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City of Meriden, CT
Cit of Meriden, CT aturda, June 11, 2016
Chapter 141. Noie [HITORY: Adopted the Council of the Cit of Meriden 10-18-1999. Amendment noted where applicale.]
GNRAL RFRNC Alarm — ee Ch. 60. Animal — ee Ch. 65. Peace and good order — ee Ch. 153. Zoning — ee Ch. 213.
§ 141-1. Purpoe. It i recognized that people have a right to and hould e enured an environment free from exceive ound and viration that ma jeopardize their health, afet or welfare or degrade the qualit of their live. Thi chapter i enacted to protect, preerve and promote the health, afet, welfare and qualit of life for the citizen of the Cit of Meriden through the reduction, control and prevention of noie.
§ 141-2. De nition. When ued in thi chapter, the term elow hall have the following meaning: AMINT NOI or ACKGROUND NOI Noie of a meaurale intenit which exit at a point a a reult of a comination of man ditant ource individuall inditinguihale. CHIF OF POLIC The Chief of Police of the Cit of Meriden or a dul authorized o cer uject to hi/her order. COMMRCIAL ZON Thoe area deignated a commercial ditrict in Chapter 213, Zoning, of the Cit Code.[1] CONTRUCTION The aeml, erection, utantial repair, alteration, demolition or ite preparation for or of pulic or private right-of-wa, uilding or other tructure, utilitie or propert. CONTRUCTION QUIPMNT An equipment or device operated fuel or electric power ued on contruction or demolition. CONTINUOU NOI Ongoing noie, the intenit of which remain at a meaurale level (which ma var) without interruption over an inde nite period or a peci ed period of time. DAYTIM HOUR The hour etween 7:00 a.m. and 9:00 p.m. Monda through aturda and the hour etween 9:00 a.m. and 9:00 p.m. on unda. DCIL A unit of meaure of the ound level, the mol for which i "d." DMOLITION http://ecode360.com/print/ME0737?guid=13485867&children=true
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DMOLITION An dimantling, intentional detruction or removal of tructure, utilitie, pulic or private right-of-wa urface or imilar propert. DOMTIC POWR QUIPMNT quipment including, ut not limited to, power aw, drill, grinder, lawn and garden tool and equipment and other power equipment intended for ue in a reidential area a homeowner. MRGNCY An occurrence or et of circumtance involving actual or imminent phical trauma or propert damage which demand immediate action. MRGNCY VHICL An motor vehicle authorized an local authorit to have ound warning device, uch a iren and ell, which can lawfull e ued when reponding to an emergenc. MRGNCY WORK Work made necear to retore propert to a afe condition following an emergenc or work required to protect peron or propert from expoure to imminent change. XCIV NOI An ound, the intenit of which exceed the tandard et forth in § 141-5. IMPUL NOI ound of hort duration, uuall le than one econd, with an arupt onet and rapid deca, the level of which i meaured with a ound-level meter, which hall conform to ANI 127-1986 (R1993). INDUTRIAL ZON Thoe area deignated a indutrial ditrict in Chapter 213, Zoning, of the Cit Code.[2] INTRUION ALARM A device with an audile ignal and which, when activated, indicate an intruion an unauthorized peron. LGAL HOLIDAY All legal holida deignated the Cit of Meriden, the tate of Connecticut and the United tate of America. MOTOR VHICL A vehicle a de ned in § 14-1(51) of the Connecticut General tatute, a amended. MUFFLR A device for aating ound uch a ecaping ga. NIGHTTIM HOUR The hour etween 9:00 p.m. and 7:00 a.m. unda evening through aturda morning, etween 9:00 p.m. and 9:00 a.m. aturda evening through unda morning, and etween 9:00 p.m. and 7:00 a.m. Monda through Frida. NOI An ound, the intenit of which exceed the tandard a et forth in thi chapter. NOI LVL The ound-preure level a meaured with a ound-level meter. NOI LVL, A-WIGHTD The ound-preure level a meaured with a ound-level meter uing the A-weighting network. The ound level i deignated "dA." OCTAV AND OUND-PRUR LVL The ound-preure level for the ound contained within the peci ed preferred octave and tated in d, a decried in ANI 81.6-1984 (R 1994). ON-THIRD OCTAV AND OUND-PRUR LVL http://ecode360.com/print/ME0737?guid=13485867&children=true
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ON-THIRD OCTAV AND OUND-PRUR LVL The ound-preure level for the ound contained within the peci ed preferred one-third octave and, tated in d, a decried in ANI 81.6-1984 (R 1994). PAK OUND-PRUR LVL (PL) The aolute maximum value of the intantaneou ound-preure level occurring in a peci ed time period. PRON An individual, rm, partnerhip, aociation, ndicate, compan, trut, corporation, municipalit, agenc or adminitration udiviion of the tate or other legal entit of an kind. PRMI An uilding, tructure, land or portion thereof, including all appurtenance, owned or controlled a peron, and including ard, lot, court, inner ard and real propertie without uilding or improvement, owned or controlled a peron. A noie emitter' premie include contiguou pulicl dedicated treet and highwa right-of-wa, all road right-of-wa and water of the tate. PROPRTY LIN That real or imaginar line along the ground urface and it vertical extenion which eparate real propert owned or controlled an peron from contiguou real propert owned and controlled another peron and which eparate real propert from the pulic right-of-wa. PULIC RIGHT-OF-WAY An treet, avenue, oulevard, highwa, idewalk, alle, park, waterwa, railroad or imilar place which i owned or controlled a government entit, over which the pulic in general ha a right of paage. RCRATIONAL VHICL An nonregitered, internal-comution-engine-powered vehicle which i eing ued for recreational purpoe. RIDNTIAL ZON Thoe area o deignated in the Zoning Regulation of the Cit of Meriden.[3] OUND A tranmiion of energ through olid, liquid or gaeou media in the form of viration which contitute alteration in preure or poition of particle in the medium and which, in air, evoke phiological enation, including ut not limited to an auditor repone when impinging on the ear. OUND ANALYZR A device generall ued in conjunction with a ound-level meter for meauring the ound-preure level of a noie a a function of frequenc, expreed in hertz (Hz) in octave and, one-third octave and or other tandard range. The ound analzer hall conform, at a minimum, to Tpe , Cla II, a peci ed in ANI 8I.111986 (R 1993). OUND-LVL MTR An intrument ued to meaure ound level. A ound-level meter hall conform, at a minimum, to the American National tandard Intitute operation peci cation for ound-level meter I. 4-1983 (R 1994). OUND-PRUR LVL (PL) qual 20 time the logarithm to the ae 10 of the ratio of the ound preure in quetion to the tandard reference preure of 20 micro pacal expreed in deciel (d) unit. OUND-PRUR LVL, A-WIGHTD The A-weighted ound-preure level expreed in deciel (dA), meaured on a ound-level meter. VIRATION An ocillar motion of ound odie of determinitic or random nature decried diplacement, velocit, or acceleration with repect to a given reference point. [1] [2]
ditor' Note: Amended at time of adoption of Code (ee Ch. 1, General Proviion, Art. II). ditor' Note: Amended at time of adoption of Code (ee Ch. 1, General Proviion, Art. II).
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[3]
ditor' Note: ee Ch. 213, Zoning.
§ 141-3. Noie meaurement procedure. For the purpoe of determining noie level a et forth in thi chapter, the following guideline hall e applicale: A.
A peron conducting ound meaurement hall e trained in the current technique and principle of ound meauring equipment and intrumentation.
.
Intrument ued to determine ound-level meaurement hall e ound-level meter and analzer a de ned thi chapter.
C.
The following tep hould e taken when preparing to take ound-level meaurement: (1) The intrument manufacturer' peci c intruction for the preparation and ue of the intrument hall e followed. (2) If uing a ound-level meter, it hall e calirated efore and after each et of meaurement. (3) If uing a ound-level meter, it hall e placed at an angle from the ound ource a peci ed the manufacturer' intruction and at leat four feet aove the ground. It hall e placed at that location o a not to e interfered with individual conducting meaurement. (4) Meaurement to determine compliance with § 141-5 hall e taken at a point that i located more or le than one foot eond the propert line of the noie emitter' premie and within the noie receptor' premie. (5) While meaurement are eing recorded, a continual viual and aural urveillance of extraneou ound ource hall e made to enure that the meaurement are due to the ound eing invetigated. The ound level of extraneou ound ource hall e recorded. (6) The intentional moving or rendering inaccurate or inoperative of an ound-monitoring device or intrument poitioned or ued or for the Cit of Meriden, provided that uch device or the immediate area i clearl laeled to warn of the potential illegalit, hall e a violation of thi chapter.
§ 141-4. Clai cation of noie zone. Noie zone within the Cit of Meriden hall e clai ed a to zoning applicale for the parcel or tract of land and the urrounding parcel or tract. Noie zone peci ed herein hall correpond to the following zoning decription in the Zoning Regulation and Zoning Map of the Cit of Meriden:[2] Zone Actual or Intended Ue Cla A Reidential Cla Commercial Cla C Indutrial NOT: aed on the Zoning Regulation and Zoning Map of the Cit of Meriden. [1] [2]
ditor' Note: Amended at time of adoption of Code (ee Ch. 1, General Proviion, Art. II). ditor' Note: ee Ch. 213, Zoning.
§ 141-5. Noie zone tandard. A.
No peron hall, except a provided in thi chapter, allow or permit the creation, continuance or maintenance of an noie eond the propert line of hi/her premie in exce of the noie level etalihed in thee regulation.
.
It hall e unlawful for an peron to emit or caue to e emitted an noie eond the propert line or oundarie of hi/her premie in exce of the following noie level:
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Receptor Zone Cla
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mitter Noie Zone Cla C Cla Cla A C.
Receptor Zone Cla C (dA) (dA) 70 66 62 62 62 55
A-Da (dA) 61 55 55
A-Night (dA) 51 45 45
Impule noie tandard. (1) Cla A receptor, nighttime. It hall e unlawful for an peron to emit or caue to e emitted an impule noie eond the propert line of hi/her premie to a Cla A receptor noie zone during nighttime hour in exce of 80 d peak ound-preure level. (2) An receptor, at an time. It hall e unlawful for an peron to emit or caue to e emitted an impule noie eond the propert line of hi/her premie to an receptor noie zone at an time in exce of 100 d peak ound-preure level.
D. High ackground noie level and impule noie. (1) In thoe individual cae where the ackground noie level caued ource not uject to thee regulation exceed the tandard contained herein, a ource hall e conidered to caue exceive noie if the noie emitted uch ource exceed the ackground noie level ve dA, provided that no ource uject to the proviion of thi chapter hall emit noie in exce of 80 dA at an time and provided that thi ection doe not decreae the permiile level of other ection of thi chapter. (2) No peron hall caue or allow the emiion of impule noie in exce of 80 d peak ound-preure level during the nighttime to an reidential noie zone. (3) No peron hall caue or allow the emiion of impule noie in exce of 100 d peak ound-preure level at an time to an zone.
§ 141-6. Prohiited noie activitie. A.
General prohiition. It hall e unlawful for an peron to make, continue or caue to e made or continued an loud, unnecear or unuual noie or an noie which either anno, ditur, injure or endanger the comfort, repoe, health, peace or afet of other.
.
numeration of prohiited act. ach of the following act, among other, i declared unlawful and i prohiited, ut thi enumeration hall not e deemed to e excluive: (1) Animal. The keeping of an animal or ird which cauing frequent or long-continued noie hall ditur the comfort or repoe of an peron in the vicinit. (2) lowing horn, etc. The ounding of an horn or ignal device on an automoile, motorccle, u, treetcar or other vehicle while not in motion, except a a danger ignal if another vehicle i approaching apparentl out of control, or if in motion onl a a danger ignal after or a rake are eing applied and deceleration of the vehicle i intended; the creation mean of an uch ignal device of an unreaonal load or harh ound; and the ounding of uch device for an unnecear and unreaonale period of time. (3) uilding operation. The erection (including excavating), demolition, alteration or repair of an uilding, or the excavation of treet and highwa, other than etween the hour of 7:00 a.m. and 6:00 p.m. on the weekda, except in the cae of urgent neceit in the interet of pulic afet, and then onl with a permit from the appropriate municipal department, oard or commiion, which permit ma e granted for a period not to exceed three da while the emergenc continue. (4) xhaut dicharge. The dicharge into the open air of the exhaut of an team engine, tationar internal comution engine, motor vehicle or motoroat engine except through a mu er or other device which will e ectivel prevent loud or exploive noie therefrom.
(5) Radio, portale radio, cd plaer, etc. The plaing of an radio, portale radio, CD plaer, phonograph or http://ecode360.com/print/ME0737?guid=13485867&children=true
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(5) Radio, portale radio, cd plaer, etc. The plaing of an radio, portale radio, CD plaer, phonograph or an muical intrument in uch a manner or with uch volume, particularl during the hour etween 10:00 p.m. and 7:00 a.m., a to anno or ditur the quiet, comfort or repoe of peron in an o ce, or in an dwelling, hotel or other tpe of reidence, or of an peron in the vicinit. (6) houting, inging, etc. Yelling, houting, hooting, whitling or inging on the pulic treet, particularl etween the hour of 10:00 p.m. and 7:00 a.m., or at an time or place o a to anno or ditur the quiet, comfort or repoe of peron in an o ce or in an dwelling, hotel or other tpe of reidence, or of an peron in the vicinit. (7) team whitle. The lowing of an team whitle attached to an tationar oiler except to give notice of the time to egin or top work or a a warning of re or danger, or upon requet of proper Cit authoritie.
§ 141-7. Vehicle noie retriction. The following activitie are prohiited: A.
Motor vehicle noie. All motor vehicle operated within the limit of the Cit of Meriden hall e uject to the noie tandard and deciel level et forth in the regulation authorized in § 14-80a of the Connecticut General tatute.
.
Motor vehicle ound-amplifing device. No ound-amplifing device on or within motor vehicle hall emit noie in exce of the noie level a peci ed in § 141-5 of thi chapter.
C.
Unregitered recreational vehicle noie. No peron hall create or caue to e created an unreaonal loud or dituring noie due to the operation of an unregitered recreational vehicle. A noie hall e deemed to e unreaonal loud and a violation of thi chapter when the noie o generated exceed the noie level tandard et forth in § 141-5.
§ 141-8. xception. A.
Thi chapter hall not appl to noie emitted or related to: (1) Natural phenomena. (2) An ell or chime from an uilding clock, chool or church. (3) An iren, whitle or ell lawfull ued emergenc vehicle or an other alarm tem in an emergenc ituation. (4) A pulic emergenc ound tem. (5) Warning device required the Occupational afet and Health Adminitration or other tate or federal afet regulation. (6) Farming equipment or farming activit. (7) An emergenc. (8) now removal equipment operated at the order of the Cit of Meriden.
.
The following hall e exempt from thi chapter, uject to pecial condition a peci ed: (1) Noie generated an contruction equipment which i operated during datime hour, provided that the operation of contruction equipment during nighttime hour hall not exceed the maximum noie level a peci ed in § 141-5 of thi chapter. (2) Noie from dometic power equipment during datime hour.
(3) Noie from demolition work conducted during datime hour, provided that, when conidered emergenc http://ecode360.com/print/ME0737?guid=13485867&children=true
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(3) Noie from demolition work conducted during datime hour, provided that, when conidered emergenc work, demolition hall e exempted at all time from the noie level et in thi chapter. (4) Noie created aircraft ight operation which are peci call preempted the Federal Aviation Adminitration. (5) Noie created an recreational activitie which are permitted law and for which a licene or permit ha een granted the Cit, including ut not limited to parade, porting event, concert and rework dipla.[1] [1]
ditor' Note: Amended at time of adoption of Code (ee Ch. 1, General Proviion, Art. II).
(6) Noie created lating other than that conducted in connection with contruction activitie, provided that the lating i conducted etween 8:00 a.m. and 5:00 p.m. local time, at a peci ed hour previoul announced to the local pulic, and provided that a permit for uch lating ha een otained from local authoritie. (7) Noie created leaf, refue and olid wate collection, provided that the activit i conducted during datime hour. (8) Noie created a re or intruion alarm, from the time of activation of the audile ignal for a period of time not exceeding 10 minute, when uch alarm i attached to an uilding or tructure. (9) Noie generated engine-powered or motor-driven lawn care or maintenance equipment on Cla A propert etween the hour of 8:00 a.m. and 9:00 p.m., provided that noie dicharge from exhaut i adequatel mu ed to prevent loud noie therefrom. (10) Pulic-addre tem ued in election campaign activitie during datime hour onl. (11) Noie created thoe activitie which are uject to the requirement and performance tandard a et forth in § 213-54 of Meriden Cit Code.
§ 141-9. nforcement; penaltie for o ene. A.
The proviion of thi chapter ma e enforced citation, in addition to other remedie. The following peron have authorit to iue citation for violation puruant to thee ection: the Police Department.
.
An peron in violation of an of the ection of thi chapter hall e ned in an amount not to exceed $77. ach da that uch violation continue after the time for correction of the violation given in an order hall contitute a continuing violation, and the amount of the ne hall e douled for each da aid violation continue, aid ne not to exceed $500 per da.
§ 141-10. Variance. A.
An peron living or doing uine in the Cit of Meriden ma appl to the Chief of Police or hi deignee for a variance from one or more of the proviion of thi chapter which are more tringent than the Connecticut Department of nvironmental Protection regulation for the control of noie, provided that the applicant upplie all of the following information to the Chief of Police or hi deignee at leat 20 da prior to the tart of the activit for which the variance i ought: (1) The location and nature of the activit. (2) The time period and hour of operation of aid activit. (3) The nature and intenit of the noie that will e generated. (4) An other information required the Chief of Police or hi authorized agent.
.
No variance from thi chapter hall e granted unle it ha een demontrated that:
(1) The propoed activit will not violate an proviion of the Connecticut Department of nvironmental http://ecode360.com/print/ME0737?guid=13485867&children=true
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(1) The propoed activit will not violate an proviion of the Connecticut Department of nvironmental Protection regulation; (2) The noie level generated the propoed activit will not contitute a danger to the pulic health; and (3) Compliance with thi chapter contitute an unreaonale hardhip on the applicant. C.
The application for a variance hall e reviewed and approved or rejected at leat ve da prior to the tart of the propoed activit the Chief of Police or hi authorized agent. Approval or rejection hall e made in writing and hall tate the condition() of approval, if an, or the reaon() for rejection.
D. Failure to rule on an application within the deignated time hall contitute approval of the variance.
§ 141-11. Con ict with other regulation; everailit. All proviion of the Zoning Regulation of the Cit of Meriden which are more tringent than thoe et forth herein hall remain in force. If, for an reaon, an word, claue, paragraph or ection of thi chapter hall e held to make the ame uncontitutional or e upereded an tate law or regulation, thi chapter hall not there e invalidated, and the remainder of thi chapter hall continue in e ect. An proviion herein which i in con ict with the Connecticut General tatute, the Connecticut Department of nvironmental Protection regulation or the Pulic Health Code of the tate of Connecticut i here repealed, it eing undertood that the tatute and code hall take precedence over thi chapter.
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