[HISTORY: Adopted by the Town Meeting of the Town of Bethlehem 5-27-2021[1]. Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally numbered as Ch. 135 but was renumbered for organizational purposes.
A. 
The people of the Town of Bethlehem should be free of unwanted, excessive noise and vibration that jeopardize the public health and peace. This chapter is to protect, preserve, and promote the public health, safety, welfare, and quality of life pursuant to Connecticut General Statutes §§ 22a-73, 7-148(c)(7)(E), and 7-148(c)(7)(H)(viii) and (xi).
B. 
The following definitions shall apply in this chapter:
COMMERCIAL NOISE RECEPTOR ZONE
A parcel of real property for which the primary use is not industrial in nature but is the conduct of business, trade, professional services, or the retail sales of goods or other services.
EMERGENCY VEHICLE
Any motor vehicle authorized by any local authority to have sound warning devices, such as sirens and bells, which can lawfully be used when responding to an emergency.
IMPULSE NOISE
Sound of short duration, usually less than one second, with an abrupt onset and rapid delay.
INDUSTRIAL NOISE RECEPTOR ZONE
A parcel of real property the primary use of which is for manufacturing goods; gravel processing; quarrying, or rock crushing; excavation depositing or processing of earth materials; processing of timber, tree stumps or demolition materials; processing of brush; construction of buildings; or the fabrication or repair of machinery; a scrap metal processing facility or a motor vehicle recycler's business or yard as defined by state law.
MOTOR VEHICLE
A vehicle as defined in Subdivisions (30) and (31) of Section 14-1, Connecticut General Statutes, Revision of 1958, as amended.
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.
RESIDENTIAL NOISE RECEPTOR ZONE
A parcel of real property on which is situated a dwelling, including, but not limited to, a house, condominium unit(s), or apartment unit(s), and on which such dwelling is the primary use of said parcel.
SOUND-LEVEL METER
An instrument used to measure sound levels. A sound-level meter shall conform, as a minimum, to the American National Standards Institute operational specifications for sound level meters S1.4-1971 (Type S2A).
A. 
It shall be unlawful for any person to emit or cause to be emitted any noise beyond the boundaries of his/her premises where in excess of 55 dBA at the receptor's site between the hours of 7:00 a.m. and 10:00 p.m. where the receptor is in a Residential Noise Receptor Zone.
B. 
It shall be unlawful for any person to emit or cause to be emitted any noise beyond the boundaries of his/her premises in excess of 45 dBA at the receptor's site between the hours of 10:00 p.m. and 7:00 a.m. where the receptor is in a Residential Noise Receptor Zone.
C. 
It shall be unlawful for any person to emit or cause to be emitted any noise beyond the boundaries of his/her premises where in excess of 60 dBA at the receptor's site between the hours of 7:00 a.m. and 10:00 p.m. where the receptor is in an Industrial Noise Receptor Zone or a Commercial Noise Receptor Zone.
D. 
It shall be unlawful for any person to emit or cause to be emitted any noise beyond the boundaries of his/her premises in excess of 50 dBA at the receptor's site between the hours of 10:00 p.m. and 7:00 a.m. where the receptor is in an Industrial Noise Receptor Zone or a Commercial Noise Receptor Zone.
E. 
No sound-amplifying devices on or within motor vehicles shall emit noise in excess of the noise levels as specified in this chapter.
For the purpose of determining noise levels as set forth in this chapter, the following guidelines shall apply:
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 sound-level measurements shall conform to any performance standards required by the Department of Energy and Environmental Protection.
C. 
The general steps listed in § 96-5, Instrumentation, shall be followed when preparing to take sound-level measurements.
A. 
The instrument manufacturer's specific instructions for the preparation and use of the instrument shall be followed.
B. 
The sound-level meter shall be calibrated before and after each set of measurements.
C. 
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.
D. 
The sound-level meter shall be placed at an angle to the sound source as specified by the manufacturer's instructions, and be at least four feet above the ground.
E. 
The meter shall be placed as to not be interfered with by individuals conducting the measurements.
F. 
Measurements shall be taken at a point that is located about one foot beyond the boundary of the emitter's premises and within the receptor's premises. The emitter's premises include his/her individual unit of land, or ground of contiguous parcels under the same ownership as indicated by public land records.
Notwithstanding the foregoing, the following shall be exempted from the above restrictions:
A. 
Natural phenomena.
B. 
Any bell or chime of a school, public clock, or church.
C. 
Any siren, whistle, bell, or similar apparatus of an emergency vehicle, public emergency service, or alarm system in an emergency situation; provided, however, that any repetitive activation of a burglar or similar alarm due to the negligence of the owner, lack of proper maintenance, or malfunction shall not be exempted.
D. 
Warning devices required by state, federal, or local workplace safety laws and regulations.
E. 
Farming/agricultural equipment and farming/agricultural activity as defined by Section 1-1(q) of the Connecticut General Statutes.
F. 
Lawful discharge of a firearm between the hours of 6:00 a.m. and 9:00 p.m. Furthermore, nothing in this chapter shall be construed as eliminating or reducing the exemptions from criminal and civil liability for noise and noise pollution provided in Connecticut General Statutes § 22a-74a ("Noise Pollution Control").
G. 
Power-generating equipment operated during an emergency or during a power outage.
H. 
Cellular telecommunications facilities and their appurtenances, including transmission lines.
I. 
Power-generation facilities owned by a public utility.
J. 
Noise generated by any religious or recreational activities permitted by law, including but not limited to outdoor evangelistic activity, preaching, parades, sporting events, concerts, and fireworks displays.
K. 
Noise generated by engine-/motor-powered lawn care or yard maintenance equipment shall be exempted between the hours of 7:00 a.m. and 9:00 p.m., provided that noise discharged from exhausts is adequately muffled to prevent any explosive noises therefrom.
L. 
Noise from demolition work conducted between 8:00 a.m. and 6:00 p.m., provided that when considered emergency work, demolition shall be exempted at all times during such emergency work.
M. 
Noise generated by construction equipment which is operated between the hours of 7:00 a.m. and 6:00 p.m. used for projects duly permitted, if applicable by the appropriate Town board(s) or commission(s); or noise generated by construction equipment used on Town infrastructure projects.
N. 
Noise generated by snow-removal equipment, provided equipment is maintained in good repair and exhaust is adequately muffled.
O. 
Noise from any lawfully registered airport facility generated by air traffic or by aviation-related activity.
A. 
The Town, through its Board of Selectmen and pursuant to Connecticut General Statutes § 22a-73(b)(2), shall designate a Noise Control Officer. Said Officer shall be knowledgeable in the calibration and use of the noise-measuring instrumentation. The Noise Control Officer shall provide a written report of each documented violation of this chapter to the Bethlehem Resident State Trooper. Such report shall include the date and time of offense, noise level reading, location of offense, and party allegedly in violation of this chapter. It shall be in the discretion of the Resident State Trooper whether to issue a warning or citation to anyone in violation of this chapter.
B. 
The Noise Control Officer and Resident State Trooper are authorized to make inspections of all noise sources and take measurements and make tests, whenever necessary, to determine the quality and character of the noise. If any party refuses or restricts entry to the premises in question, or refuses testing and inspection, the Resident State Trooper may seek a search warrant from a court of competent jurisdiction.
C. 
No person shall hinder, obstruct, delay, or interfere with the enforcement of this chapter.
Any party who violates the provisions of this chapter shall be fined not more than $100 per violation, or the maximum fine allowed for such violations under Connecticut law, whichever is less. Each act of violation and each day a violation occurs or continues constitutes a separate offense.
This chapter may be enforced by injunction, action for abatement, or other appropriate civil remedy.
A. 
Any person living or doing business in the Town may apply to the Board of Selectmen for a variance from one or more of the provisions of this chapter. In so doing, the applicant shall inform the Board of Selectmen no fewer than 20 days prior to commencement of the activity generating noise of:
(1) 
The location and nature of the activity generating the noise; and
(2) 
The time period and hours of operation of said activity; and
(3) 
The nature and intensity of the noise that will be generated; and
(4) 
Any other information required by the Board of Selectmen.
B. 
No variance from this chapter shall be allowed unless it has been demonstrated:
(1) 
The proposed activity will not violate any state law or state regulation; and
(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 which is not self-imposed.
C. 
The application for variance shall be reviewed and either approved or rejected at least five days prior to the proposed start of said activity. The approval or rejection shall be in writing and shall state the condition(s) of approval, if any, or the reason(s) for rejection.
D. 
Failure to rule on the application in the designated time shall constitute approval of the variance.
E. 
The Board of Selectmen may adopt a standard application form to be required of those parties requesting a variance.
A. 
Should any provision of this chapter be declared invalid for any reason, such declaration shall not affect the validity of other provisions of this chapter as a whole, it being the legislative intent that the provisions of this chapter shall be severable and that the remainder shall be valid.
B. 
All provisions of other Bethlehem ordinances more stringent than those set forth herein shall remain in force.
Pursuant to Connecticut General Statutes § 22a-73(c), this chapter shall not be effective until it has been approved by the Commissioner of Energy and Environmental Protection.
This chapter shall take effect 15 days after publication of a summary of its provisions pursuant to Connecticut General Statutes, § 7-157(b).