This chapter is intended to protect, preserve and promote the public health, safety and welfare insofar as they are affected by the creation and maintenance of excessive or unnecessary noise as defined by this chapter. This chapter is further intended to provide minimum and uniform standards and safeguards governing the creation and maintenance of noise levels in the community. Interpretation of this chapter shall be made in such a manner as to afford maximum protection of the public health, safety and welfare and the peace and quiet of the Town of West Hartford and its inhabitants.
This chapter shall apply uniformly to the creation and maintenance of all noises in the Town of West Hartford, except for the following uses and activities:
A. Noises of safety signals, warning devices, emergency pressure relief valves and emergency sound signals.
B. Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency.
C. Noises of the workplace which are covered by OSHA regulations and standards, except that noises emitted from a place of work which affect the general public shall be governed by this chapter.
D. Sound generated by natural phenomena, including but not limited to wind, storms, insects, birds and water flowing in its natural course, except that noises emitted from domestic animals, birds or pets shall be governed by this chapter.
E. Sound created by bells, carillons or chimes associated with specific religious observances.
F. Sound created by safety and protective devices.
G. Farming equipment or farming activity.
H. Backup alarms required by OSHA or other state or federal safety regulations.
I. Conditions caused by natural phenomena, strike, riot, catastrophe or other condition over which the apparent violator has no control.
J. Noise generated by engine-powered or motor-driven lawn care or maintenance equipment shall be exempted between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday, 8:00 a.m. and 9:00 p.m. on Saturday and 9:00 a.m. and 9:00 p.m. on Sunday, provided that noise discharged from exhausts is adequately muffled to prevent loud and/or explosive noises therefrom.
K. Noises created by 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.
L. Noise created as a result of or relating to an emergency.
M. Noise generated by construction activity shall be exempted between the hours of 7:00 a.m. to one hour after sundown, Monday through Saturday.
N. Noise created by blasting other than that conducted in connection with construction activities shall be exempted, provided that the blasting is conducted between 8:00 a.m. and 5:00 p.m. local time at specified hours previously announced to the local public or provided that a permit for such blasting has been obtained from local authorities.
O. Noise created by on-site recreational or sporting activity which is sanctioned by the state or local government, provided that noise discharged from exhausts is adequately muffled to prevent loud and/or explosive noises therefrom.
P. Patriotic or public celebrations not extending longer than one calendar day.
Q. Noise created by aircraft.
R. Noise created by products undergoing test, where one of the primary purposes of the test is the evaluation of product noise characteristics and where practical noise control measures have been taken.
S. Noise generated by transmission facilities, distribution facilities and substations of public utilities providing electrical powers, telephone, cable television or other similar services and located on property which is not owned by the public utility and which may or may not be within utility easements.
Nothing in any portion of this chapter shall in any manner be construed as authorizing or legalizing the creation or maintenance of a nuisance, and compliance of a source with this chapter is not a bar to a claim of nuisance by any person. A violation of any portion of this chapter shall not be deemed to create a nuisance per se.