[HISTORY: Adopted by the Representative Town
Meeting of the Town of Fairfield 6-25-1985; amended in its entirety 8-28-2023. Amendments
noted were applicable.]
Government is instituted to protect life, liberty and property.
Loud, excessive and unreasonable noise is an interference with a person's
right to the use and enjoyment of his/her property, especially in
residential areas where human beings sleep or areas where serenity
and tranquility are essential to the intended use of the land. This
chapter is enacted to protect, preserve and promote the health, safety,
welfare and quality of life in Fairfield through the reduction, control
and prevention of noise.
As used in this chapter, the following items shall have the
meanings indicated:
Any business district, including Business District No. 1,
Business District No. 2, Business District No. 3, Designed Business
District No. 1, Designed Business District No. 2, Designed Business
District No. 3 and Designed Business District No. 4, as defined in
the Zoning Regulations of the Town of Fairfield.
The hours between 7:00 a.m. and 10:00 p.m., Monday through
Friday; and the hours between 8:00 a.m. and 10:00 p.m. on Saturday,
Sunday and during any state or national holiday.
A logarithmic unit of measurement of the sound level. In
this chapter, the decibel level is expressed in terms of dBA (A-weighted
decibels).
Any occurrence or set of circumstances involving actual or
imminent physical or property damage which demands immediate action.
A person who creates, causes to be created or allows the
noise.
Sound of short duration (generally less than one second)
with an abrupt onset and rapid decay.
Any industrial district, including Industrial District No.
1, Industrial District No. 2, Designed Industrial District No. 1,
Designed Industrial District No. 2 and Designed Research District,
as defined in the Zoning Regulations of the Town of Fairfield.
Shall be defined as per Section 14-1(26) of the Connecticut
General Statutes (Revision of 1958, as amended).[1]
The hours between 10:00 p.m. and 7:00 a.m., Sunday night through
Friday morning (weekday schedule); and the hours between 10:00 p.m.
and 8:00 a.m., Friday night through Sunday morning (weekend schedule).
|
Weekday Schedule:
|
|
10:00 p.m. Sunday through 7:00 a.m. on Monday
|
|
10:00 p.m. Monday through 7:00 a.m. on Tuesday
|
|
10:00 p.m. Tuesday through 7:00 a.m. on Wednesday
|
|
10:00 p.m. Wednesday through 7:00 a.m. on Thursday
|
|
10:00 p.m. Thursday through 7:00 a.m. on Friday
|
|
Weekend Schedule:
|
|
10:00 p.m. Friday through 8:00 a.m. on Saturday
|
|
10:00 p.m. Saturday through 8:00 a.m. on Sunday
|
During any state or national holiday, the weekend schedule will
be in effect the night before the holiday through the morning of the
holiday.
Any sound, the intensity of which exceeds the standards set forth in § 78-5 of this chapter.
The sound pressure level, as measured with a sound level
meter.
Any individual, including the singular and plural, firm,
partnership, association, syndicate, company, trust, corporation,
municipality, agency or political administrative subdivision of the
state or on other legal entity of any kind.
Any sound produced by a sound production device that can be detected by a person 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 device, the enforcement officer need not determine the title, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound. Only noise emitted by sound production devices are subject to the plainly audible noise level standards provided for in § 78-5.
Any building 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 and waters of the state.
That real or imaginary line along the ground surface and
its vertical extension which:
The person who receives the noise impact and initiates the
noise complaint.
Any residential district, including Residential Districts
AAA, AA, R-3, R-2, A, B, C, Designed Residence District No. 1 and
Designed Residence District No. 2, as defined in the Zoning Regulations
of the Town of Fairfield, and all uses permitted therewith either
as a right or as a special use.
The 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 the air,
evoke physiological sensations, including, but not limited to, an
auditory response when impinging on the ear.
An instrument used to take sound level measurements and which
should conform, as a minimum, to the operational specifications of
the American National Standards Institute for sound level meters (TYPE
s2A).
Any device whose primary function is the production of sound
and is electronically amplified, including, but not limited to, any
loudspeaker, radio, vehicle stereo, vehicle muffler, television, digital
or analog music player, public address system or sound-amplifying
equipment.
[1]
Editor's Note: See now C.G.S. § 14-1(59).
It shall be unlawful for any person to emit or cause to be emitted any noise from such person's property beyond the boundaries of his property lines in excess of the noise levels set forth in § 78-5 during daytime or nighttime hours as defined in § 78-2, except in those incidences provided for in §§ 78-7 and 78-8.
For the purpose of determining noise levels as set forth in
this chapter, the following guidelines shall be applicable:
A.
When measuring with a sound level meter:
(1)
Instruments used to determine noise levels shall conform, as a minimum,
to the operational specifications of the American National Standards
Institute for sound level meters (Type s2A), maintained in calibration
and good working order, and instrument manufacturer's instructions
for use of the instruments shall be followed.
(2)
All personnel conducting sound measurements shall be trained in the
current techniques and principles of sound-measuring equipment and
instrumentation.
(3)
Measurements shall be taken at a point that is located at least one
foot beyond the boundary of the emitter's property line within
the premises of the complaining receptor. The emitter's premises
includes his/her individual unit of land or group of contiguous parcels
under the same ownership as indicated by public land records.
B.
When measuring sound production devices that are plainly audible:
(1)
Noise produced by sound production devices are plainly audible by a person with normal hearing when such noise can be heard at the distances enumerated in § 78-5. Distances may be measured by approximation from the source of the noise, and determination of a violation is solely within the enforcement agent's discretion.
A.
No person shall emit noise exceeding the levels stated herein, except in those incidences provided for in §§ 78-7 and 78-8 of this chapter:
|
Property Use
|
Noise Measured by Sound Level Meter (Applicable to all noise)
Measured in A-Weighted Decibels (dBA)
|
Plainly Audible Noise (Applicable only to noise produced by
Sound Production Devices)
| |
|---|---|---|---|
|
Receptor
|
Time
|
Sound Level dBA
|
Plainly Audible at:
|
|
Residential
|
Nighttime
|
45 dBA
|
100 feet
|
|
Residential
|
Daytime
|
55 dBA
|
150 feet
|
|
Business
|
At all times
|
60 dBA
|
200 feet
|
|
Industrial
|
At all times
|
65 dBA
|
250 feet
|
B.
All motor vehicles operated within the limits of the Town of Fairfield
shall be subject to the noise standards and decibel levels as set
forth in the regulations of the State of Connecticut Department of
Motor Vehicles, Sections 14-80a-la through 14-80a-10a, Maximum Permissible
Noise Levels for Vehicles.[1]
[1]
Editor's Note: See now C.G.S. § 14-80a, Maximum
noise levels.
A.
The Police Department shall be responsible for enforcing the provisions of this chapter upon the complaint of any person and shall, upon such complaint, carry out the intent of this chapter as specified in § 78-3. Upon receiving the first complaint, the police shall make the required sound level reading or plainly audible determination as specified in § 78-5.
B.
If the sound level exceeds the standards enumerated in § 78-5, or is specifically prohibited under § 78-8, a verbal warning shall be given to the emitter for the first offense; a citation notice of $100 may be given for the second offense; and a citation notice of $250 may be given for each subsequent offense within six months of the last offense.
C.
Each violation shall constitute a separate offense.
D.
Refusing, hindering or interfering with enforcement of any provision
in this chapter is a separate offense.
E.
Failure to pay the fine in the time prescribed in the citation notice
will result in the issuance of a summons to appear in Superior Court.
F.
Notwithstanding that enforcement of this chapter shall be initiated
by such complaint, no signed complaint shall be required by the Police
Department to enforce or administer any of the provisions of this
chapter.
G.
Nothing in this chapter shall prevent the Police Department, because
of the perceived nature of the offense, from proceeding not under
the terms of this chapter but under the provisions of C.G.S. § 53a-182,
which sections relate generally to breach of peace and public disturbance.
H.
The Chief of Police, or his/her designee, will report annually to
the Representative Town Meeting at its January meeting on the full
list of all noise complaints received including location, date and
the disposition of all noise complaints processed.
The noise level standards defined in § 78-5 shall not apply to any noise emitted by or related to:
A.
Natural phenomena.
B.
Any bell or chime from any building clock, school or church.
D.
Warning devices required by the Occupational Safety and Health Administration
or other state or federal safety regulations.
E.
Noise created as a result of or relating to an emergency, including,
but not limited to, home and commercial generators during periods
of lost power.
F.
Noise created by snow-removal equipment.
G.
Noise created by certificated aircraft operating under the control
of the Federal Aviation Administration.
H.
Noise created as a result of or relating to maintenance and repairs
conducted by public utilities.
I.
Noise generated from swimming pool pumps, air-conditioning systems
and heating systems which are in good working order and which meet
the specifications accepted by federal, state and Town agencies designated
to govern their installation and standards of performance.
J.
Noise created by public celebrations and on-site recreational or
sporting activities which are sanctioned by the State of Connecticut
or the Town of Fairfield, including, but not limited to, parades,
sporting events, concerts, and block parties. This exception does
not apply to private rentals of Town-owned buildings.
K.
Agricultural activities, when all internal combustion engines are
equipped with a properly functioning muffler.
L.
The unamplified sounding of the human voice.
M.
Noise created by public school construction.
N.
Noise created by road maintenance activities of the Department of
Public Works and the Water Pollution Control Agency.
O.
Noise created by refuse and solid waste collection, provided that
the activity is conducted between the hours of 6:00 a.m. and 8:00
p.m. on weekdays.
P.
Permitted fireworks conducted after sunset and completed by 10:00
p.m. Fireworks conducted by the Town of Fairfield or its designee(s)
for the Independence celebration are fully excluded from these noise
regulations at all times.
Q.
Noise created by public demonstrations and/or protests, provided
that the activity is conducted during daytime hours.
R.
Construction, demolition, power tools and home maintenance tools operated between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and between 9:00 a.m. and 5:00 p.m. on weekends or state/federal holidays. At all other times, these activities shall be subject to the nighttime noise level standards specified in § 78-5.
S.
Blasting authorized by the State of Connecticut or the Town of Fairfield
conducted between 8:00 a.m. and 5:00 p.m.
T.
Landscaping and/or yard maintenance equipment operated between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, and between 8:00 a.m. and 8:00 p.m. on weekends or state/federal holidays. At all other times, these activities shall be subject to the nighttime noise level standards specified in § 78-5.
U.
Maintenance of town playing fields and public and private golf courses.
V.
Any person who owns or operates any stationary noise source granted
a variance pursuant to Section 22a-69-7.1 of the Regulations of Connecticut
State Agencies shall be exempt from provisions of this chapter by
said variance. Any person seeking a variance pursuant to Section 22a-69-7.1
of the Regulations of Connecticut State Agencies shall not be subject
to the provisions of this chapter while the variance application is
pending.
The following shall be specifically prohibited:
A.
Blasting shall not be conducted between the hours of 5:00 p.m. and
8:00 a.m.
B.
Impulse noise such as vehicle backfiring, engine racing, and unnecessary
vehicular horn blowing that annoys or disturbs the quiet, comfort
or repose of persons. No impulse noise from any source may exceed
80 dBA during nighttime hours. No impulse noise may exceed 100 dBA
at any time.
C.
Igniting fireworks after 10:00 p.m., except by the Town of Fairfield
or its designee(s) for the Independence Day celebration. Special permits
must be obtained to ignite fireworks in the Town of Fairfield. See
C.G.S. § 29-357.
D.
Refusing, hindering or interfering with enforcement of any provision
in this chapter.
A.
Any person living or doing business in the Town of Fairfield may
apply to the Chief of Police for a variance from one or more of the
provisions of this 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 Chief of Police at least 20 days prior to the start
of the activity for which the variance is sought:
B.
No variance from this chapter shall be granted unless it has been
demonstrated that:
(1)
The proposed activity will not violate any provisions of the Connecticut
Department of Energy and Environmental Protection regulations;
(2)
The noise levels generated by the proposed activity will not constitute
a danger to the public health; and
(3)
Compliance with this chapter constitutes an unreasonable hardship
on the applicant.
C.
The application for a variance shall be reviewed and approved or
rejected at least five days prior to the start of the proposed activity.
Approval or rejection shall be made, in writing, and shall state the
condition(s) of approval, if any, or the reason(s) for rejection.
D.
Failure to rule on an application within the designated time shall
constitute approval of the variance.
In the event that any standards in this chapter conflict with
regulations or standards set by the Town of Fairfield and/or the State
of Connecticut Department of Environmental Protection, the stricter
standard shall apply.
If any section, paragraph, sentence, clause or phrase of this
chapter, or any part thereof, is for any reason held to be unconstitutional,
invalid, or ineffective by a court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining
portion of this chapter or any part thereof.
