[Ord. No. 2487, § 2, 3-16-2010]
This article shall be known as the Noise Control Ordinance of
the Town of Windham.
[Ord. No. 2487, § 3, 3-16-2010]
It is found that excessive sound and vibrations are harmful
to the quality of life, and the health, safety and welfare, of persons
living, residing and visiting the town, in that excessive sound and
vibration adversely affect sleep habits, attentiveness to duty, work,
study and personal affairs, adversely affect commerce, businesses,
and pedestrians, and adversely affect the use and enjoyment of public
areas such as streets and sidewalks, parks and other recreational
lands and areas of the town; and
It is found that persons residing within the Town of Windham
should enjoy an environment free from excessive sound and vibrations;
and
It is found that a substantial body of science and technology
exists by which excessive noise may be substantially abated; and
It is found that excessive noise must be controlled by ordinance
to protect, preserve and promote the public health, safety and welfare.
Therefore, pursuant to the Town Charter, G.S. §§ 7-148,
14-80a, and 22a-67, et seq., and G.S. §§ 7-148(b)(7)(H)(viii)
and 22a-73, the Town Council hereby adopts this Ordinance and declares
its enforcement to be a town priority.
[Ord. No. 2487, § 4, 3-16-2010]
Except as provided in Section 9-44 of this article, it shall be unlawful for any person to make or cause to be made any loud or unreasonable noise. Noise shall be deemed to be loud or unreasonable when it disturbs, injures, or endangers the peace or health of another or when it endangers the health, safety, or welfare of the community. Any such noise shall be considered to be a noise disturbance and a public nuisance when it is audible by a person of normal hearing at a distance of 100 or more feet from a property line within which boundary line is the source of the noise.
[Ord. No. 2487, § 5, 3-16-2010]
The following acts, which enumeration shall not be deemed to
be exclusive, are declared to be a noise disturbance:
(1)
All motor vehicles operated within the limits of the Town of Windham
shall be subject to the noise standards and decibel levels set forth
in the regulations authorized in federal, state, and local laws and
regulations, including, but not limited to, Conn. regulation Sections
14-80a-1a through 14-80a0-10a as amended from time to time.
(2)
It shall be unlawful for any person to operate a motor vehicle having
a stereo, radio, sound amplification system, or other sound system,
that may be heard a distance of 100 feet or more from the motor vehicle
by a person of normal hearing;
(3)
It shall be unlawful for any person in charge of a party or other
social event to allow that party or event to produce noise in a loud
or offensive manner such that the noise interferes with the peace
or health of members of the public. A person shall be deemed to be
in charge of a party or social event when that event occurs on private
property and the person is present at the event and resides on the
premises involved, or is a person who lives in or on the premises
involved and who has authorized the use of the premises for such event.
In addition, the owner/landlord of the property and any person managing
the property, will also be considered to be in charge of the party
or social event jointly and severally. It shall be unlawful for any
person to produce loud or offensive noise which may be heard by a
person of normal hearing at a distance of 100 feet as measured from
the property line from which the sound emits.
[Ord. No. 2487, § 6, 3-16-2010]
This article shall not apply to any noise emitted by or related
to:
(1)
Sound generated by natural phenomena, including, but not limited
to, wind, storms, insects, amphibious creatures, birds and water flowing
in its natural course.
(2)
The unamplified sounding of the human voice.
(3)
The unamplified sound made by any wild or domestic animal.
(4)
Sound created by bells, carillons, or chimes associated with specific
religious observances.
(5)
Sound created by a public emergency signal attached to an authorized
emergency vehicle, as authorized by Subsection (d) of Section 14.80
and Section 14-1a of Chapter 246 of the General Statutes and all amendments
thereto, or located within or attached to a building, pole or other
structure for the purpose of sounding an alarm relating to fire or
civil preparedness.
(6)
Sound created by safety and protective devices.
(7)
Farming equipment or farming activity.
(8)
Back-up alarms required by OSHA or other state or federal safety
regulations.
(9)
Sound generated by any mobile source of noise. Mobile sources of
noise shall include, but are not limited to, such sources as aircraft,
automobiles, trucks and boats. This exclusion shall cease to apply
when a mobile source of noise has maneuvered into position into a
loading dock, or similar facility, has turned off its engine and ancillary
equipment, and has begun the physical process of removing the contents
of the vehicle.
(10)
Any noise the regulation of which would be preempted by state or
federal noise regulations, including the exclusions provided in G.S.
§ 22a-74a and/or 14-80a, as amended from time to time.
(11)
And any future exclusions in Connecticut Department of Environmental
Protection regulations Section 22a-69-1.7, or Section 14-80a.
[Ord. No. 2487, § 7, 3-16-2010]
The following shall be exempt from this article, subject to
the special conditions noted:
(1)
Noise created by the operation of property maintenance equipment
during daytime hours.
(2)
Noise generated by any construction equipment operated during daytime
hours.
(3)
Noise created by any recreational activities sanctioned by the town,
including, but not limited to, parades, sporting events, festivals,
concerts and firework displays.
(4)
Noise created by blasting, provided that the blasting is conducted
between 8:00 a.m. and 5:00 p.m. local time and provided that a permit
for such blasting has been obtained from state or local authorities.
(5)
Noise created by snow removal equipment provided that the noise discharged
from exhausts is adequately muffled to prevent loud and/or explosive
noises therefrom.
(6)
Noise created by a 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.
(7)
Noise not exceeding the levels or duration specified by the town's
Zoning Commission or Zoning Board of Appeals, provided that compliance
with the town's noise regulations does not preclude enforcement by
the state under the state noise plan or other provisions.
[Ord. No. 2487, § 8, 3-16-2010]
(a)
This article may be enforced by any police or peace officer, by the
Town Manager, and by the Town Manager's designee, and each may issue
written citations for the fines prescribed herein.
(b)
A person who violates any provision of this article shall be given
an initial written warning.
(c)
A subsequent offense of any provision of this article shall be deemed
a civil ordinance violation and shall be punishable by a fine of $250.
(d)
Where the violation involves a motor vehicle and the person cited
is not the owner, the owner of the vehicle shall be jointly and severally
responsible with the driver for the payment of the fine.
(e)
Where the violation involves a motor vehicle, the town may report
unpaid fines to the Connecticut Department of Motor Vehicles.
(f)
The fine shall be paid within five days of its issuance, and any
person failing to make payment within the said five days shall be
charged interest at the rate of 18% per annum.
(g)
A person who files a complaint falsely or without a reasonable basis
may be prosecuted in the same manner as filing a false report according
to law.
(h)
A person accused of a second, third or further offense[s] may appeal
in accordance with the town's appeal process.
(i)
The identification of property lines under this article shall be
sufficient if the location is reasonably ascertained by the presence
of fences, driveways, vegetative borders, rock walls, utility facilities,
or landmarks conventionally associated with boundary line demarcation.
Metes and bounds or other forms of surveys are not required.
(j)
The measurement of distances under this article shall be sufficient
if undertaken by reasonable and reliable approximation, such as, but
not limited to, pacing the distance or estimating the distance by
comparison to car lengths, driveway widths, yard dimensions that can
be verified by Assessor's or other reliable maps, or similar nontechnical
but reasonably accurate measuring techniques.
[Ord. No. 2487, § 9, 3-16-2010]
The provisions and remedies under this article are not exclusive
and shall be in addition to any other provisions and remedies provided
for in any town ordinance or section of the general statutes or which
are available under common law.
Nothing here in shall be construed to in any way restrict or
limit the enforcement of the criminal laws by the Town of Windham,
the State of Connecticut or the United States, including the criminal
enforcement of disorderly conduct and civil disobedience statutes
and laws. In addition, nothing herein shall be construed to limit,
impair or affect the regulatory authority of any board, official or
commission, to regulate noise or sound, decibel levels or their effects,
nor to place more restrictive restrictions upon any use, activity,
property or person. Nothing herein shall be construed to be a defense
against any prosecution for any civil, administrative or criminal
proceeding.
If, for any reason, any word, clause, paragraph or section of
this article shall be held to make the same unconstitutional or superseded
by any state law or regulation, or invalidated, this article shall
not thereby be invalidated and the remainder of the article shall
continue in effect.
[Ord. No. 2487, § 10, 3-16-2010]
This article shall be published pursuant to the Charter, and
unless repealed by initiative, subject to approval by the commissioner
of environmental protection. Notice of the commissioner's approval
shall also be published, and this article shall be effective 30 days
after the date the said approval is published.
