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.
A.
The provisions of this chapter shall apply uniformly to all sources of noise within the Town of West Hartford, irrespective of when such noise sources were originally created. Anyone who owns or operates an existing noise source may apply to the Director of Health for a variance in accordance with § 123-26 of this chapter.
B.
The provisions of this chapter shall not be construed
to prevent the enforcement of other ordinances or regulations which prescribe
standards other than are provided in this chapter.
C.
In any case where a provision of this chapter is found
to be in conflict with a provision of any other ordinance or regulation of
the Town or state, the provision which establishes the higher standard, as
determined by the Town Manager, for the promotion and protection of the health,
safety and welfare of the inhabitants of the Town shall prevail.
D.
This chapter shall not affect violations of any other
ordinance, code or regulation existing prior to the effective date of this
chapter, and any such violation may be governed and continue to be punishable
under the provisions of those ordinances, codes or regulations in effect at
the time the violation was committed.
