August 19—

Noise, Land Use Citation Ordinances

Up For Public Hearings

By John Voket

Legislative Council Vice Chairman Francis Pennarola, who also chairs the council’s ordinance subcommittee, said the public is welcome to turn out and comment on two impending ordinances.

There will be a public hearing at 7 pm in the meeting room of the C.H. Booth Library, 25 Main Street, Wednesday, August 19, to hear public comment on the possible enactment of an ordinance entitled “the Newtown Noise Control Ordinance” (chapter 262) and an ordinance entitled “Land Use Citations” (chapter 560.)

The noise ordinance, which was based on a similar successfully implemented ordinance in Ridgefield, received required approval by the Connecticut Department of Environmental Protection.

The Newtown proposal outlines both residential and nonresidential decibel levels during the day and at night. Daytime is defined as the hours between 7 am and 8:59 pm.

A decibel is defined as a logarithmic unit of measurement used in determining magnitude of sound.

In the event of a complaint, the ordinance outlines that decibel measurements “shall be taken at a point that is located approximately one foot from the boundary of the Emitter’s Premises and/or a point that is located approximately one foot within the boundary of the Receptor’s Premises. The Emitter’s Premises include his/her/its individual unit of land or ground or contiguous parcels under the same ownership, as indicated by the public land records. The limitations recited above shall be determined based upon the Receptor’s property classification.”

There are numerous exemptions to the ordinance, which include: the unamplified human voice; the bell or chime from any building clock, school or church; sound created by a public emergency sound signal attached to an authorized emergency vehicle in the immediate act of responding to an emergency; and state or municipally authorized and licensed drilling or blasting between 8 am and 5 pm, from Monday through Friday, among others.

A person may apply to the first selectman for a variance from one or more of the provisions of this ordinance, provided the applicant provides the first selectman, or his/her designated assistant, at least ten days prior to the proposed activity, with the following:

*The location of the proposed activity;

*Time period and hours of operation;

*Nature and intensity of anticipated noise; and

*Such other information which the first selectman may reasonably deem necessary.

Variances Are Available

A variance may be granted if the first selectman reasonably concludes that the noise levels will not endanger public health, and ordinance compliance would result in unreasonable hardship to the applicant.

While according to the ordinance proposal, all motor vehicles operated within the limits of the town shall be subject to the noise standards and decibel levels set forth in regulations of Connecticut state agencies, no sound amplifying devices on or within motor vehicles shall emit noise in excess of the level specified in the local ordinance.

The proposal outlines that Newtown’s Police Department shall be responsible for investigating and documenting, though acoustic measurements, violations of this ordinance. Violators may be served with an ordinance citation, 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 offense cited. Fines shall be in the amount of $60 for the first offense, and $77 for each subsequent offense.

Nothing in this ordinance shall prevent the police department, because of the perceived nature of the offense, from proceeding not under the terms of this ordinance, but under the provisions of state statutes, as they may be amended from time to time, which sections relate, generally, to breach of peace, etc.

An appeal process relative to noise tickets is also established in the ordinance.

In the event of an appeal, the first selectman shall appoint a hearing officer who shall serve at his/her discretion to hear appeals from the issuance of noise tickets. A person shall have 30 days from the date of the noise ticket to deliver a written application for a hearing.

The hearing officer shall hold a hearing within five days of the receipt of the application, and his/her decision shall be final.

In regard to the land use citations proposal, the language stipulates that any Newtown Land Use Agency Officer is authorized to issue citations for violations of the Zoning and Inland Wetlands and Watercourses Regulations.

The fine for each such citation shall be determined by fee schedules, not to exceed $1,000 per day for each Inland Wetland and Watercourses violation and not to exceed $150 per day for zoning violations, payable to the Town of Newtown.

Any person receiving such a citation shall be allowed a period of ten days from his or her receipt of the citation to make an uncontested payment of the fine specified in the citation to the town. The first selectman, with the approval of the Board of Selectmen, shall appoint one citation hearing officer, other than police officers or employees or persons who issue citations, to conduct the hearing.

Newtown, at any time within 12 months from the expiration of the final period for the uncontested payment of fines, penalties, costs or fees for any citation issued under any ordinance adopted pursuant to specific state statutes, for an alleged violation thereof, shall send notice to the person cited. Such notice shall inform the person cited:

*Of the allegations against him and the amount of the fines, penalties, costs or fees due;

*That he may contest his liability before a citation hearing officer by delivering in person or by mail written notice within ten days of the date thereof;

*That if he does not demand such a hearing an assessment and judgment shall be entered against him; and

*That such judgment may issue without further notice.