[HISTORY: Adopted by the Town Council of the Town of Newington 2-23-1982
(§§ 6-30 to 6-38 of the 1974 Code). Amendments noted where
applicable.]
GENERAL REFERENCES
Alarm devices — See Ch. 136.
Excessive noise must be controlled by the Town to protect, preserve
and promote the public health, safety and welfare. The Town Council recognizes
the fact that people have a right to and should be ensured an environment
free from excessive sound and vibration that may jeopardize their health,
safety or welfare.
As used in this chapter, the following words and terms shall have the
meanings hereinafter set out:
Noise which exists at a point as a result of the combination of many
distant sources, individually indistinguishable. In statistical terms, it
is the level which is exceeded 90% of the time (L90) in which the measurement
is taken.
Those zone districts listed in Section 2 of the Newington Zoning
Regulations and shown on the Official Zoning Map adopted by the Town Plan
and Zoning Commission.[1]
The assembly, erection, substantial repair, alteration, demolition
or site preparation for or of public or private rights-of-way, buildings or
other structures, utilities or property.
The hours between 7:00 a.m. and 10:00 p.m., Monday through Saturday,
and the hours between 9:00 a.m. and 10:00 p.m. on Sunday.
A unit of measurement of the sound level, the symbol for which is
dB.
Any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.
Any sound, the intensity of which exceeds the standards set forth in § 291-6 of this chapter.
Sound of short duration, usually less than one second, with an abrupt
onset and rapid decay.
Those zone districts listed in Section 2 of the Newington Zoning
Regulations and shown on the Official Zoning Map adopted by the Town Plan
and Zoning Commission.[2]
A device with an audible signal which, when activated, indicates
intrusion by an unauthorized person.
A vehicle as defined in Subdivisions (25) and (26) of C.G.S. § 14-1,
as amended.
The hours between 10:00 p.m. and 7:00 a.m. Sunday evening through
Saturday morning, and between 10:00 p.m. and 9:00 a.m. Saturday evening through
Sunday morning.
A frequency weighted sound pressure level as measured with a sound-level
meter using the A-weighting network. The level so read is designated “dBA.”
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.
Any building, structure, land, or portion thereof, including all
appurtenances, owned or controlled by a person.
All engine- or motor-powered tools and equipment used occasionally
in the repair and upkeep of exterior property and including, but not limited
to, lawn mowers, riding tractors, wood chippers, power saws, leaf blowers.
A device, either stationary or mobile, producing audible signal associated
with a set of circumstances involving actual or imminent danger to persons
or damage to property which demands immediate action.
All activity related to the clearing, cleaning, repair and upkeep
of public roads, sidewalks, sewers, water mains, utilities, and publicly owned
property.
Any internal-combustion-engine-powered vehicle which is being used
for recreational purposes.
Those zone districts listed in Section 2 of the Newington Zoning
Regulations and shown on the Official Zoning Map adopted by the Town Plan
and Zoning Commission.[3]
A 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 air, evoke physiological sensations,
including, but not limited to, an auditory response when impinging on the
ear.
An instrument used to measure sound levels. A sound level meter shall
conform, as a minimum, to the American National Standards Institute's operational
specifications for sound level meters S1.4-1971 (Type S2A).
Twenty times the logarithm to the base 10 of the ratio of the pressure
of a sound to the reference pressure of 20 micronewtons per square meter (20
x 10-6 Newtons/meters2)
and is expressed in decibels (dB).
The duly appointed Town Manager of the Town or his designee.
This chapter shall not apply to noise emitted by or related to:
The following shall be exempt from this chapter subject to the special
conditions noted:
A.
Noise created by the operation of property maintenance
equipment during daytime hours.
B.
Noise generated by any construction equipment operated
during daytime hours.
C.
Noise created by any recreational activities which are
sanctioned by the Town, including, but not limited to, parades, sporting events,
concerts and fireworks displays.
D.
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.
E.
Noise created by refuse and solid waste collection, provided
that such activity is conducted between 6:00 a.m. and 10:00 p.m.
F.
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.
G.
Noise created by public facility maintenance during daytime
hours.
For the purpose of determining
noise levels as set forth in this chapter, the following guidelines shall
be applicable:
A.
A person conducting sound measurements shall have been
trained in the techniques and principles of sound-measuring equipment and
instrumentation.
B.
Instruments used to determine sound level measurements
shall be sound level meters as defined by this chapter.
A.
Noise levels. 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 the noise levels established in this chapter.
B.
Noise level standards.
(1)
No person shall emit noise exceeding the levels stated
herein.
|
Zone in Which Receptor is Located
| ||||
|---|---|---|---|---|
|
Zone in Which Emitter is Located
|
Industrial
(dBA)
|
Business
(dBA)
|
Residential Daytime Hours
(dBA)
|
Residential Nighttime Hours
(dBA)
|
|
Industrial
|
70
|
66
|
61
|
51
|
|
Business
|
62
|
62
|
55
|
45
|
|
Residential
|
62
|
55
|
55
|
45
|
C.
Background noise and impulse noise.
(1)
In those individual cases where the background noise
levels caused by sources not subject to this chapter exceed the standards
contained herein, a source shall be considered to cause excessive noise if
the noise emitted by such source exceeds the background noise levels by 5
dBA, provided that no source subject to this chapter shall emit noise in excess
of 80 dBA at any time, and provided that this subsection shall not be interpreted
as decreasing the noise level standards of this section.
(2)
No person shall cause or allow the emission of impulse
noise in excess of 80 dBA peak sound pressure level during nighttime hours.
(3)
No person shall cause or allow the emission of impulse
noise in excess of 100 dBA peak sound pressure level at any time.
D.
Motor vehicle noise.
(1)
All motor vehicles operated within the limits of the
Town 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,
§ 14-80a-1a(a-1), entitled "Maximum Permissible Noise Levels For
Vehicles."
(2)
No sound-amplifying devices on or within motor vehicles
shall emit noise in excess of the noise levels as specified in this section.
E.
Recreational vehicle noise. No person shall create or
cause to be created any unreasonably loud or disturbing noise due to the operation
of a recreational vehicle. A noise shall be deemed to be unreasonably loud
and a violation of this chapter when the noise so generated exceeds the noise
level standards in this section.
A.
Any person in violation of any of the provisions of this
chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be fined in an amount not to exceed $50. In lieu of arrest and issuance
of a summons, a police officer may serve upon a violator an infraction notice
which shall be known as a “noise ticket.” Payment of the fine
prescribed by such noise ticket within the time limit specified thereon shall
constitute a plea of nolo contendere and shall save the violator harmless
from prosecution for the offense cited.
B.
Each day a violation continues after the time for correction
of the violation has been given in an order shall constitute a continuing
violation, and the amount of the fine shall be doubled for each day said violation
continues, said fine not to exceed $400 per day.
A.
Any person residing or doing business in Newington may
apply to the Town Manager for a variance from one or more of the provisions
of this chapter which are more stringent than the Connecticut Department of
Environmental Protection's regulations for the control of noise, provided
that the applicant supplies all of the following information to the Town Manager
at least 20 days prior to the start of said activity:
B.
No variance from these regulations shall be issued unless
it has been demonstrated that:
(1)
The proposed activity will not violate any provisions
of the Connecticut Department of Environmental Protection regulations.
(2)
The noise levels generated by the proposed activity will
not constitute a danger to the public health.
(3)
Compliance with this chapter constitutes an unreasonable
hardship on the applicant.
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 of approval, if any, or the reasons for rejection.
D.
Failure to rule on the application in the designated
time shall constitute approval of the variance.
