Public Health, Recreation & Environment Standing Committee of the RTM Special Meeting Materials (linked)

Suisman Shapiro
~
Attorneys-At-Law S|
Robert A. Avena ‘ =
MEMORANDUM
Raymond L. Buribeault, Jr: _ nN
bane)
eniee Ss RETIN TO: RTM Standing Committee 9
Miclinel A. Blanchard ss
rie W. Callahan FROM: Nicholas F. Kepple, Waterford Town Attorney ro
Miatisel P. Carey Robert A. Avena, Waterford Town Attorney oA
Richard S, Cody 4
ine Bay CT DATE: August 29, 2022
Isabel V. Del Vecchio i * . * *
; RE: Public Health Committee Consideration of Various Towns’
AEE Enforcement of Noise Ordinances
Eileen. C. Duggan
Rochelle C, Duyan The: Town Attorneys have been requested to review nearby and statewide noise
Bryan P: Fiengo ordinances and each town’s method of enforcing its ordinance, and to provide findings and
“Theodore W. Heiser recommendations regarding municipal noise enforcement.
Jeffrey W. Hill .
Carolyn P. Kelly To begin, we reviewed Section 9.06.090, entitled Enforcement-Violation-Penalty
sigh of Waterford’s Ordinance to compare with other town’s ordinance enforcement provisions.
risti D, Kelly
Waterford’s Noise Ordinance states that a police officer shall be responsible for
SER ERs determining through noise level measurements that.a violation of the Noise Ordinance has
Rabies: evil occurred. Most of the Towns we.contacted or reviewed their noise regulations, designated
Jillian K. Miler its police department as the enforcement agency, including the recently adopted (August
Samuel M. Nasseta 2021) ordinance of the Town of Winchester, CT (see Exhibit A). Winchestet’s citation
iain As Ragypootid officer/hearing method: of enforcement is similar to other noise ordinances listed below.
KyleJ, Zrenda
Among all the noise ordinances we reviewed and discussed with several town
sedis attorneys and police departments, most, like Waterford, did not typically. pursue criminal
charges.against noise violations. Rathér, most communities rely on civil fines and penalties,
inane Boon enforceable if not timely paid (or appealed), by superior court civil judgments (see list on
Ainge “yoann Exhibit B). We have discussed various enforcement proposals with Chief Balestracci, and
Santes J. Courtney he agreed that noise violators can best be dealt with in a manner similar to traffic: and
L. Patiick Gray, 1 towing violations before the Town’s appointed hearing officer. In several towns, civil fines
Michael V: Sage are doubled for each violation, up to a maximum amount of $400.00 per day.
Matthew:Shafner
If strengthening the ordinance through civilian citations is an avenue the Standing
Committee wishes to pursue, we will be recommending modifications to the enforcement
section of the Waterford Noise Ordinance to clarify the. procedures to be taken regarding
civil enforcement, penalties and the procedure for an appeal to the Town Hearing Officer.
Max M: Shapiro
Charles J, Suisman
Thomas B, Wilson
Louis C- Waa! In addition, we will likely be recommending additional language to give the Police
Department flexibility to determine if further charges, such as Breach of Peace or Creating
OF Counsel an Unlawful Disturbance, may be pursued instead, with appropriate criminal prosecution.
Hinda K, Kimmel We also would point out, pursuant to Connecticut State Regulation §22a-69-1.5, that
fiiiilita private nuisance claims are still a viable remedy for Waterford residents, and are separate
from any enforcement action taken under the Town Noise Ordinance.
Richard A, Schiatz
A Tradition of Innovative Solutions
Suisman, Shapiro, Wool, Brennan, Gray & Greenberg, P.C.
2 Union Plaza, Suite 200 * P.O, Box 1591, New London, CT 06320
Phone 860-442-4416 * Fax 860-442-0495 ¢ www.suismanshapiro.com

RTM Standing Committee
August 29, 2022
Page 2
Please note that effective July 1, 2022 the DEEP is no longer responsible for reviewing and
approving proposed noise ordinances or amendments, provided the proposed Noise Ordinance
amendment’s levels are no lower than those established by State DEEP regulation.
NFK/RAA/pmn
Attachments

Exhibit.A
Winchester

[/nvehester
Section 195
Noise
§ 270-1 Purpose.
It is the intention of this article to carry out and effectuate the public policy of the State of Connecticut, the
federal government, and the Town of Winchester concerning the regulation of those activities causing
measurably excessive noise and noise disturbance within the Town of Winchester. It is recognized that
excessive noise is a serious hazard to health, welfare, and quality of life for all citizens and that each person
has a right to an environment free from noise that may jeopardize their health, safety, or welfare.
§ 270-2 Definitions.
The following definitions shall apply in the interpretation and enforcement of this article:
Background Noise: 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.
Commercial Zone: Those areas designated for commercial use in the Zoning Regulations of the Town of
Winchester, also known as “Highland Lake Business District,” “Town Center,” and “Town Gateway” Zones.
Daytime Hours: Hours between 7:00 AM and 9:59 PM, Monday through Saturday, and the hours between
9:00 AM and 9:59 PM on Sundays and federal and state holidays.
Decibel: A unit of measurement of sound levels.
Emergency: Any occurrence involving actual or imminent danger to persons or damage to property which
demands immediate action or any occurrence involving prolonged power outages.
Excessive Noise: Any sound, the intensity of which exceeds the standard set forth in Section 3 of this article.
Impulse Noise: Noise of short duration, usually less than one second, with an abrupt onset and rapid decay.
Industrial Zone: Those areas designated for industrial use in the Zoning Regulations of the Town of
Winchester, also known as “Production & Innovation” Zones.
Intrusion Alarm: A device with an audible signal which, when activated, indicates intrusion by an
unauthorized person. Such alarm may be attached to, or within, a building, structure, property, or vehicle.
Lawn Care & Maintenance Equipment: All engine or motor-powered garden or maintenance tools intended
for occasional use in residential districts, typically capable of being used by a homeowner, including, but not
limited to, lawn mowers, riding tractors, snowblowers, and including equipment intended for infrequent
service work in inhabited areas, typically requiring skilled operators, including but not limited to chainsaws,
log chippers, or paving rollers.
Section 195 — Noise Ordinance — Revised August 2021
Page | of 6

Motor Vehicle: Shall be given that meaning which is provided for by Connecticut General Statutes § 14-
1(a)(47).
Nighttime Hours: Any hours not designated as “Daytime Hours,” as defined above.
Person: 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.
Premises: 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,
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 or controlled by
another person, and separates real property from the public right-of-way.
Residential Zone: Those areas designated for residential use in the Zoning Regulations of the Town of
Winchester, also known as “Highland Lake District,” “Rural Residential,” “Town Center Residential,” and
“Town Single Family” Zones.
Sound: 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.
Sound Level Meter: An instrument, including a microphone, an amplifier, an output meter, and frequency
weighting networks for the measurement of sound levels. The sound level meter shall conform to the ANSI
Specifications for Sound Level Meters, $1.2-1971.
§ 270-3 Noise levels and guidelines.
A. Noise zones within the Town of Winchester shall be classified according to the zoning applicable to the
parcel or tract of land from which noise is emitted and the surrounding parcels or tracts on which noise
is received, provided that any parcel whose use is lawfully nonconforming to its zone at the time this
article is enacted shall be classified for noise emission purposes according to the zone appropriate for
the nonconfonning use. It shall be unlawful for any person to emit or cause to be emitted any noise
beyond the boundaries of their premises in excess of the noise levels established in this section.
Measurements shall be taken at a point that is located approximately one foot beyond the boundary of
the emitter’s premises within the receptor’s premises, The emitter’s premises includes their individual
unit of land or ground or contiguous parcels under the same ownership, as indicated by the public land
records.
Section 195 — Noise Ordinance ~ Revised August 2021
Page 2 of 6

Zone in which
Zone in which Receptor is Located (all measurements in dBA).
Emitter is Located
Production & Highland Lake Highland Lake District
Innovation Business District
Rural Residential
Town Center
Town Center Residential
Town Gateway
Town Single Family
Daytime Hours | Nighttime Hours
Production & 70 66 61 51
Innovation
Highland Lake 62 62 55 45
Business District
Town Center
Town Gateway
Highland Lake 62 55 55 45
District
Rural Residential
Town Center
Residential
Town Single
Family
B. No person shall cause or allow the emission of impulse noise in excess of 80 decibels’ peak sound
pressure level during Nighttime Hours to any residential zone. No person shall cause or allow ethe
emission of irapulse noise in excess of 100 decibels’ peak sounds pressure level at any time to any zone,
C. 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
measurements shall be sound level meters as defined by this article.
Page 3 of 6
Section 195 — Noise Ordinance — Revised August 2021

§ 270-4 High Background Noise Areas
In those individual cases where the background noise levels caused by sources not subject to this article
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 level by five dBA, provided that no source subject to
the provisions of Section 3 of this article shall emit noise in excess of 80 dBA at any time, and provided that
this section does not decrease the permissible levels set forth in any other section of this article.
§ 270-5 Exclusions.
Maximum noise levels established in Section 3 of this article shall not apply to any noise emitted or related
to:
A. Natural phenomena.
B. Any bell or chime from any building clock, school, or church.
Any siren, whistle, or bell lawfully used by emergency vehicles or any other alarm system used in an
emergency situation. This exclusion does not include, however, intrusion alarms attached to any
building, structure, or property that does not terminate within 30 minutes after being activated or any
intrusion alarm attached to a vehicle not terminating within 10 minutes after being activated. The
repetition of activation of the audible signal of an intrusion alarm due to malfunction, lack of proper
maintenance, or lack of reasonable care should be considered excessive noise.
. Warning devices required by OSHA or other state or federal safety regulations.
Noise created as a result of an emergency, including, but not limited to, the use of personal or
commercial electrical generators.
Noise created by lawn care and maintenance equipment utilized during daytime hours, as that term is
defined in this article, provided that noise discharge from exhausts is adequately muffled to prevent
loud and/or explosive noises therefrom.
. Activities specially licensed under permit from the Town of Winchester, including, but not limited to,
parades, sporting events, and firework displays. This exclusion applies only if noise discharged from
exhausts is adequately muffled to prevent loud and/or explosive noise therefrom. Moreover, patriotic
or other public celebrations may not extend longer than one calendar day.
. Noise from snow removal equipment, 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.
Utility maintenance, including, but not limited to, the removal of fallen trees and the installation and
repair of utility wires and poles.
Town of Winchester construction, road repair, and tree removal operations. -
K. The repair of buildings owned by the Town of Winchester.
Activities conducted by the Town of Winchester in a governmental capacity or by the State of
Connecticut or by the federal government of the United States of America.
. Properties that have a pending noise variance application under Section 9 hereof.
Section 195 — Noise Ordinance ~ Revised August 2021
Page 4 of 6

§ 270-6 Motor vehicle noise.
A. All motor vehicles operated on public roads within the limits of the Town of Winchester shall be
subject to the noise standards and decibel levels act set forth by the Connecticut General Statutes, §§
14-80 and 14-80a, and the regulations issued thereunder.
B. No sound-amplifying devices on or within motor vehicles shall emit noise in excess of the noise
levels as specified in Section 3 hereof.
§ 270-7 Enforcement and penalties.
The Winchester Police Department shall enforce the provisions of this article pertaining to the measurement
of noise levels and the issuance of notices of violation. Any person in violation of any section of any
provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be
fined in an amount not to exceed $100. In lieu of arrest and issuance of a summons, the Winchester Police
Department 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 and to the address specified thereon shall
constitute a plea of nolo contendere and shall save the violator harmless from prosecution for the offense
cited. Each day a violation continues after the time for correction of the violation has been given in a written
order, or after the issuance of a summons or infraction notice, shall constitute a continuing, separate violation .
and the amount of the fine shall be doubled for each day said violation continues, said fine not to exceed four
hundred dollars ($400) per day. In the event payment of the fine is not made and an appeal has not been
taken as provided herein, the violator shall be responsible for any and all costs of collection, including
attorneys’ fees. The imposition of any fine hereunder shall not prevent the enforced abatement of any
unlawful condition by the Town and the Town shall have the right to pursue any remedy allowed under law.
§ 270-8 Appeal process.
Whenever a fine is imposed under this Ordinance, the person fined may, within ten (10) days from the date of
issuance of the noise ticket, appeal by filing a written notice of appeal with the Winchester Chief of Police.
The filing of an appeal shall stay any fine imposed until such time as a decision is rendered by a Town
Citation Hearing Board in accordance with the procedure for hearings set forth.
The provisions of this Ordinance may be enforced by citation and hearing as permitted by Conn. Gen. Stat.
Section 7-152(c).
In the event a decision on an appeal is rendered in favor of the Town and, if permitted by law, the Town shall
be entitled to recover its costs incurred in defending such matter, including attorneys’ fees.
§ 270-9 Variances.
A. Any person living or doing business in Winchester may apply to the Chief of Police for a variance
from one or more of the provisions of this Ordinance, which are more stringent than the Connecticut
Department of Environmental Protection regulations for the control of noise, provided the applicant
supplies all of the following information to the Chief of Police at least twenty (20) days before the
start of such activity:
a. The location and nature of the activity;
b. The time period and hours of operation of such activity;
c. The nature and intensity of the noise that will be generated; and
Section 195 — Noise Ordinance -- Revised August 2021
Page 5 of 6

d. Any other information required by the Chief of Police.
. No variance from this Ordinance shall be issued unless it has been demonstrated that:
a. The proposed activity will not violate any provisions of the Connecticut Department of
Environmental Protection regulations;
b. The noise levels generated by the proposed activity will not constitute a danger to the public
health; and
c. Compliance with the regulations constitutes an unreasonable hardship on the applicant.
. The application for variance shall be reviewed and either approved or rejected at least five (5) days
before the proposed start of such activity. The approval or rejection shall be in writing and shall state
the condition of approval, if any, or the reasons for rejection.
. A variance granted to a business shall be considered void in the event that business changes the size,
quantity, location, or use of the noise-emitting equipment or machinery that they possess, or in the
event that the business changes their location or hours of operation.
. In the event a variance is voided, nothing in this ordinance shail prohibit a resident or business owner
from applying for a new variance. In the event a variance application is denied, the owner of the
property in question may not apply for a new variance for that property for ninety (90) days following
the date of denial and, in the new variance application, must detail the substantive changes that have
been made to reduce noise levels at that property since the previous application was submitted.
Section 195 — Noise Ordinance — Revised August 2021
Page 6 of 6

Trumbull
Bethlehem
Westbrook
Norwalk
Seymour
East Lyme
Enfield
New London
Waterford
Outdoor Dining Regulation
Law Tribune Article
Exhibit B

11/22/2008 02:06 FAX 2033318514 CASSIDY, HAZZA&LEBLANG Goo2z
. Town of Trumbull Noise Control Ordinance
ARTICLE 111. NOISE
Sec, 13-46. Short Title.
’ This article may be clted as the town nolse control ordinance.
Sec, 13-47, Purpose.
Pursuant to the general authority of Connecticut General Statutes 7-148, and the
specific authority of Connecticut General Statute 22a-73(c), It Is hereby resolved that, to
preserve and promote the health, safety and general welfare of the citizens of the Town
of Trumbull (the “Town’), it Is in the common interest to enact reasonable regulations
pertaining to the reduction, control and or prevention of nolse so as top promote a
general environment free from excessive nolse and vibration.
Sec, 13-48. Definitions.
e I initions shall appl 2 enfore of this
article. \
jent nolse or background nolse: Shall mean noise of a measurable Intensity,
which exist at a point as a result of a combination of many distant sources Individually
indistinguishable, In statistical terms, it Is the level, which exceeds ninety (90) per cent
of the time (L90) In which the measurement Is taken.
Commercial zone: Shall mean all Commerdal zones and business zones, (B-C) as
defined In the zoning regulations of the Town. Any use, which Is non-conforming, shall
be deemed to be In the zone which corresponds to the actual use.
Chief of Police: Shall mean the Chief of Police of the Town of Trumbull or a duly
authorized officer subject to his orders,
Construction: Shall mean any site preparation, assembly, erection, substantial
repair, alteration, or similar action, but excluding demoiition, for or of public or private
rights-of-way, structures, utilities, or similar property.
Day: Shall mean the hours between 7:00 a.m. and 9:00 p.m., Monday through
Saturday, and the hours 9:00 a.m, through 9:00 p.m. on Sundays.
Decibel: Shall mean a logarithmic unit of measure used In measuring magnitudes
of sound. The symbol Is dB.
Demolition: Shall mean any dismantling, Intentional destruction or removal of
structures, utilities, public or private right-of-way surfaces or similar property.
Domestic power equipment: Shall mean, but not limited to, power saws, drills,
grinders, lawn and garden tools and other domestic power equipment Intended for use
In residential areas by a homeowner.

11/22/2006 02:06 FAX 2033318514 CASSIDY , HAZZAGLeBLANC Boos
Town of Trumbull Noise Controf Ordinance
Emergency: Shall mean any occurrence or set of circumstances Involving actual
or imminent physical trauma or property damage, which demands Immediate action,
Emergency vehicle: Shall mean any motor vehicle authorized by the Town to
have sound warning devices, such as sirens and bells, which can lawfully be used when
responding to an emergency.
Emergency work: Shall mean work made necessary to restore property to a safe
conditton following an emergency, or work required to protect persons or property from
exposure to Imminent danger.
Impulse noise: Shall mean sound of short duration, usually less than one second,
with an abrupt onset and rapid decay.
Industylal zone: Shall mean all industrial zones (I-L, I-L2, I-13), as defined in the
zoning regulations of the Town. Any use, which is non-conforming, shalt be deemed to
be In the zone which corresponds to the actual use.
Loud amplification device or similar equipment: Shall include, but not limited to,
@ tadlo, television, phonograph, stereo, record player, tape player, cassette player,
compact disc player, loud speaker or sound amplifier which Is operated In such a
manner that it creates noise,
Motor vehicle: Shall be defined as per Section 14-1(47) of the Connecticut
General Statutes.
Muffler: Shall mean a device for abating sounds such as escaping gases.
Noise: Shall mean any sound, the Intensity of which exceeds the standards set
forth In section 13-50 of this chapter, or, relative to a motor vehicle, plainly audible at a
distance of one hundred (100) feet from the same.
Night: Shall mean the hours between 9:00 p.m, and 7:00 a.m., Sunday evening
through Saturday morning, except that night shall mean the hours between 9:00 p.m.
Saturday and 9:00 a.m. Sunday.
Nolse level: Shall mean the sound pressure level as measured with a sound level
meter using the A-weighted network, The level so read is designated dB(A) or dBA.
Person: Shall mean any individual, firm, partnership, association, syndicate,
company, trust, corporation, municlipailty, agency, or political or administrative
subdivision of the state or other legal entity of any kind.
Premise: Shall mean any building, structure, land, or portion thereof, including all
appurtenances, and shall include yards, lots, courts, Inner yards, and real properties
without bulldings or Improvements, owned or controlled by a person. The emitter’s
premise includes contiguous publicly dedicated street and highway rights-of-way, all
road rights-of-way and water of the state.

11/22/2005 02:06 FAX 2033318514 CASSIDY , MAZZA&LEBLANC oo4
Town of Trumbull Noise Control Ordinance
Ine: Shall mean that real or imaginary line along the ground surface
and its vertical extension which;
(a) Separates real property owned or controlled by any person from
contiguous real property owned or controlled by another person;
and
(b) Separates real property from the public right-of-way.
Public_tight-of-way: Shall mean any street, avenue, boulevard, highway,
sidewalk, alley, park, waterway, railroad, or similar place, which is owned or contralled
by a governmental entity.
Recreational vehicle: Shall mean any Internal combustion engine powered vehicle
which Is being used for recreational purposes,
Residential zone: Shall mean all residential zones, (AAA, AA, A, PRCZ, PAHZ), as:
defined In the zoning regulations of the Town. Any use, which Is non-conforming, shail
be deemed to be In the zone, which corresponds to the actual use,
Sound: Shall mean a transmission of energy through solld, 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 alr, evoke physiological sensations, Including, but
not limited to, an auditory response when impinging on the ear.
Sound level. meter: Shall mean 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 S1.4-
1971 (TypeS2A).
Sound pressure level: Shall mean twenty (20) times the logarithm to the base
ten (10) of the:ratio of the pressure of a sound to the reference pressure of twenty (20)
micronewtones per square meter (20 X 10° Newtons/meter’), and is expressed In
decibels (dB).
Sec. 13-49, Noise level measurements procedures.
Irpo: level_as { e,
following quidelines shall be a te.
(1) All personne! conducting sound measurements shall be trained In the
_ current techniques and principles of sound-measuring equipment and
Instrumentation;
(2) Instruments used to determine sound level measurements shall conform to
the sound level meters, as defined In this article;

11/22/2005 02:06 FAX 2033318514 CASSIDY , HAZZA&LeBLANC
Town of Trumbull Noise Control Ordinance
(3) The general steps listed below shall be followed when preparing to take
sound level measuremenis;
a The instrument manufacturer’s specific Instructions for the
preparation and use of the Instrument shall be followed;
b, The sound level meter shall be calibrated before and after each set
of measurements;
c. When measurements are taken out-of-doors, a wind screen shall be
placed over the microphone of the sound level meter, as per the
manufacturer's instructlons;
d. The sound level meter shall be placed at an angle to the sound
source, as specified by the manufacturer's Instructions, and at least
four (4) feat above the ground. It shall be so placed as not to be
Interfered with by Individuals conducting the measurements;
e. Measurements shall be taken at a point that ls located about one
foot beyond the boundary of the emitter’s premise within the
receptors premise. The emitter’s premise includes his/her individual
unit of land or group of contiguous parcels under the same
ownership as Indicated by public land records.
Sec. 13-50. Nolse levels.
(a) ‘It shall be unlawful for any person to emit or cause to be emitted any
nolse beyond the boundaries of his/her premise In excess of the noise
levels established in these regulations,
(b) _—Nolse level standards;
1. No person [n @ residential zone shall emit noise beyond the
boundaries of his/her premise exceeding the levels stated herein
and applicable to adjacent residentlal, commercial, or industrial
zones;
Emitter’s zone:
‘eceptor’s Zone: t
Industrial
COMmmMerclall......esscscssereesccssaceseesneaconsen 55 dBA
Residential/Day.......sccsnsscsesseeccasenee 55dBA
Moos

11/22/2005 02:06 FAX 2033318514 CASSIDY , HAZZA&LOBLANC
4.
Town of Trumbull Noise Control Ordinance
Residential/Night.......escssescercessened 45dBA
No person In a commercial zone shall emit nolse beyond the
boundary of his/ her premise exceeding the levels stated herein
and applicable to adjacent residential, commercial or industrial
zones:
Emitter’s Zone:
Commerclat
eceptor’s Zone: Maximum Level:
INCUSETAL, ns esssnsesssesssensneseesseres ssereseene 20 BA
Commerclal vr.ccersocersrvesseeecesecnsennsrseers 62dBA
Residantial/Day......csscss-cscssssenseseceseets S5dBA
Residentlal/Night.....usssssesoereseesseuses 45dBA
No person In an Industrial zone shall emit nolse beyond the
boundary of his/her premise exceeding the levels stated herein
and applicable to adjacent residential, commerclal or Industrial
zones:
Emitter’s Zone:
Industrial
Receptor’s Zone: Maximum Level:
Industrial,..ccssecssesees scanesneensenensees eeneue7 OBA
Commerclal.seesecserors set vonseenreneenereseencees -66dBA
Rasidential/Day...........cssssersserssessoars S5dBA
Residential/Night........ceescscasesseee 45dBA
Any use which Is non-conforming shall be deemed to be In the
zone which corresponds to the actual use.
(c) — High background noise levels and impuise noise:
(Hoos

11/22/2006 02:07 FAX 2033318514
(d)
(e)
3.
CASSIDY , HAZZA&LeBLANC
Town of Trumbull Noise Control Ordinance
In those Individual cases where the background noise levels
caused by sources not subject to these regulations exceed the
standards contained herein, a source shall be considered to cause
excessive noise if the nolse emitted by such source
exceeds the background noise ‘evels by five (5) dBA, provided
that no source subject to the provisions of this chapter shail emit
nolse In excess of eighty (80) dBA at any time, and provided that
this section, does not decrease the
permissible levels of other sections of this chapter.
No person shall cause or allow the emission If Impulse noise In
excess of eighty (80) dB peak sound pressure level during the
nighttime to any residential nolse zone.
No person shall cause or allow the emission if impulse nolse in
excess of one hundred (100) dB peak sound pressure level at any
time to any zone.
Exclusions: These levels shall not apply to nolse emitted by or related to:
1.
2.
3.
5.
6.
7.
Natural phenomena:
The un-amplified human voice;
Any siren, whistle, or bell lawfully used by emergency vehicles or
any other alarm systems used In an emergency situation;
provided however, that burglar alarms on motor vehicles not
terminating within ten (10) minutes or on buildings not
terminating within thirty (30) minutes after being activated shall
be unlawful. Notwithstanding the foregoing, repetitive activation
of any alarm system due to malfunction or lack of proper
maintenance shall not be excluded;
Warning devices required by OSHA or other state or federal safety
regulations;
Farming equipment or farming activities;
Home and commercial generators during pertods of lost power;
Nighttime pubiic road maintenance and line painting;
Exemptions: The following shall be exempt from these regulations,
subject to special conditions as spelled out:
1.
Nolse generated by any construction equipment, which {[s
operated between the hours of 7:00 am. and 6:00 p.m. on
weekdays and Saturdays.
007

11/22/2005 02:07 FAX 2039318614 CASSIDY, HAZZA&LEBLANC
4.
Town of Trumbull Noise Control Ordinance
Nolse created as a result of, or relating to an emergency;
Noise from domestic power equipment such as, but not IImited to,
power saws, sanders, grinders, lawn and garden tools or similar
devices operated between the hours of 7:00 a.m. and 9:00 p.m.,
Monday through Saturday, and between the hours of 9:00 a.m.
and 8:00 p.m. on Sundays, provided that nolse discharge from
exhaust is adequately muffled;
Noise from snow removal equipment, provided equipment Is
maintained in good repair and exhaust is adequately muffled;
Notse from demolition work conducted between the hours of 7:00
am. and 6:00 p.m., provided that when considered emergency
work, demolition shall be exempted at all times from the noise
levels set in this regulation;
Noise created by any alrcraft flight operations that are specifically
preempted by the Federal Aviation Administration;
Nolse created by any religlous or recreational activities which are
permitted by law and for which a lease, license or permit has been
granted by the Town, Including but not limited to outdoor
evangelistic meetings and preaching or parades, sporting events,
concerts and firework displays;
Nolse created by blasting other than that conducted in connection
with construction activitles shail be exempted, provided that the
blasting Is conducted between 8:00 a.m. and 5:00 p.m., local
time, at specific hours previously announced to the Iecal public, or
provided that a permit for such blasting has been obtained from
local authorities;
Nolse created by solid waste and recycling collection between the
hours of 7 a.m, and 6 p.m.
Sec, 13-51. Prohibited nolse activities.
he ing act!
Ibited:
1. Vehicle horns: No person shall at any time sound any horn or other audible
signal device of a motor vehicle, unless It is necessary as a warning to
prevent or avoid a trafftc accident;
2. Advertising: No person shall at anytime use any drum, bel] or other
Instrument or device for purpose of attracting attention to any performance,
shaw or sale, or to the display or advertisement of merchandise;
@ioca

11/22/2005 02:07 FAX 2033318514 CASSIDY , HAZZA&LEBLANC
Town of Trumbulf Noise Control Ordinance
Sec, 13-52. Motor and Recreational vehicle noise.
(a)
(b)
Ail motor and recreational vehicles within the limits of the Town shall be
subject to the noise standards and decibel levels as found in Title 14,
Section 14-80a of the Connecticut General Statutes.
(g009
No motor or recreational vehicles shall emit noise from a loud .
amplification device or similar equipment plainly audible at a distance of
one hundred (100) feet from such vehicles by a person of normal
hearing, or such noise emitted shall not be in excess of the noise levels
specified in this ordinance, except that loud speakers or public address
systems are allowed provided prior to use thereof a permit has been
obtained from the Tewn. :
Sec. 13-53, Inspections,
(a)
®)
{c)
(d)
For the purpose of determining compliance with the provisions of this
article, the chief of pollce or his designated representative Is hereby
authorized to make Inspections of all noise sources and to take
Measurements and make tests, whenever necessary, to determine the
quantity and character of noise. In the event that any person refuses or
restricts entry and free access to any part of a premise, or refuses
inspection, testing or noise measurement of any activity, device, facility,
or process where (nspection is sought, the chief of police or his
designated representative may seek from the appropriate court a
warrant, without Interference, restrictlon or obstruction, at a reasonable
time, for the purpose of inspecting, testing or measuring noise,
It shall.be unlawful for any person to refuse to allow or permit the chlef
of police or his designated representative free access to any premise,
when the chlef of police or his designated representative is-acting In
compliance with a warrant for Inspection and order issued by the
appropriate court.
It shall be unlawful for any person to violate the provisions of any
warrant or court order requiring inspection, testing or measurement of
holse sources.
No person shall hinder, obstruct, delay, resist, prevent in any way,
Interference or attempt to Interfere with any authorized person while In
the performance of his/her dutles under thls article.
Sec, 13-54. Enforcement,
(a)
Any person aggrieved by any act constituting a violation of this article
may complain to the police department who shall enforce this article.

11/22/2005 02:07 FAX 2033318514 CASSIDY, MAZZARLEBLANC
(b)
Town of Trumbull Noise Control Ordinance
The police are also authorized to enforce this. article without any such
complaint.
Sec, 13-55. Penalties,
{a)
Violators may be served with a infraction notice, which shail be known as
a “Noise Ticket”, Payment of the fine prescribed by such Nolse Ticket
within the time specified thereon shall constitute a plea of nolo
contendere and shall save the violator harmless from prasecution. for the
offence sited, Fines. shall be In the amount of $75.00 for the first offence,
and $100.00 for each: subsequent offence,
Sald fine amounts as may be levied may be adjusted without further
municipal action so. as to be in confortnity with. the State of Connecticut,
Superior Court, Mall in Violations and Infractions Schedule,. as. it may be
amended from time to time. Nothing in this ordinance shall prevent the
police department, because of the perceived nature of the offence, from
proceeding not under the terms of this: ordinance, but under the
provisions of Connecticut General Statute 53a-181, $3a-181a, and 53a-
182, as they may be amended from time to time, which sactions relate,
generally to breach of peace; creating a public disturbance, and
disorderly conduct, ect.
oie

11/22/2005 02:08 FAX 2033318514
Sec, 13-56.
(a)
oe
CASSIDY, NAZZA&LEBLANC
Town of Trumbull Noise Control Ordinance
Varlances.
(1)
(2)
@)
(4)
Variances and contracts.
Any Person living or doing business In the town may apply
to the Trumbull Monroe Reglonal Health District for a
variance from one (1) or more of the provisions of this
artide, which are more stringent than the state
Department of Environmental Protectlon regulations for
the control of noise, provided that the applicants supplies
ail of the following Information to the Director of Health:
a. The location and nature of the activity;
b. The time period and the hours of operation of
the activity;
c. The nature and Intensity of the noise that will
be generated; and
d, Any other Information required by the Director
of Heath
No variance from this article shall be Issued unless it has
been demonstrated that:
a. The proposed activity will not violate any
provisions of the state Department of
Environmental Protection regulations;
b, The nolse levels generated by the proposed
activity will not constitute a danger to the public
health; and
c. Complifance with this article constitutes an
unreasonable hardship on the applicant.
The application for the variance shall be reviewed and
elther approved or rejected within fifteen (15) days of the
receipt by the Director of Health. The approval or rejection
shall be In writing and shall state the conditions of
approval of the variance,
Failure to rule on the application In the designated time
shall constitute approval of the variance.
Recourse. Any person aggrieved by the decision of the Director of Health
with the respect to any variance may appeal same to the Zoning Board of
Appeals within a perlod of ten (10) days of receipt of the Health Director's
decision.
10
(jo11

L1/22/2005 02:08 BAX 2039318814 CASSIDY, NAZZARLEBLANG fjo12
Town of Trumbull Noise Control Ordinance
(c) Contracts. Any written agreement, purchase order or contract whereby the
town is committed to an expenditure of funds in return for work, labor,
services, supplies, equipment, materials or any combination thereof shall not
be entered into unless such agreement, purchase order or Instrument
contains provisions that any equipment or activities which are subject to the
provisions of this article will be operated, constructed, conducted or
manufactured without violating the provisions of this article.
(Res. No, TC11-57, 8-4-86)
Sec, 13-57. Conflicting provisions,
All provisions of the zoning regulations of the town which are more stringent than
those set forth In this article shall remain in force, If, for any reason, any word, clause,
paragraph or section of this article shall be held to make the same unconstitutional, this
article shall hereby be invaitdated and the remainder of this article shall continue in
effect. Any provision herein which is In conflict with the state statutes or the public
heaith code of this state are hereby repealed, it being understood that such statutes and
code shall take precedence over this article.
(Res, No. TCL1-57, 8-4-86)
uw

TOWN OF BETHLEHEM
TOWN MEETING
March 33, 2021
NOISE ORDINANCE
§135-1 Purpose.
The people of the Town of Bethlehem should be free of unwanted, excessive noise and vibration
that jeopardize the public health and peace. This Ordinance is to protect, preserve, and promote
the public health, safety, welfare, and quality of life pursuant to General Statutes §22a-73, §7-
148(c)(7)(E), and §7-148(c)(7)(E) (viii) and (xi).
§135-2 Noise Level Limits.
A. It shall be unlawful for any person to emit or cause to be emitted any noise beyond
the boundaries of his/her premises where in excess of 55 dBA at the receptor’s site between
the hours of 7:00 AM and 10:00 PM.
B. 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 45 dBA at the receptor’s site between the
hours of 10:00 PM and 7:00 AM.
C. No sound-amplifying devices on or within motor vehicles shall emit noise in excess
of the noise levels as specified in this Chapter.
§135-3 Noise Level Measurement.
For the purpose of determining noise levels as set forth in this Chapter, the following guidelines
shall apply: .
A. _ All personnel conducting sound measurements shall be trained in the current
techniques and principles of sound-measuring equipment and instrumentation.
B. Instruments used to determine sound-level measurements shall conform to the
performance any performance standards required by the Department of Energy and
Environmental Protection.
C. The general steps listed in §135-5 “Instrumentation” shall be followed when
preparing to take sound level measurements.
§135-5 Instrumentation.

RECEIVED
Town of Bethlehem
Selectmen's Office MAR 09 2021
36 Main Street South * PO Box 160 CT DEPT OF “Nanay &
Bethlehem, CT 06751-0160 POMMSSIONEES ee
(203)266-7510 * fax (203)266-7670
Commissioner Katie Dykes
CT DEEP
79 Elm St
Hartford CT 06106
March 3, 2021
Re: Town of Bethlehem
Dear Commissioner Dykes,
Enclosed please find a noise ordinance to be adepted by the Town of Bethlehem subject to your
approval.
This ordinance will not become effective until your approval ls granted In accordance with Section 22a-
73(c) and paragraph 135-12 of the Ordinance.
An expedited review and approval will be greatly appreciated.
if your office has any questions or comments please feel free to contact me at 203-509-7651 or
lassard@bethiehamct.org.
Thank you for your attention in this matter.
Very Truly Yours,
First Selectman
Enc.

J. Noise generated by any religious or recreational activities permitted by law,
including but not limited to outdoor evangelistic activity, preaching, parades, sporting events,
concerts, and fireworks displays.
K. Noise generated by engine/motor powered lawn care or yard maintenance
equipment shall be exempted between the hours of 7:00 AM and 9:00 PM, provided that noise
discharged from exhausts is adequately muffled to prevent any explosive noises therefrom.
L. Noise from demolition work conducted between 8:00 AM and 6:00 PM, provided
that when considered emergency work, demolition shall be exempted at all times during such
emergency work.
M. Noise generated by construction equipment which is operated between the hours of
7:00 AM and 6:00 PM used for projects duly permitted, if applicable by the appropriate Town
board(s) or commission(s); or noise generated by construction equipment used on Town
infrastructure projects.
N. Noise generated by snow removal equipment, provided equipment is maintained in
good repair and exhaust is adequately muffled.
§135-7 Enforcement and Inspection.
A. The Town, through its Board of Selectmen and pursuant to General Statutes §22a-
73(b)(2), shall designate a Noise Control Officer. Said Officer shall be knowledgeable in the
calibration and use of the noise measuring instrumentation. The Noise Control Officer shall
provide a written report of each documented violation of this Chapter to the Bethlehem Resident
State Trooper. Such report shall include the date and time of offense, noise level reading, location
of offense, and party allegedly in violation of this Chapter. It shall be in the. discretion of the
Resident State Trooper whether to issue a warning or citation to anyone in violation of this Chapter.
B. The Noise Control Officer and Resident State Trooper are authorized to
make inspections of all noise sources and take measurements and make tests, whenever necessary,
to determine the quality and character of the noise. If any party refuses or restricts entry to the
premises in question, or refuses testing and inspection, the Resident State Trooper may seek a
search warrant from a court of competent jurisdiction.
C. No person shall hinder, obstruct, delay, or interfere with the enforcement of this Chapter.
§135-8 Penalties.
Any party who violates the provisions of this Chapter shall be fined not more than $100 per
violation, or the maximum fine allowed for such violations under Connecticut law, whichever is
less. Each act of violation and each day a violation occurs or continues constitutes a separate
offense.

The instrument manufacturer's specific instructions for the preparation and use of the instrument
shall be followed.
The sound-level meter shall be calibrated before and after each set of measurements.
When measurements are taken out of doors, a wind screen shall be placed over the microphone of
the sound-level meter as per the manufacturer's instructions.
The sound-level meter shall be placed at an angle to the sound source as specified by the
manufacturer's instructions, and be at least four (4) feet. above the ground.
The meter shall be placed as to not be interfered with by individuals conducting the measurements.
Measurements shall be taken at a point that is located about one (1) foot beyond the boundary of
the emitter's premises and within the receptor's premises. The emitter’s premises include his/her
individual unit of land, or ground of contiguous parcels under the same ownership as indicated by
public land records.
§135-6 Exemptions.
Notwithstanding the foregoing, the following shall be exempted from the above restrictions.
A. Natural phenomena.
B. Any bell or chime of a school, public clock, or church.
Cc. Any siren, whistle, bell, or similar apparatus of an emergency vehicle, public
emergency service, or alarm system in an emergency situation; provided, however, than any
repetitive activation ofa burglar or similar alarm due to the negligence of the owner, lack of proper
maintenance, or malfunction shall not be exempted.
D. Warning devices required by state, federal, or local workplace safety laws and
regulations. :
E. Farming/agricultural equipment and farming/agricultural activity as defined by
section 1-1 (q) of the Connecticut General Statutes.
F, Lawful discharge of a firearm between the hours of 6:00AM and 9:00PM.
G. Power-generating equipment operated during an emergency or during a power
outage.
H. Cellular telecommunications facilities and their appurtenances, including
transmissions lines.
1. Power generation facilities owned by a public utility:

§135-9 Civil Remedies.
This Chapter may be enforced by injunction, action for abatement, or other appropriate civil
remedy.
§135-10 Definitions.
As used in this Ordinance, the word “person” includes, without limitation, any individual,
corporation, firm, partne|ship or other business entity.
§135-11 Severability.
Should any provision of this Chapter be declared invalid for any reason, such declaration shall not
affect the validity of other provisions of this Chapter as a whole, it being the legislative intent that
the provisions of this Ordinance shall be severable and that the remainder shall be valid.
§135-12 Subject te Approval of Commissioner of Energy and Environmental Protection.
Pursuant to General Statutes §22a-73(c), this ordinance shall not be effective until it has been
approved by the Commissioner of Energy and Environmental Protection.
§135-13 Effective Date.
This ordinance shall take effect fifteen (15) days after publication of a summary of its provisions
pursuant to Connecticut General Statutes, §7-157(b).
Adopted by town meeting on , , 2021.
Published in the _on ; , 2021.
Effective date: A , 2021.
Recorded in the Bethlehem Town Records: Vol. Pg.

Westbrook Code of Ordinances
Chapter 12 NOISE*
*State law references: Authority to prevent disturbing noises, G.S. § 7-148(c)(7)(H)«viil).
Sec. 12-1. Short title.
This chapter shall be known as the town noise control ordinance.
(Ord. of 6-22-81(5), § 1)
Sec. 12-2. Definitions.
The following words, terms and phrases, when used in this chapter, shail have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Ambient noise ot background noise means noise of a measurable intensity which
exists at a point as a result of a combination of many distant sources individually
indistinguishable. In statistical terms, it is the level which is exceeded ninety (90) percent of the
time in which the measurement is taken.
Commercial zone means commercial district, commercial boating, turnpike interchange
commercial district, as defined in the zoning regulations of the town and all uses associated
therewith either permitted as a right or as a special use.
Construction means any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition, for or of public or private rights-of-way,
structures, utilities or similar property.
Construction equipment means any equipment or device operated by fuel or electric
power used in construction or demolition work.
Daytime hours means the hours between 7:00 a.m. and 10:00 p.m., Monday through
Saturday, and the hours of 9:00 a.m. through 10:00 p.m. on Sundays.
Decibe! means logarithmic unit of measure used in measuring magnitudes of sound.
The symbol is dB.
Demolition means any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Domestic power equipment means, but is not limited to, power saws, drills, grinders,
lawn and garden tools and other domestic power equipment intended for use in residential
areas by a homeowner.
Emergency means any occurrence or set of circumsta