
C.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is plainly audible
at a distance of 50 feet in any direction from the operator between
the hours of 8:00 a.m. and 10:00 p.m.
D.
This section dealing with motor vehicle noise shall be enforced by
the Noise Control Administrator.
A.
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 § 68-5B or C.
B.
The Norwalk Board of Health may designate noise-sensitive zones where
noise problems are particularly likely to occur and likely to cause
unusual problems. Loudspeakers and public address systems may be prohibited
in such noise-sensitive zones by the Norwalk Board of Health.
C.
Operating, playing or permitting the operation or playing of any
radio, television, phonograph or similar device which reproduces or
amplifies sounds in such a manner as to create a noise disturbance
is prohibited. Factors to be considered in determining whether a noise
disturbance exists in a given situation include but are not limited
to any or all of the following:
(1)
The intensity of the noise under investigation, to be assessed at
the location at which a disturbance is alleged to occur.
(2)
Whether the noise has a characteristic nature that is unduly harsh,
intrusive, or unnatural (e.g., squealing tonality or thumping bass),
especially if accompanied by vibration perceptible to a human either
in their limbs or torso, or in any structural component of their residence
(e.g., rattling windows).
(3)
The intensity of the ambient noise.
(4)
The proximity of the noise source to a residence or the intrusion
of noise into the residence, especially the sleeping quarters.
(5)
The time of day or night the noise occurs.
(6)
The existence of complaints concerning the noise from persons living
or working in separate properties or dwellings who are affected by
the noise.
(7)
The nature of the zoning district in which the noise source is located,
as well as that within 500 feet of the noise source.
A.
For the purpose of determining compliance with the provisions of
this chapter, the Noise Control Administrator 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.
B.
No person shall refuse to allow the Noise Control Administrator to
perform reasonable sound testing on any device or devices when such
inspection/investigation is based on probable cause. Reasonable sound
testing on any device or devices includes but is not limited to requiring
the temporary shutting down of said device or devices for the purposes
of such testing except that upon showing that the inspection would
produce a noticeable interruption of services that would cause discomfort
to employees or customers or require a building engineer or other
professional to work with the equipment, such authorized employee
shall reschedule the inspection for a more convenient time.
C.
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 Noise Control Administrator 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.
D.
It shall be unlawful for any person to refuse to allow or permit
the Noise Control Administrator free access to any premises when the
Noise Control Administrator is acting in compliance with a warrant
for inspection and order issued by the appropriate court.
E.
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.
F.
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.
A.
This section governs the initiation of enforcement actions, the issuance
of citations or summons for violations of this chapter, and the imposition
of penalties for violations of this chapter.
B.
If a person violates any provision of this chapter, or an order issued
pursuant thereto, the Noise Control Administrator may issue a citation
or summons, institute an action in a court of competent jurisdiction
for injunctive relief, or any or all of them, to prohibit and prevent
such violation or violations, in which event the matter shall proceed
as a summary matter in a court of competent jurisdiction.
C.
D.
The Noise Control Administrator shall classify a violation as a "major"
or "minor" violation for the purposes of issuing an enforcement document
and compliance grace period. If compliance is achieved during the
grace period, then no fine shall be levied. A violation shall be classified
as a major violation if it is not deemed a minor violation. A violation,
regardless of how intense, is deemed to be minor if:
(1)
The violation is not the result of willful, reckless or grossly negligent
conduct of the violator; or
(2)
The activity or condition constituting the violation has not been
the subject of an enforcement action against the violator in the immediately
preceding 12 months; or
(3)
The violation is not the result of the operation of a sound-production
device of any kind, with the exception of safety warning devices.
E.
If the violation is deemed to be minor, the Noise Control Administrator
shall notify the violator that the activity or condition must be corrected
and compliance achieved within 30 days or less, at the discretion
of the Noise Control Administrator, or any other reasonable period
of time, not to exceed 180 days, to be determined based upon the nature,
extent and impact of the violation and a reasonable estimate of the
time needed to correct the violation. The violator may request, from
the Noise Control Administrator, an extension of the compliance deadline,
and the Noise Control Administrator may approve any reasonable request
for an extension if the violator can demonstrate that a good faith
effort has been made to achieve compliance. The Noise Control Administrator
shall offer special consideration, during the six-month period immediately
following final enactment of this chapter, for preexisting sound sources
which will require physical plant modifications to come into compliance.
F.
If the violation is deemed to be minor, the Noise Control Administrator
shall notify the violator that if he/she achieves compliance within
the period of time specified in the enforcement document, the Noise
Control Administrator shall not seek to collect a fine from the violator
for that violation.
G.
If, during the grace period, the sound emissions for which the violation
has been assessed increase in duration or intensity, the Noise Control
Administrator may revoke the grace period. In determining whether
to revoke the grace period, the Noise Control Administrator may consider
the following factors, including but not limited to: the relative
increase in intensity; whether the change of sound emissions is directly
related to ongoing sound abatement measures; and the anticipated duration
of the increased sound levels.
H.
If the violator does not correct a minor violation within the period
of time specified in the enforcement document, the violation is reclassified
as major, and the Noise Control Administrator may seek injunctive
relief and/or a fine for a violation of this chapter. If the Noise
Control Administrator has reason to believe that the violator is not
acting in good faith during the grace period, they may conduct further
investigations during that period, and if the violator has not achieved
compliance within the period of time specified in the enforcement
document, the Noise Control Administrator may prosecute any violations
documented during the grace period.
I.
If the violation is not deemed to be minor, it shall be classified
as a major violation and the Noise Control Administrator shall notify
the violator that he/she will not be allowed a period of time to correct
the violation before a penalty is sought, and that he/she may be liable
for a fine for that violation, and that the Noise Control Administrator
may seek summary injunctive relief. The Noise Control Administrator
shall offer special consideration, during the six-month period immediately
following final enactment of this chapter, for preexisting sound sources
which will require physical plant modifications to come into compliance.
J.
Any claims for a fine may be compromised and settled based upon the
following factors:
K.
The owner of the property, or any person lawfully entitled to possess
the property or manage a business premises from which the offending
sound is emitted at the time the offending sound is emitted shall
be jointly and severally liable for compliance with this chapter even
if not present upon or in the property, and each shall be punished
for its violation as shall the person or persons actually causing
such sound. It shall not be a lawful defense to assert that some other
person caused the sound. The lawful possessor, manager or operator
in or on the property shall be responsible for operating or maintaining
the property in compliance with this chapter, and penalties shall
be applied to such person or persons as well as to the person or persons
actually causing the sound.
L.
Any owner, lessee, agent, supervisor, or other person in charge of
operating, ordering, directing or allowing the operation or maintenance
of any device or machine creating a nuisance noise as prohibited in
this chapter, shall be deemed guilty of violating this article.
M.
Nothing in this chapter shall be construed to abridge, limit or otherwise
impair the right of any person to damages or other relief on account
of injuries to persons or property, and to maintain any action or
other appropriate proceeding therefor.
A.
Variances.
(1)
Any person living or doing business in Norwalk may apply to the Director
of Health 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 supplies all of the following information
to the Director of Health:
(2)
No variance from these regulations shall be issued unless it has
been demonstrated that:
(a)
The proposed activity will not violate any provisions of the
Connecticut Department of Environmental Protection regulations.
(b)
The noise levels generated by the proposed activity will not
constitute a danger to the public health.
(c)
Compliance with the regulations constitutes an unreasonable
hardship on the applicant.
(3)
Following receipt and review of an application for a variance, the
Director of Health shall fix a date, time and location for a hearing
on such application.
(4)
The Director of Health shall cause the applicant to publish at his/her
own expense all notices of hearings and other notices required by
law, including, but not limited to, notification of all abutters of
record and property owners within 200 feet.
(5)
Within 65 days of the receipt of the record of the hearings on a
variance application, the Director of Health shall issue his/her determination
regarding such application. All such decisions shall briefly set forth
the reasons for the decision.
(6)
The Director of Health may, at his/her discretion, limit the duration
of any variance granted under this chapter. Any person holding a variance
and needing an extension of time may apply for a new variance under
the provisions of this chapter. Any such application shall include
a certification of compliance with any condition imposed under the
proposed variance.
(7)
The Director of Health may attach to any variance any reasonable
conditions he/she deems necessary and desirable, including, but not
limited to:
(a)
Requirements for the best practical noise control measures to
be taken by the owner or operator of the source to minimize noise
during the period of the variance.
(b)
Requirements for periodic reports submitted by the applicant
relating to noise, to compliance with any other conditions under which
the variance was granted or to any other information the Director
of Health deems necessary.
(8)
The filing of an application for a variance shall operate as a stay
of prosecution, except that such stay may be terminated by the Director
of Health upon application of any party if the Director of Health
finds that protection of the public health so requires.
(9)
In any case where a person seeking a variance contends that compliance
with any provision of these regulations is not practical or possible
because of the cost involved either in installing noise control equipment
or changing or curtailing the operation in any manner, he/she shall
make available to the Director of Health such financial records as
the Director of Health may require.
(10)
A variance may include a compliance schedule and requirements
for periodic reporting of increments of achievement of compliance.
(11)
Failure to rule on the application in the designated time shall
constitute approval of the variance.
B.
Any person aggrieved by the decision of the Director of Health with
respect to any variance may appeal to the Common Council within a
period of 10 days of the reception of the Health Director's decision.
C.
The Director of Health is herewith authorized to recommend regulations
from time to time not inconsistent with the State Public Health Code
and/or the regulations of the State Department of Environmental Protection
regarding noise which shall, upon approval by the Common Council and
State of Connecticut Department of Environmental Protection, become
effective therewith.
D.
Contracts. Any written agreement, purchase order or contract whereby
the City of Norwalk 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 the chapter.
If any clause, sentence, paragraph or part of this chapter,
or the application thereof to any person, firm, corporation or circumstances,
shall for any reason be adjudged by a court of competent jurisdiction
to be unconstitutional or invalid, said judgment shall not affect,
impair or invalidate the remainder of this chapter and the application
of such provision to other persons, firms, corporation or circumstances,
but shall be confined in its operation to the clause, paragraph or
part thereof directly involved in the controversy in which said judgment
shall have been rendered and to the person, firm, corporation or circumstances
involved. It is hereby declared to be the legislative intent of this
body that this chapter would have been adopted had such invalid provisions
not been included.
In the event that provisions or standards of this chapter or
adopted under this chapter shall conflict with regulations or standards
set by the State of Connecticut Department of Environmental Protection,
the more strict standard shall apply.
In construing this chapter, masculine or neutral pronouns shall
be substituted for those of feminine form and vice versa, and the
plural of the singular and the singular of the plural, shall be substituted
in any case which the context may require.
