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

Durham  
 
 
 
 
 
 
  Code of Ordinances 
 
ARTICLE II.  NOISE 
 
Sec. 11-41.  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 through the reduction, 
control and prevention of noise. 
(Ord. of 4-3-00, § 1) 
 
Sec. 11-42.  Definitions. 
When used in this chapter, the terms below shall have the following meaning: 
ANSI.  The American National Standards Institute or its successor body. Any ANSI 
standard referred to in this ordinance shall be deemed to incorporate further revisions by 
reference.   
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 for commercial use under the zoning 
regulations of the town.   
Chief of police.  The first selectman of the town or his or her designee, provided that, 
should the town establish a town police force, the first selectman shall designate the chief of the 
town's police force to enforce and administer the provisions of this ordinance.   
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.  Any occurrence involving actual or imminent danger to persons or damage 
to property which demands immediate action.   
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.   
Excessive noise  . Any sound, the intensity of which exceeds the standards set forth in 
section 11-45.   
Impulse noise  . Sound of short duration, usually less than one (1) second, with an 
abrupt onset and rapid delay, the level of which is measured with a sound-level meter, which 
shall conform with ANSI S2.7-1986 (R1993).   
Industrial zone.  Those areas designated for industrial use under the zoning regulations 
of the town.   

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 Subdivision (47) 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 (R 
1994).   
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 (R 1994).   
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 administrative 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 receptor's "premises" shall include all publicly 
dedicated street and highway rights-of-way, road rights-of-way and waters of the state lying 
between the property lines of the noise receptor and a noise emitter whose property line would 
abut the noise receptor's but for such street, right-of-way, or 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.   
 
TABLE INSET: 
 
  1/3 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    
1000    
4    
1250    
4    
1600    
4    
2000    
3    
2500    
3    
3150    
3    
4000    
3    
5000    
4    
6300    
4    
8000    
5    
10000    
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 designated for residential use in the zoning regulations 
of the town.   
Sound  . A transmission of energy through solid, liquid or gaseous media in the form of 
vibrations which constitute alteration in pressure or position of 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 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 (R 1993).   
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 (R 1994).   
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 twenty (20) times the logarithm to the base ten of 
the ratio of the sound pressure in question to the standard reference pressure of twenty (20) 
micro-Pascals, expressed in decibel (dB) units.   
 
Sec. 11-43.  Noise measurement procedures. 
For the purpose of determining noise levels as set forth in this chapter, the following 
guidelines shall be applicable: 

(1)   A person conducting sound measurements shall have been trained in the techniques and 
principles of sound measuring equipment and instrumentation. 
(2)   Instruments used to determine sound-level measurement shall be sound-level meters and 
analyzers as defined by this chapter. 
(3)   The following steps should be taken when preparing to take sound-level measurements. 
(a)   The instrument manufacturers specific instructions for the preparation and use of the 
instrument shall be followed. 
(b)   Measurements to determine compliance with section 11-45 shall be taken at a point that is 
located more or less one (1) foot beyond the property line of the noise emitters premises and 
within the noise receptors premises. 
(Ord. of 4-3-00, § 3) 
 
Sec. 11-44.  Classification of noise zones. 
Noise zones within the town 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 section is enacted shall be classified for noise emission purposes according to the 
zone appropriate for the nonconforming use. 
TABLE INSET: 
 
  Zone    
Use    
Current Zoning*    
A    
Residential    
MR, FR    
B    
Commercial    
C-1, C-2    
C    
Industrial    
HI, LI, DDD    
Note:  *Based on the zoning regulations and zoning map of the Town of Durham.   
(Ord. of 4-3-00, § 4) 
 
Sec. 11-45.  Noise zone standards. 
(a)   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: 
TABLE INSET: 
 
      
Zone Class of Noise Receptor    
EMITTER NOISE ZONE    
A-Day (dBA)    
A-Night (dBA)    
B (dBA)    C (dBA)    
Class A    
55    
45    
55    
62    
Class B    
55    
45    
62    
62    
Class C    
61    
51    
66    
70    
(b)   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: 
 

TABLE INSET: 
 
  Octave Band 
Center    
Octave Band Sound-Pressure Levels (dB) Emitted to Class A Receptor 
by Emitters in the Following Zones:    
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    
1000    
52    
45    
45    
2000    
47    
39    
39    
4000    
43    
34    
34    
8000    
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: 
TABLE INSET: 
 
  Octave Band 
Center    
Octave Band Sound-Pressure Levels (dB) Emitted to Class A Receptor 
by Emitters in the Following Zones:    
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    
1000    
41    
35    
35    
2000    
36    
30    
30    
4000    
32    
25    
25    
8000    
32    
25    
25    
(3)   Class B or Class C Receptor, at anytime. 
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 or Class C receptor noise zone at anytime, in excess of 
the following noise levels: 

TABLE INSET: 
 
  Octave Band 
Center    
Octave Band Sound-Pressure Levels (dB) Emitted to Class B or Class C 
Receptor by Emitters in the Following Zones:    
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    
1000    
57    
52    
45    
2000    
52    
46    
39    
4000    
48    
41    
34    
8000    
45    
39    
32    
(c)   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. 
(d)   Prominent discrete tone noise standards. 
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 or more audible prominent discrete 
tones, in excess of the following noise levels: 
TABLE INSET: 
 
  EMITTER NOISE 
ZONE    
Receptor C 
(dBA)    
Noise B 
(dBA)    
Zone Class A-Day 
(dBA)    
A-Night 
(dBA)    
Class A    
57    
50    
50    
40    
Class B    
57    
57    
50    
40    
Class C    
65    
61    
56    
46    
(Ord. of 4-3-00, § 5) 
 
 
 

 
Sec. 11-46.  Delivery trucks. 
In addition to the noise prohibitions in Section 11-45, no person shall unload or cause to 
be unloaded delivery trucks within two hundred (200) feet of a residential district between one 
(1) hour after sundown and 7:00 a.m. 
(Ord. of 4-3-00, § 6) 
 
Sec. 11-47.  Exceptions. 
(a)   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)   Emergency work or sounds from emergency vehicles responding to an emergency. 
(b)   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 Section 11-5 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, provided that noise discharged from exhausts is 
adequately muffled to prevent food and/or explosive noises therefrom. 
(6)   Noise created by blasting other than that conducted in connection 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 ten (10) minutes, when such alarm is attached to a vehicle, or 
thirty (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 assemblies on public space or for election campaign 
activities, during daytime hours only. 
(11)   Snow removal equipment provided the equipment is maintained in good repair so as to 
minimize noise and that noise discharged from exhausts shall be adequately muffled to prevent 
loud and/or explosive noises therefrom. 
(Ord. of 4-3-00, § 7) 

 
Sec. 11-48.  Vehicle noise restrictions. 
The following activities are prohibited: 
(1)   Motor vehicle noise.  All motor vehicles operated within the limits of the town shall be 
subject to the noise standards and decibel levels set forth in the regulations authorized in 
C.G.S. § 14-80a.   
(2)   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 section 11-45.   
(3)   Unregistered recreational vehicle noise.  No person shall create or cause to be created any 
unreasonably loud or disturbing noise due to the operations 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 section 11-45.   
(Ord. of 4-3-00, § 8) 
 
Sec. 11-49.  Violations and penalties. 
Any person in violation of any of the sections of this chapter shall be fined in an amount 
not to exceed one hundred ($100.00) dollars. Each day that such violation continues after the 
time for correction of the violation given in an order shall constitute a separate violation subject 
to a fine not to exceed one hundred ($100.00) per day. 
(Ord. of 4-3-00, § 9) 
 
Sec. 11-50.  Variances. 
(a)   Any person living or doing business in the town may apply to the chief of police for a 
variance from one (1) or more of the provisions of this chapter which are more stringent than the 
state 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 thirty (30) 
days prior to the start of the time period for which the variance is sought: 
(1)   The location and nature of the activity for which the variance is sought. 
(2)   The time period and hours of operation of said activity. 
(3)   The nature and intensity of the noise that will be generated. 
(4)   The reasons for which the variance is requested, including the economic and technical 
justifications. 
(5)   A description of noise control measures to be taken by the applicant to minimize noise and 
the impacts occurring therefrom. 
(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 state department of 
environmental protection noise regulations; 
(2)   The noise levels generated by the proposed activity will not constitute a danger to the 
public health; and 
(3)   Compliance with this ordinance constitutes an unreasonable hardship on the applicant. 
(c)   The application for a variance shall be reviewed and approved or rejected at least seven (7) 
days prior to the start of the period for which the variance is sought. Approval or rejection shall 
be made in writing and shall state the condition(s) of approval, if any, or the reason(s) for 
rejection. The chief of police may attach reasonable conditions to any variance granted 
including, without limitation, the requirement that noise control measures be taken by the 
applicant to minimize noise during the period of the variance, and that the applicant submit 
reports relating to noise and to compliance with any other conditions under which the variance 
was granted. 
(d)   Failure to rule on an application within the designated time shall constitute approval of the 
variance. 

(Ord. of 4-3-00, § 10) 
 
Sec. 11-51.  Conflict with other provisions of law. 
All provisions of the zoning regulations of the town 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 or 
federal law or regulation, this chapter shall not thereby be invalidated, and the remainder of this 
chapter shall continue in effect. 
(Ord. of 4-3-00, § 11) 
 
Sec. 11-52.  Administration. 
(a)   Unless otherwise stated, all notices and fines required or permitted by this ordinance shall 
emanate from the chief of police. Fines shall be paid to the chief of police. 
(b)   Interest shall accrue at the rate of one and one-half (1.5) percent per month on all fines 
outstanding for periods in excess of thirty (30) days. 
(c)   Fines and interest payable under this section shall be deposited into the town's general 
fund. 
(Ord. of 4-3-00, § 12) 
 
Sec. 11-53.  Appeal. 
(a)   The board of selectmen shall serve as an appeals board for fines imposed under this 
section. 
(b)   Whenever a fine is imposed under this section, the person fined, may, within ten (10) days 
from the date of the noise emission appearing on the notice of the fine, appeal by filing a written 
notice of appeal with the first selectmen. The board of selectmen shall begin hearing the appeal 
no later than thirty (30) days from its receipt by the first selectman. The board of selectmen shall 
render a written decision on the appeal within seven (7) days of conclusion of the hearing. The 
filing of an appeal shall stay collection of any fine imposed until such time as a decision is 
rendered on the appeal. 
(c)   The board of selectmen may designate a panel of three (3) persons to serve as an appeal 
board for any fine or fines appealed from under this section 11-53. Any such panel shall follow 
the schedule in subsection (b) for hearing and deciding appeals. 
(Ord. of 4-3-00, § 13) 
 
Sec. 11-54.  Enforcement. 
(a)   The board of selectmen may choose to enforce the provisions of this ordinance by citation 
and hearing as permitted by C.G.S. 7-152(c). The citation hearing procedure will then serve as 
the appeals procedure in lieu of that set forth in section 11-53. 
(b)   The first selectman is authorized to institute civil or criminal proceedings as necessary to 
enforce the provisions of this section. 
(Ord. of 4-3-00, § 14) 
 
 
 
 
 
 
 

Trumbull  
 
 
 
 
 
        Code of Ordinances 
 
 
ARTICLE III.  NOISE* 
 
__________ 
*State law references:  Municipal authority to enforce noise control ordinances, G.S. § 22a-
73.   
 
__________ 
 
Sec. 13-46.  Short title. 
This article may be cited as the "Town Noise Control Ordinance". 
(Res. No. TC11-57, 8-4-86; Res. No. TC20-157, 11-9-04) 
 
Sec. 13-47.  Purpose. 
Pursuant to the general authority of G.S. § 7-148, and the specific authority of G.S. § 
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 noise so as to 
promote a general environment free from excessive noise and vibration. 
(Res. No. TC11-57, 8-4-86; Res. No. TC20-157, 11-9-04) 
 
Sec. 13-48.  Definitions. 
The following definitions shall apply in the interpretation and enforcement of this article. 
Ambient noise  or  background noise  shall mean 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 exceeds ninety (90) per cent of the 
time (L90) in which the measurement is taken.   
Chief of Police  shall mean the Chief of Police of the Town of Trumbull or a duly 
authorized officer subject to his orders.   
Commercial zone  shall mean all commercial zones and business zones, (B-C) as 
defined in the zoning regulations of the Town. Any use, which is nonconforming, shall be 
deemed to be in the zone which corresponds to the actual use.   
Construction  shall mean 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.   
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.   
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 
condition 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 (1) second, 
with an abrupt onset and rapid decay.   
Industrial zone  shall mean all industrial zones (I-L, I-L2, I-L3), as defined in the zoning 
regulations of the Town. Any use, which is nonconforming, shall 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, a radio, 
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 G.S. § 14-1(47).   
Muffler  shall mean a device for abating sounds such as escaping gases.   
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.   
Noise  shall mean any sound, the intensity of which exceeds the standards set forth in 
section 13-50 of this chapter.   
Noise 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, municipality, agency, or political or administrative subdivision of the state or 
other legal entity of any kind.   
Premises  shall mean 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, all road rights-of-way and 
waters of the state.   
Property line  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 right-of-way  shall mean any street, avenue, boulevard, highway, sidewalk, alley, 
park, waterway, railroad, or similar place, which is owned or controlled 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 nonconforming, shall be 
deemed to be in the zone, which corresponds to the actual use.   
Sound  shall mean 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  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 (Type S2A), or latest revision.   

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 × 10  6  Newtons/meter  2  ), and is expressed in decibels (dB).   
(Res. No. TC11-57, 8-4-86; Res. No. TC17-3, 1-5-98; Res. No. TC20-157, 11-9-04) 
Cross references:  Definitions and rules of construction generally, § 1-2.   
 
Sec. 13-49.  Noise level measurement procedures. 
For the purpose of determining noise level as set forth in this article, the following 
guidelines shall be applicable. 
(1)   All personnel 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. 
(3)   The general steps listed below shall be followed when preparing to take sound level 
measurements: 
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 windscreen shall be placed over the 
microphone of the sound level meter, as per the manufacturer's instructions; 
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) feet 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 is located about one (1) foot beyond the 
boundary of the emitter's premises within the receptor's premises. 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. 
(Res. No. TC11-57, 8-4-86; Res. No. TC20-157, 11-9-04) 
Cross references:  Definitions and rules of construction generally, § 1-2.   
 
Sec. 13-50.  Noise levels. 
(a)   [Unlawful.]  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 these 
regulations.   
(b)   Noise level standards.     
(1)   No person in a residential zone shall emit noise beyond the boundaries of his/her premises 
exceeding the levels stated herein and applicable to adjacent residential, commercial, or 
industrial zones: 
Emitter's zone:  Residential   
TABLE INSET: 
 
  Receptor's zone:    
Maximum level:    
Industrial    
62dBA    
Commercial    
55dBA    
Residential/day    
55dBA    
Residential/night    
45dBA    

(2)   No person in a commercial zone shall emit noise beyond the boundary of his/her premises 
exceeding the levels stated herein and applicable to adjacent residential, commercial or 
industrial zones: 
Emitter's zone:  Commercial   
TABLE INSET: 
 
  Receptor's zone:    
Maximum level:    
Industrial    
62dBA    
Commercial    
62dBA    
Residential/day    
55dBA    
Residential/night    
45dBA    
(3)   No person in an industrial zone shall emit noise beyond the boundary of his/her premises 
exceeding the levels stated herein and applicable to adjacent residential, commercial or 
industrial zones: 
Emitter's zone:  Industrial   
TABLE INSET: 
 
  Receptor's zone:    
Maximum level:    
Industrial    
70dBA    
Commercial    
66dBA    
Residential/day    
55dBA    
Residential/night    
45dBA    
(4)   Any use which is nonconforming shall be deemed to be in the zone which corresponds to 
the actual use. 
(c)   High background noise levels and impulse noise.     
(1)   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 noise emitted by such source exceeds the background noise levels 
by five (5) dBA, provided that no source subject to the provisions of this article shall emit noise 
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 article. 
(2)   No person shall cause or allow the emission of impulse noise in excess of eighty (80) dB 
peak sound pressure level during the nighttime to any residential noise zone. 
(3)   No person shall cause or allow the emission of impulse noise in excess of one hundred 
(100) dB peak sound pressure level at any time to any zone. 
(d)   Exclusions.  These levels shall not apply to noise emitted by or related to:   
(1)   Natural phenomena. 
(2)   The unamplified human voice. 
(3)   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. 
(4)   Warning devices required by OSHA or other state or federal safety regulations. 

(5)   Farming equipment or farming activities. 
(6)   Home and commercial generators during periods of lost power. 
(7)   Nighttime public road maintenance and line painting. 
(8)   Sound created by bells, carillons or chimes associated with specific religious observances. 
(e)   Exemptions.  The following shall be exempt from these regulations, subject to special 
conditions as spelled out:   
(1)   Noise generated by any construction equipment, which is operated between the hours of 
7:00 a.m. and 6:00 p.m. on weekdays and Saturdays. 
(2)   Noise created as a result of, or relating to an emergency. 
(3)   Noise from domestic power equipment such as, but not limited 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 noise discharge from exhaust is adequately muffled. 
(4)   Noise from snow removal equipment, provided equipment is maintained in good repair and 
exhaust is adequately muffled. 
(5)   Noise from demolition work conducted between the hours of 7:00 a.m. 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. 
(6)   Noise created by any aircraft flight operations that are specifically preempted by the 
Federal Aviation Administration. 
(7)   Noise created by any religious 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. 
(8)   Noise created by blasting other than that conducted in connection with construction 
activities shall 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 local public, or provided that a 
permit for such blasting has been obtained from local authorities. 
(9)   Noise created by solid waste and recycling collection between the hours of 7:00 a.m. and 
6:00 p.m. 
(Res. No. TC11-57, 8-4-86; Res. No. TC20-157, 11-9-04) 
 
Sec. 13-51.  Prohibited noise activities. 
The following activities are prohibited: 
(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 traffic accident.   
(2)   Advertising.  No person shall at anytime use any drum, bell or other instrument or device 
for purpose of attracting attention to any performance, show or sale, or to the display or 
advertisement of merchandise.   
(Res. No. TC11-57, 8-4-86; Res. No. TC19-28, 6-3-02; Res. No. TC20-157, 11-9-04) 
 
Sec. 13-52.  Motor and recreational vehicle noise. 
(a)   All motor and recreational vehicles within the limits of the Town shall be subject to the noise 
standards and decibel levels as found in G.S. Title 14, § 14-80a. 
(b)   No sound amplifying devices on or within motor vehicles shall emit noise in excess of the 
noise levels as specified in subsection 13-50(b). 
(Res. No. TC11-57, 8-4-86; Res. No. TC20-157, 11-9-04) 
Cross references:  Motor vehicles and traffic, Ch. 12.   
 

 
Sec. 13-53.  Inspections. 
(a)   For the purpose of determining compliance with the provisions of this article, the Chief of 
Police 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 premises, or refuses inspection, testing or noise measurement of any 
activity, device, facility, or process where inspection is sought, the Chief of Police or his 
designated representative may seek from the appropriate court a warrant, without interference, 
restriction or obstruction, at a reasonable time, for the purpose of inspecting, testing or 
measuring noise. 
(b)   It shall be unlawful for any person to refuse to allow or permit the Chief of Police or his 
designated representative free access to any premises, when the Chief of Police or his 
designated representative is acting in compliance with a warrant for inspection and order issued 
by the appropriate court. 
(c)   It shall be unlawful for any person to violate the provisions of any warrant or court order 
requiring inspection, testing or measurement of noise sources. 
(d)   No person shall hinder, obstruct, delay, resist, prevent in any way, interfere or attempt to 
interfere with any authorized person while in the performance of his/her duties under this article. 
(Res. No. TC11-57, 8-4-86; Res. No. TC20-157, 11-9-04) 
Cross references:  Motor vehicles and traffic, Ch. 12.   
 
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. 
(b)   The police are also authorized to enforce this article without any such complaint. 
(Res. No. TC11-57, 8-4-86; Res. No. TC20-157, 11-9-04) 
 
Sec. 13-55.  Penalties. 
(a)   Violators may be served with an infraction notice, which shall be known as a "Noise Ticket". 
Payment of the fine prescribed by such Noise Ticket within the time specified thereon shall 
constitute a plea of nolo contendere and shall save the violator harmless from prosecution for 
the offence cited. Fines shall be in the amount of seventy-five dollars ($75.00) for the first 
offence, and one hundred dollars ($100.00) for each subsequent offence. 
(b)   Said fine amounts as may be levied may be adjusted without further municipal action so as 
to be in conformity with the State of Connecticut, Superior Court, Mail in Violations and 
Infractions Schedule, as it may be amended from time to time. Nothing in this article shall 
prevent the Police Department, because of the perceived nature of the offence, from proceeding 
not under the terms of this article, but under the provisions of G.S. §§ 53a-181, 53a-181a, 53a-
182, and 53l-181, as they may be amended from time to time, which sections relate, generally 
to breach of peace, creating a public disturbance, and disorderly conduct, etc. 
(Res. No. TC11-57, 8-4-86; Res. No. TC13-100, 10-7-91; Res. No. TC19-26, 6-3-02; Res. No. 
TC20-157, 11-9-04) 
 
Sec. 13-56.  Variances and contracts. 
(a)   Variances.     
(1)   Any person living or doing business in the Town may apply to the Trumbull Monroe 
Regional Health District for a variance from one (1) or more of the provisions of this article, 
which are more stringent than the State Department of Environmental Protection regulations for 

the control of noise, provided that the applicant supplies all 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 Health. 
(2)   No variance from this article shall be issued unless it has been demonstrated that: 
a.   The proposed activity will not violate any provisions for the State 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 this article constitutes an unreasonable hardship on the applicant. 
(3)   The application for the variance shall be reviewed and either 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. 
(4)   Failure to rule on the application in the designated time shall constitute approval of the 
variance. 
(b)   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 period of ten (10) 
days of receipt of the Health Director's decision.   
(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; Res. No. TC19-28, 6-3-02; Res. No. TC20-157, 11-9-04) 
 
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 
invalidated and the remainder of this article shall continue in effect. Any provision herein which 
is in conflict with the state statutes or the public health code of this state are hereby repealed, it 
being understood that such statutes and code shall take precedence over this article. 
(Res. No. TC11-57, 8-4-86; Res. No. TC20-157, 11-9-04) 
 
 
 
 
 
 
 
 
 
 
 
 

Westbrook  
 
 
 
 
 
           Code of Ordinances  
 
Chapter 12  NOISE* 
 
__________ 
*State law references:  Authority to prevent disturbing noises, G.S. § 7-148(c)(7)(H)(viii).   
 
__________ 
 
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, shall have the 
meanings ascribed to them in this section, except where the context clearly indicates a different 
meaning: 
Ambient noise  or  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.   
Decibel  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 circumstances involving actual or imminent 
physical trauma or property damage which demands immediate action.   
Emergency vehicle  means 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  means 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 danger.   
Impulse noise  means sound of short duration, usually less than one (1) second, with an 
abrupt onset and rapid decay.   

Industrial zone  means industrial district as defined by the zoning regulations of the 
town.   
Motor vehicle  means that term as defined in section 14-1(26) of the General Statutes.   
Muffler  means a device for abating sounds such as escaping gases.   
Nighttime hours  means the hours between 10:00 p.m. and 7:00 a.m., Sunday evening 
through Saturday morning, except that night shall mean the hours between 10:00 p.m. Saturday 
and 9:00 a.m. Sunday.   
Noise  means any sound, the intensity of which exceeds the standards set forth in 
section 12-5(b).   
Noise level  means the sound pressure level as measured with a sound level meter 
using the A-weighing network. The level so read is designated dB(A) or dBA.   
Premises  means 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, all road rights-of-way and 
waters of the state.   
Property line  means 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.   
Public right-of-way  means any street, avenue, boulevard, highway, sidewalk, alley, park, 
waterway, railroad or similar place which is owned or controlled by a governmental entity.   
Recreational vehicle  means any internal combustion engine-powered vehicle which is 
being used for recreational purposes.   
Residential zone  means all residential districts, R.R., L.R., M.L.R., M.H.R., H.R. and 
commercial where used for residential purposes, as defined in the zoning regulations of the 
town and all uses associated therewith either permitted as a right or as a special use.   
Sound  means 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  means 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 Sl. 4--1971 (Type S2A).   
Sound pressure level  means 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) micronewtons per 
square meter (20 × 10  -6  Newtons/meter  2  ), and is expressed in decibels (dB).   
(Ord. of 6-22-81(5), § 3) 
Cross references:  Definitions and rules of construction generally, § 1-2.   
 
Sec. 12-3.  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 or safety or welfare or 
degrade the quality of life. This chapter is enacted to protect, preserve and promote the health, 
safety, welfare and quality of life for the citizens of the town t