Chapter 168

Chapter 168: NOISE

[HISTORY: Adopted by the Board of Selectmen of the Town of Cromwell 6-8-1994; amended in its entirety 5-14-1997. Amendments noted where applicable.]

GENERAL REFERENCES
Alarm systems — See Ch. 73.
Animals — See Ch. 82.
Building construction — See Ch. 99.
Zoning — See Ch. 236.

§ 168-1. Purpose.

It is recognized 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 or degrade the quality of their lives. This chapter is enacted to protect, preserve and promote the health, safety, welfare and quality of life for the citizens of the Town of Cromwell through the reduction, control and prevention of noise.

§ 168-2. Definitions.

When used in this chapter, the terms below shall have the following meanings:

BACKGROUND NOISE — Noise of a measurable intensity which exists at a point as a result of a combination of many distant sources individually indistinguishable.

BUSINESS ZONE — Those areas so designated under the Business Zone of the Zoning Regulations Editor's Note: See Ch. 236, Zoning. of the Town of Cromwell.

CHIEF OF POLICE — The Chief of Police of the Town of Cromwell or a duly authorized officer subject to his/her order.

CONSTRUCTION — 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.

CONSTRUCTION EQUIPMENT — Any equipment or device operated by fuel or electric power used in construction or demolition.

CONTINUOUS NOISE — Ongoing noise, the intensity of which remains at a measurable level (which may vary) without interruption over an indefinite period or a specified period of time.

DAYTIME HOURS — The hours between 7:00 a.m. and 9:00 p.m. Monday through Saturday and the hours between 9:00 a.m. and 9:00 p.m. on Sunday.

DECIBEL — A unit of measurement of the sound level, the symbol for which is "db."

DEMOLITION — Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.

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.

EMERGENCY WORK — Work made necessary to restore property to a safe condition following an emergency or work required to protect persons or property from exposure to imminent changes.

EXCESSIVE NOISE — Any sound, the intensity of which exceeds the standard set forth in § 168-5.

IMPULSE NOISE — Sound of short duration, usually less than one second, with an abrupt onset and rapid delay, the level of which is measured with a sound-level meter, which shall conform with ANSI S12.7-1986 (R1993).

INDUSTRIAL NOISE — Those areas so designated under the Industrial Zone of the Zoning Regulations Editor's Note: See Ch. 236, Zoning. of the Town of Cromwell.

INTRUSION ALARM — A device with an audible signal and which, when activated, indicates an intrusion by an unauthorized person.

MOTOR VEHICLE — A vehicle as defined in Subdivisions (30) and (31) of Section 14-1, Connecticut General Statutes, Revision of 1958, as amended.

NIGHTTIME HOURS — The hours between 9:00 p.m. and 7:00 a.m. Sunday evening through Saturday morning and between 9:00 p.m. and 9:00 a.m. Saturday evening through Sunday morning.

NOISE LEVEL — The sound-pressure level as measured with a sound-level meter.

NOISE LEVEL, A-WEIGHTED — The sound-pressure level as measured with a sound-level meter using the A-weighting network. The sound level is designated "dbA."

OCTAVE BAND SOUND-PRESSURE LEVEL — The sound-pressure level for the sound contained within the specified preferred octave band, stated in dB, as described in ANSI S1.6-1984 (R1994).

ONE-THIRD OCTAVE BAND SOUND-PRESSURE LEVEL — The sound-pressure level for the sound contained within the specified preferred one-third octave band, stated in dB, as described in ANSI S1.6-1984 (R1994).

PEAK SOUND-PRESSURE LEVEL (SPL) — The absolute maximum value of the instantaneous sound-pressure level occurring in a specified time period.

PERSON — Any individual, firm, partnership, association, syndicate, company, trust, corporation, municipality, agency or political or administration subdivision of the state or other legal entity of any kind.

PREMISES — Any building, structure, land or portion thereof, including all appurtenances, owned or controlled by a person. A noise emitter's premises includes contiguous publicly dedicated street and highway rights-of-way, all road rights-of-way and waters of the state.

PROMINENT DISCRETE TONE — The presence of acoustic energy concentrated in a narrow frequency range, including but not limited to an audible tone, which produces a one-third octave sound-pressure level greater than that of either adjacent one-third octave and which exceeds the arithmetic average of the two adjacent one-third octave band levels by an amount greater than that shown below for the one-third octave band containing the concentration of acoustic energy.

	One-Third Octave Band Center Frequency (Hz)	Average Exceedence (dB)
	100	16
	125	14
	160	12
	200	11
	250	9
	315	8
	400	7
	500	6
	630	6
	800	5
	1,000	4
	1,250	4
	1,600	4
	2,000	3
	2,500	3
	3,150	3
	4,000	3
	5,000	4
	6,300	4
	8,000	5
	10,000	6

PROPERTY LINE — That real or imaginary line along the ground surface and its vertical extension which separates real property owned or controlled by any person from contiguous real property owned and controlled by another person and which separates real property from the public right-of-way.

PUBLIC RIGHT-OF-WAY — Any street, avenue, boulevard, highway, sidewalk, alley, park, waterway, railroad or similar place which is owned or controlled by a government entity.

RESIDENTIAL ZONE — Those areas so designated under Residential Zone of the Zoning Regulations Editor's Note: See Ch. 236, Zoning. of the Town of Cromwell.

SOUND — A transmission of energy through solid, liquid or gaseous media in the form of vibrations which constitute alteration in pressure or position of particle in the medium and which, in air, evoke physiological sensations, including but not limited to an auditory response when impinging on the ear.

SOUND ANALYZER — A device, generally used in conjunction with a sound-level meter, for measuring the sound-pressure level of a noise as a function of frequency, expressed in Hertz (Hz), in octave bands, one-third octave bands or other standard ranges. The sound analyzer shall conform, as a minimum, to Type E, Class II, as specified in ANSI S1.11-1986 (R1993).

SOUND-LEVEL METER — An instrument used to measure sound levels. A "sound-level meter" shall conform, at a minimum, to the American National Standards Institute operation specifications for sound level meters S1.4-1983 (R1994).

SOUND-PRESSURE LEVEL, A-WEIGHTED — The A-weighted sound-pressure level, expressed in decibels (dBA), measured on a sound-level meter.

SOUND-PRESSURE LEVEL (SPL) — Equals 20 times the logarithm to the base 10 of the ratio of the sound pressure in question to the standard reference pressure of 20 micro-Pascals, expressed in decibel (dB) units.

§ 168-3. Noise measurement procedures.

For the purpose of determining noise levels as set forth in this chapter, the following guidelines shall be applicable:

A person conducting sound measurements shall have been trained in the techniques and principles of sound-measuring equipment and instrumentation.

Instruments used to determine sound-level measurement shall be sound-level meters and analyzers as defined by this chapter.

The following steps should be taken when preparing to take sound-level measurements:

(1)	The instrument manufacturer's specific instructions for the preparation and use of the instrument shall be followed.
(2)	Measurements to determine compliance with § 168-5 shall be taken at a point that is located more or less one foot beyond the property line of the noise emitter's premises and within the noise receptor's premises.

§ 168-4. Classification of noise zones.

Noise zones within the Town of Cromwell shall be classified as to zoning applicable for the parcel or tract of land and the surrounding parcels or tracts. Noise zones specified herein shall correspond to the following zoning descriptions in the Zoning Regulations and Zoning Map of the Town of Cromwell: Editor's Note: See Ch. 236, Zoning.

Zone	Actual or Intended Use	Current Zoning**
A	Residential	A-40, A-25, A-15, PRD-1, PRD-2
B	Commercial	B, DB, PO, WMXD
C	Industrial	I

NOTES: ** Based on the Zoning Regulations and Zoning Map of the Town of Cromwell. Editor's Note: See Ch. 236, Zoning.

§ 168-5. Noise zone standards.

A-weighted noise level standards. It shall be unlawful for any person to emit or cause to be emitted any noise beyond the property lines of his/her premises in excess of the following noise levels:

			Zone Class
Emitter Noise Zone	Receptor C (dBA)	Noise B (dBA)	A-Day (dBA)	A-Night (dBA)
Class C	70	66	61	51
Class B	62	62	55	45
Class A	62	55	55	45

Octave band noise standards.

(1)

Class A Receptor, daytime. It shall be unlawful for any person to emit or cause to be emitted any noise beyond the property lines of his/her premises, to a Class A Receptor Noise Zone during daytime hours, in excess of the following noise levels:

	Octave Band Sound-Pressure Levels (dB) Emitted to Class B Receptor by Emitters in Following Zones:
Octave Band Center Frequency (Hz)	Class C	Class B	Class A
31.5	75	72	72
63	74	71	71
125	69	65	65
250	64	57	57
500	58	51	51
1,000	52	45	45
2,000	47	39	39
4,000	43	34	34
8,000	40	32	32

(2)

Class A Receptor, nighttime. It shall be unlawful for any person to emit or cause to be emitted any noise beyond the property lines of his/her premises, to a Class A Receptor Noise Zone during nighttime hours, in excess of the following noise levels:

	Octave Band Sound-Pressure Levels (dB) Emitted to Class A Receptor by Emitters in Following Zones:
Octave Band Center Frequency (Hz)	Class C	Class B	Class A
31.5	69	63	63
63	67	61	61
125	62	55	55
250	54	47	47
500	47	40	40
1,000	41	35	35
2,000	36	30	30
4,000	32	25	25
8,000	32	25	25

(a)

Class B Receptor, at any time. It shall be unlawful for any person to emit or cause to be emitted any noise beyond the property lines of his/her premises, to a Class B Receptor Noise Zone at any time, in excess of the following noise levels:

	Octave Band Sound-Pressure Levels (dB) Emitted to Class A Receptor by Emitters in Following Zones:
Octave Band Center Frequency (Hz)	Class C	Class B	Class A
31.5	80	79	72
63	79	78	71
125	74	72	65
250	69	64	57
500	63	58	51
1,000	57	52	45
2,000	52	46	39
4,000	48	41	34
8,000	45	39	32

Impulsive noise standards.

(1)	Class A Receptor, nighttime. It shall be unlawful for any person to emit or cause to be emitted any impulse noise beyond the property lines of his/her premises, to a Class A Receptor Noise Zone during nighttime hours, in excess of 80 dB peak sound-pressure level.
(2)	Any receptor, at any time. It shall be unlawful for any person to emit or cause to be emitted any impulse noise beyond the property lines of his/her premises, to any receptor noise zone at any time, in excess of 100 dB peak sound pressure level.

Prominent discrete tone noise standards.

(1)

It shall be unlawful for any person to emit or cause to be emitted any continuous noise beyond the property lines of his/her premises which possesses one of more audible prominent discrete tones in excess of the following noise levels:

			Zone Class
Emitter Noise Zone	Receptor C (dBA)	Noise B (dBA)	A-Day (dBA)	A-Night (dBA)
Class C	65	61	56	46
Class B	57	57	50	40
Class A	57	50	50	40

§ 168-6. Delivery trucks.

In addition to the noise prohibitions in § 168-5, no person shall unload or cause to be unloaded delivery trucks within 200 feet of a residential district between one hour after sundown and 7:00 a.m.

§ 168-7. Exceptions.

This chapter shall not apply to noise emitted by or related to:

(1)	Natural phenomena.
(2)	Any bell or chime from any building clock, school or church.
(3)	Any siren, whistle or bell lawfully used by emergency vehicles or any other alarm system in an emergency situation.
(4)	A public emergency sound system.
(5)	Warning devices required by the Occupational Safety and Health Administration or other state or federal safety regulations.
(6)	Farming equipment or farming activity.
(7)	An emergency.
(8)	Snow removal equipment.

The following shall be exempt from this chapter, subject to special conditions as specified:

(1)	Noise generated by any construction equipment which is operated during daytime hours, provided that the operation of construction equipment during nighttime hours shall not exceed the maximum noise levels as specified in § 168-5 of this chapter.
(2)	Noise from domestic power equipment during daytime hours.
(3)	Noise from demolition work conducted during daytime hours, provided that when considered emergency work, demolition shall be exempted at all times from the noise levels set in this chapter.
(4)	Noise created by aircraft flight operations which are specifically preempted by the Federal Aviation Administration.
(5)	Noise created by any recreational activities which are permitted by law and for which a license or permit has been granted by the Town, including but not limited to parades, sporting events, concerts and fireworks displays.
(6)	Noise created by blasting other than that conducted in connections with construction activities, 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, and provided that a permit for such blasting has been obtained from local authorities.
(7)	Noise created by leaf, refuse and solid waste collection, provided that the activity is conducted during daytime hours.
(8)	Noise created by a fire or intrusion alarm, from the time of activation of the audible signal, 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.
(9)	Noise generated by engine-powered or motor-driven lawn care or maintenance equipment on Class A property between the hours of 8:00 a.m. and 9:00 p.m., provided that noise discharged from exhausts is adequately muffled to prevent loud noises therefrom.
(10)	Public-address systems used in election campaign activities during daytime hours only.

§ 168-8. Vehicle noise restrictions.

The following activities are prohibited:

A.	Motor vehicle noise. All motor vehicles operated within the limits of the Town of Cromwell shall be subject to the noise standards and decibel levels set forth in the regulations authorized in Section 14-80a of the Connecticut General Statutes.
B.	Motor vehicle sound-amplifying devices. No sound-amplifying devices on or within motor vehicles shall emit noise in excess of the noise levels as specified in § 168-5.
C.	Unregistered recreational vehicle noise. No person shall create or cause to be created any unreasonably loud or disturbing noise due to the operation of an unregistered 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 set forth in § 168-5.

§ 168-9. Violations and penalties.

Any person in violation of any of the sections of this chapter shall be fined in an amount not to exceed $50. Each day that such violation continues after the time for correction of the violation 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.

§ 168-10. Variances.

Any person living or doing business in the Town of Cromwell 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:

(1)	The location and nature of the activity.
(2)	The time period and hours of operation of said activity.
(3)	The nature and intensity of the noise that will be generated.

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 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.

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.

Failure to rule on an application within the designated time shall constitute approval of the variance.

§ 168-11. Conflict with zoning provisions.

All provisions of the Zoning Regulations Editor's Note: See Ch. 236, Zoning. of the Town of Cromwell which are more stringent than those set forth herein shall remain in force. If, for any reason, any word, clause, paragraph or section of this chapter shall be held to make the same unconstitutional or be superseded by any state law or regulation, this chapter shall not thereby be invalidated, and the remainder of this chapter shall continue in effect.