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

PHONE: 860-442-0553
FIFTEEN ROPE FERRY ROAD
www.waterfordct.org
WATERFORD, CT 06385-2886
AGENDA
PUBLIC HEALTH, RECREATION & ENVIRONMENT STANDING COMMITTEE OF
THE RTM
Special Meeting
Thursday, June 30, 2022
4:00 P.M. - Waterford Town Hall
Louise Appleby Room
1. Call to Order =
nO
2. Pledge of Allegiance ail
3. Roll Call & =
4. Public Comment ©
5. To consider and act upon the minutes of the February 22, 2022 meeting.
6. Consideration and possible action on item referred to committee:
A. Review of Noise Ordinance, Noise Control — Chapter 9.06, RTC 10/04/21
Presentation/Review of information requested at previous meeting from Staff & Legal.
7. Adjournment

FIFTEEN ROPE.FERRY ROAD
PHONE: 860-442-0553
WATERFORD, CT 06385-2886
www.waterfordet.org
Lad
=.
pt
“tt
. rm
MINUTES. Lak nes
PUBLIC HEALTH & RECREATION & ENVIRONMENT STANDING COMMITTEE OF THE RTM oi
Special Meeting |
Waterford Tow Hall — Louise Appleby Room =
February 22, 2022 TM»
[--)
Public Health Recreation & Environment Committee Chair Michae{ Bono called the February, 22, 2022
Special Meeting to order at 5:34 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENT: Mike Bana, Mary Childs, Nick Gauthier, Ryan Healy, Jennifer Bracciale,
ABSENT: None
EX-OFFICIO MEMBERS PRESENT: RTM Member Susan Driscoll,
Member Michael Racchetti.
ALSO PRESENT: Town Clerk David L. Campa; Interim Police Chief Marc Balestracci.
RTM Member Cheryl Larder, RTM
MOTION by Bracciale, seconded by Ryan to end'the meeting by 6:30 P.M,
VOTING IN FAVOR: Unartimous
ITEM 4 — March 25, 2021 Meeting minutes,
MOTION by Gauthier, seconded by Bracclale, to approve the March 25, 2021 Meeting minutes.
VOTING IN FAVOR: Gauthier, Bano, Healy, Bracciale.
VOTING AGAINST: None
ABSTAINED: Childs
MOTION PASSES: 4-0-1
CALL ITEM 5A ~ Review of Noise Ordinance, Noise Control — Chapter 9.06, RTC 10/04/21
interiny Chief Balestracci provided some background as to-why the previous chief recormmerded that
this be reviewed. He stated that the States Attorney’s Office is unwilling to prosecute based on ‘our
current ordinance, due mostly to the codified decibel levels. This puts the Waterford Police Dept. in a
difficult spot as far as fining or prosecuting. He explained how-a noise complaint Is generally responded
to and noted that after one visit by the police, the situation is usually resolved. The Town is not looking
to fine. or arrest, but for compliance, A copy of the State Statute covering noise was preserited, (See
Attachment).
Lengthy. Discussion Ensued,
The committee discussed what would be needed to go farther, such as.ordinances from other towns, Do
we need input from Planning & Zoning and how this-affect commercial and industrial zones? Is there

requirements for sound mitigation? What is “sustained noise?” It was noted that when the committee
discusses levels it is referring to decibel levels. It was briefly discussed how and when to use the services
of the town attorney.
The Committee has developed the following list of goals to be addressed by town departments to guide
further consideration of ordinance review.
Legal
e Keep any language in revision plain so that it is easily understood
« Define “Sustained”
e Define “Reasonable”
e What is a reasonable “time of day”
e Ensure continuity of language (eg.- use of the word tevel and dBA meaning the same thing)
« Language to ensure/protect lawful activities protected by state statute
¢ Develop a progressive discipline approach to enforcement while ensuring Police digrassion
« Look at other town’s noise ordinance examples that implement the above.
Town Clerk
* Historical ordinance revision tracking
e Last known Noise Ordinance revision date 1993 do we have a copy of pre-’93 ordinance and any
minutes of the committee meetings in the development of the previous revision
Planning
« Review the towns Zoning Map
e Potential issues where there is an intersection of residential zones and commercial/industrial
zanes
¢ Special permit exemptions (eg.- private party, wedding event in a residential zone)
MOTION by Gauthier, seconded by Bracciale, to adjourn at 6:29 P.M..
VOTING IN FAVOR: Unanimous
Respectfully Submitted,
Mike Bono
Chair

Sec. 533a-181a. Creating a public disturbance: Infraction. (a) A person is guilty of
creating a public disturbance when, with intent to cause inconvenience, annoyance or
alarm, or recklessly cteating a risk thereof, he (1) engages in fighting or in violent,
tumultuous or threatening behavior; or (2) annoys or interferes with another person by
offensive conduct; or G) mal
(b) Creating a public disturbance isan infraction. (Fine amount: $10
Sec, 53a-182,. Disorderly conduct: Class C misdemeanor. (a) A person is guilty of
disorderly conduct when, with intent to cause inconvenience, annoyance ot alarm, or
recklessly creating a risk thereof, such person: (1) Engages in fighting or in violent,
tumultuous or threatening behavior; or (2) by offensive or disorderly conduct, annoys
or interferes with another person; or (3) makes unreasonable noise; or (4) without lawful
authority, disturbs any lawful assembly or meeting of persons; or (5) obstructs vehicular
or pedestrian traffic; or (6) congregates. with other persons in a public place and refuses
to comply with a reasonable official request or order to disperse; or (7) commits simple
trespass, as provided in section 53a~110a, and observes, in other than a casual or cursory
manner, another person (A) without the knowledge or consent of such other person, (B)
while such other person is inside a dwelling, as defined in section 53a-100, and not in
plain view, and (C) under circumstances where such other person has a reasonable
expectation of privacy,
(b) Disorderly conduct is a class C misdemeanor. (Summons or physical arrest)