§ 236-9 WINDSOR LOCKS CODE § 236-9
Chapter 236
NUISANCE, BLIGHT AND EXCESSIVE NOISE ORDINANCE
ARTICLE IARTICLE V
Purpose and ApplicabilityNotice, Fines, Remedial Action
§ 236-1. Purpose.§ 236-15. Notice of Violations
§ 236-2. Applicability.§ 236-16. Imposition of Fine
§ 236-17. Resolution Conferences
§ 236-18. Remedial Action Authorized
ARTICLE II
Public Nuisances in General
ARTICLE VI
§ 236-3. Definitions Citations; Citation Hearing; Appeal
§ 236-4. Public nuisances prohibited
§ 236-5. Enforcement§ 236-19. Citation
§ 236-20. Citation Hearings
ARTICLE III§ 236-21. Appeals
Blight§ 236-22. Minimum Standards
§ 236-23. Responsibility for Compliance
§ 236-6. Definitions
§ 236-7. Enforcement in Cases of Blight
ARTICLE IV
Excessive Noise
§ 236-8. Definitions
§ 236-9. Noise Zonesand Districts
§ 236-10. Noise Standards
§ 236-11.Exclusions
§ 236-12. Exemptions
§ 236-13. Equipment and Measurement
§ 236-14. Enforcement - Excessive Noise
(HISTORY: Adopted by the Town of Windsor Locks______. Amendments noted where applicable)
ARTICLE I
Purpose and Applicability
§ 236-1. Purpose.
The purpose of this Chapter is to define, prohibit and establish procedures for abating nuisances, including blight andexcessive noise, to protect, preserve, and promote public health, safety and welfare, and to preserve and protect property values.
§ 236-2. Applicability.
This Chapter shall apply uniformly to all residential, nonresidential, and undeveloped premises now in existence or hereafter constructed, maintained, or modified but shall exclude: property owned by the Town; agricultural lands as defined in Chapter 22-3(b) of the Connecticut General Statutes; land dedicated as public or semi-public open space or preserved in its natural state through conservation easements; or areas designated as inland wetlands and watercourses.
ARTICLE II
Public Nuisances in General
§ 236-3. Definitions.
The following definitions shall apply in the interpretation and enforcement of this Chapter.
PUBLIC NUISANCE – The active or passive creation or maintenance of any condition or the performance of any activity which unreasonably hinders the reasonable use and enjoyment of adjacent properties or other units within the same property or interferes with the use of a public or private sidewalk, street, or right-of-way. Public nuisances include but are not limited to blight and excessive noise.
BUILDING OFFICIAL – Shall mean the Building Official as designed in Connecticut General Statutes Chapter 29-260. Pursuant to the Section 609 of Charter of the Town of Windsor Locks the Building Official shall also be the Zoning Enforcement Officer.
§ 236-4. Causing or Maintaining a Public Nuisance.
No person, firm, corporation, or other legal entity shall cause or allow any publicnuisance, blight, or excessive noise, as defined in thisChapter, to be created or the existence thereof continued on any real property located within the Town of Windsor Locks. Any exempt property, as defined in this Chapter, shall not be subject to the provision hereof.
§ 236-5. Enforcement.
(a) General Provisions. The Board of Selectmen shall be responsible for administering
and supervising the abatement of public nuisances.
(b) Enforcement Officer –Except for cases involving Blight and Excessive Noise when being enforced by a police officer, the Zoning Enforcement Officer shall enforce the provisions of this Chapter and any rules or regulations promulgated under this Chapter. The Zoning Enforcement Officer may initiate inspections and investigations.
(c) Duties of Enforcement Officer. Except in cases of Blightand Excessive Noise when being enforced by a police officer, the Zoning Enforcement Officer shall determine violations of this Chapter; may order the person or entity causing or maintaining the public nuisance to abate the nuisance; may issue citations and penalties for violations of this Chapter; may effectuate the removal or abatement of the nuisance under the procedures set forth in this Chapter; may issue informal communications; may issue written notice of violations; or may take any other step not prohibited herein calculated to effectuate the removal or abatement of a nuisance.
ARTICLE III
Blight
§ 236-6. Definitions
BLIGHTED PREMISES – Any building, structure or parcel of landin which at least one of the following conditions exist:
(a) It is dilapidated or becoming dilapidated as documented by the Building Official;
(b) It is attracting illegal activity as documented by the Police Department;
(c) It is a fire hazard as determined by the Fire Marshal or as documented by the Fire
Department;
(d) It is determined by the Building Official or the Health Department reports that the condition of the building, structure or parcel of land poses a serious or immediate danger to the safety, health or general welfare of the community;
(e) There are abandoned, inoperable or unregistered motor vehicles on the premises (unless the premises is a junkyard legally licensed by the State of Connecticut);
(f) There are conditions which unreasonably hinder the use of adjacent properties, block or interfere with the use of the public or private sidewalk, street, or right-of-way, obstruct the visibility of any road sign, obstruct a utility line or other cables to or around the premises, or extend or infringe beyond the boundaries of the premises;
(g) It violates any state statutes or regulations; the Windsor Locks Charter, ordinances or regulations; or the conditions of any zoning or use permits granted by any state or municipal agency;
(h) It is a factor that is seriously depreciating property values in the neighborhood;
(i) It contains a Property Maintenance Violation as defined by this Section.
DILAPIDATED – Any building or structure or part thereof that would not qualify for a certificate of use and occupancy or which is deemed an unsafe structure, and any dwelling or unit which is designated as unfit for human habitation as defined in the State Basic Building Code.
BLIGHT OFFICER – Shall mean an individual appointed by the First Selectman to enforce the provisions of this Chapter.
NEIGHBORHOOD – Shall mean an area of the Town comprised of all properties or parcels of land, any part of which is within a radius of four hundred (400) feet of any part of another parcel or lot within the Town.
PROPERTY MAINTENANCE VIOLATION – Shall mean the violation of the following standards with respect to lots or parcels;
(a) All premises shall be graded, drained, kept free of persistent standing water and maintained in a clean, safe and sanitary condition. Surface and sub-surface water shall be appropriately drained to prevent the development of stagnant ponds.
(b) Shopping baskets, carts or wagons shall not be left unattended or standing, and the baskets, carts or wagons shall be collected as often as necessary and removed to an appropriate enclosure intended for such purpose or to the interior of the building or buildings which they were taken.
(c) All fences shall be maintained. Such maintenance shall include, but not be limited to, repainting if needed and the replacement or repair of fences which are in substantial disrepair.
(d) Grass, weeds or similar ground cover shall not reach a height of greater than twelve (12) inches on any premises. Front yards shall not be allowed to deteriorate into unattended, bare dirt patches resulting from vehicular use, persistent lawn parking, or a gross lack of lawn maintenance.
(e) Any planting strip fronting the premise shall be maintained in a safe condition, mowed as necessary, and free of litter or noxious plants.
(f) Steps, walks, driveways and other paved areas shall be repaired if they impede safe passage.
(g) Yards, courts, lots, porches, patios and decks shall be kept clean and free of physical hazards, rodent harborage and infestation, and shall be maintained in a manner that will prevent accumulations of trash, garbage, litter, debris and rubbish. The owner of the propertyshall remove discarded or inoperative appliances, furnishings or machinery and shall not maintain upholstered furniture in outdoor locations.
(h) All signs exposed to the public view shall be maintained in good repair. A non-operative or broken electrical or other sign shall be repaired or removed.
(I) All clothing donation and collection bins may only be placed upon a property in accordance with the zoning regulations, shall be emptied at least weekly, and any and all items left outside the bins shall be removed within 24 hours of being placed there.
(j) A condition that violates the Connecticut State Building Code shall be considered a property maintenance violation.
§ 236-7. Enforcement in Cases of Blight
(a) General Provisions. The Board of Selectmen shall be responsible for administering
andsupervising the enforcement of Blight violations.
(b) Blight Officer. The Blight Officer shall enforce the provisions of this Chapterrelating to Blight and any rules or regulations promulgated under this Chapter. The Blight Officer may initiate inspections andinvestigations. Complaints may be submitted to the Blight Officer by members of the public, but such complaints shall be in writingon forms provided by the Town or filed electronically.
(c) Duties of Blight Officer. The Blight Officer shall determine violations of this Chapter that constitute Blight; may order the owner of the Blighted Property to abate such violations;may issue citations and penalties forviolations of this Chapter; may effectuate the removal or abatement of the blightcondition under the procedures set forth in this Chapter; may issue informal communications; may issue formal written notice of violations; or may take any other step not prohibited herein calculated to effectuate the removal or abatement of a blight condition.
ARTICLE IV
Excessive Noise
§ 236-8. Definitions.
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.
CONSTRUCTION -Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition for or of public or private structures, utilities, rights-of-way or similar property.
DAYTIME HOURS -The hours between 7:00 a.m. and 9:00 p.m., weekdays and Saturday, and the hours between 8:00 a.m. and 9:00 p.m. on Sunday.
EMERGENCY -Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
EMERGENCY SOUND SIGNAL -An audible electronic or mechanical siren or signal device attached to an authorized emergency vehicle or within or attached to a building pole or other structure for the purpose of sounding or testing an alarm relating to fire or emergency management.
EMITTER -An individual or entity who is the owner or occupant of the premises from which noise commences.
EXCESSIVE NOISE- Emitter noise zone levels from noise sources exceeding the standards set forth in §236-10 beyond the boundary of the emitter's noise zones.
IMPULSE NOISE -Noise of short duration (generally less than one second), especially of high intensity, abrupt onset and rapid decay, and often rapidly changing spectral composition.
MAINTENANCE EQUIPMENT -All engine or motor-powered garden or maintenance tools intended for repetitive use, including but not limited to lawnmowers, riding tractors, blowers, and including equipment intended for infrequent service work, including but not limited to chain saws, log chippers or paving rollers.
MOBILE SOURCES OF NOISE -Shall include, but are not limited to such sources as automobiles, trucks and other vehicles used to transport individuals or items along public rights-of-way.
NIGHTTIME HOURS -The hours between 9:00 p.m. and 7:00 a.m. weekdays and Saturday, and the hours after 9:00 p.m. and before 8:00 a.m. on Sunday.
NOISE ZONE -An individual unit of land or a group of contiguous parcels under the same ownership as indicated by public land records and, as relates to noise emitters, includes contiguous publicly-dedicated streets and highway rights-of-way, railroad rights-of-way, water bodies and waters of the state.
RECEPTOR -An individual or entity who is the owner or occupant of premises affected by or receiving noise.
SITE -The area bounded by a property line on or in which a source of noise exists.
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 ANSI Specifications for Sound Level Meters S1.4-1984 (1997).
§ 101.02 CLASSIFICATION OF NOISE ZONES AND DISTRICTS.
§ 236-9 Noise Zones and Districts
(a)Noise zone classifications. Noise zone classifications shall be based on the designated use of any parcel or tract, based on the zoning district in which a parcel is located as described on the Zoning Map and in the Zoning Regulations of the town as amended from time to time; provided that any parcel whose use is lawfully nonconforming to its
district at the time this chapter is enacted shall be classified for noise emission purposes according to the district appropriate for the nonconforming use. The current designation
shall be the determining factor, and any change in the zoning map or zoning regulations will also represent a change in the Noise District.
(b)Noise Districts.
(1)Residential Noise District. Lands or noise zones contained within residential districts by the Planning and Zoning Regulations of the town shall be designated as Residential Noise Districts, and shall be subject to the noise standards prescribed therefor or defined by this chapter.
(2)Business Noise District. Lands contained within business districts by the Planning and Zoning Regulations of the town shall be designated as Business Noise Districts, and shall be subject to the noise standards prescribed therefor or defined by this chapter.
(3)Industrial Noise District. Lands contained within manufacturing districts by the Planning and Zoning Regulations of the town shall be designated as Manufacturing Noise Districts, and shall be subject to the noise standards prescribed therefor or defined by this chapter.
(4)Mixed Use Noise District (referred to as Controlled Development Districts or CDD). Lands contained within mixed used districts by the Planning and Zoning Regulations of the town shall be designated as Business Noise Districts for purposes of this chapter and shall be subject to the noise standards prescribed therefor or defined by this chapter.
(c)Emitter's nose zone. Within a noise district, the Emitter's noise zone is defined as his/her individual unit of land or group of contiguous parcels under the same ownership as indicated by the public land records. The emitter's noise zone also includes contiguous street and highway rights-of-way, railroad rights-of-way and water.
§ 101.03 NOISE STANDARDS.
§ 236-10 Noise Standards
(a)Excessive noise prohibited. No person shall cause or allow the emission of excessive noise as defined herein beyond the boundaries of his/her noise district or noise zone as measured at any point on a receptor's tract or parcel of land, so as to exceed the levels stated herein. The source of noise measured shall be the responsibility of the emitter.
(b)Impulse noise.
(1)No person shall cause or allow the emission of impulse noise in excess of 80 dB peak sound pressure level during the nighttime.
(2)No person shall cause or allow the emission of impulse noise in excess of 100 dB peak sound pressure at any time to any noise district or noise zone.
(c)Noise district and noise zone standards.
(1)
A.No person in a manufacturing noise district shall emit noise exceeding the levels
stated herein and applicable to the receptor's noise districts and noise zones:
Manufacturing / Business / Residential
Day / Night
Manufacturing Emitter to / 70 dBA / 66 dBA / 61 dBA / 51 dBA
B.Levels emitted in excess of the values listed above shall be considered excessive and unnecessary noise.
(2)
A.No person in a business noise district shall emit noise exceeding the levels stated herein and applicable to the receptor's noise districts and noise zones:
RECEPTORManufacturing / Business / Residential
Day / Night
Business Emitter to / 62 dBA / 62 dBA / 55 dBA / 45 dBA
B.Levels emitted in excess of the values listed above shall be considered
excessive and unnecessary noise.
(3)
A.No person in a mixed use district ("CDD") shall emit noise exceeding the levels
stated herein and applicable to the receptor's noise districts and noise zones:
Manufacturing / Business / Residential
Day / Night
Mixed Use Emitter to / 62 dBA / 62 dBA / 55 dBA / 45BA
B. Levels emitted in excess of the values listed above shall be considered excessive and unnecessary noise.
(4)
A.No person in a residential noise district shall emit noise exceeding the levels stated herein and applicable to the receptor's noise districts and noise zones:
RECEPTORManufacturing / Business / Residential
Day / Night
Residential Emitter to / 62 dBA / 55 dBA / 55 dBA / 45 dBA
B.Levels emitted in excess of the values listed above shall be considered
excessive and unnecessary noise.
(d)Motor vehicle noise.
(1)All motor vehicles operated within the limits of the town shall be subject to the noise standards and decibel levels as set forth in the Regulations of the State of Connecticut, Department of Motor Vehicles, Title 14, Sec. 14-80a-1 through 14-8-a-18, as amended from time to time.
(2)No sound amplifying devices on or within motor vehicles shall emit noise in excess of the noise levels as specified in this division.
§ 101.04 EXCLUSIONS.
§ 236-11Exclusions
The provisions of this chapter shall not apply to noise or sound emitted by or related to:
(a)Natural phenomena;
(b)The unamplified sound of the human voice;
(c)The unamplified sound made by any wild or domestic animal;
(d)Bells, carillons, or chimes associated with specific religious observances and/or organizations;
(d)A public emergency sound signal attached to an authorized emergency vehicle in the immediate act of responding to an emergency, or located within or attached to a building, pole or other structure for the purpose of sounding or testing an alarm relating to fire or emergency management;
(e)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;
(g)Farming equipment or farming activity.
§ 101.05 EXEMPTIONS.
§ 236-12 Exemptions
The following shall be exempt from this chapter, subject to the special conditions as specified:
(a)Noise created by any construction activity which is conducted during daytime hours;
(b)Noise created by recreational activities that are authorized by the town, including but
not limited to parades, sporting events, concerts and fireworks displays;
(c)Noise created by the operation of public facility maintenance equipment or private
property maintenance equipment during daytime hours; and
(d)Noise created by blasting, other than that conducted in connection with constructionactivities, provided that the blasting is conducted between 8:00 a.m. and 5:00 p.m., atspecified hours previously announced to the public, and provided that a permit for such blasting has been obtained from local authorities.