title
ORDINANCE AMENDMENT APPROVING THE AMENDMENT TO SEC. 18-71- 18-90 OF THE CITY OF NEW HAVEN CODE OF ORDINANCES (NOISE CONTROL ORDINANCE).
body
WHEREAS, the Mayor of the City of New Haven Board desires to amend Sec 18-71 - 18 - 90 of the City code of Ordinances (the Noise Control Ordinance) to ensure that residents have an environment free from excessive sound and to limit excessive sound from motor vehicles; and
WHEREAS, the Mayor submits the proposed ordinance amendments herewith.
NOW THEREFORE BE IT ORDERED, by the Board of Alders of the City of New Haven that the proposed amendments to the Noise Control Ordinance are hereby approved.
• Sec. 18-71. - Title.
This article shall be known as the "Noise Control Ordinances."
(Ord. No. 1422, 7-6-06; Ord. No. 1916 , 6-7-21)
• Sec. 18-72. - Purpose.
It is recognized that people throughout the entire City of New Haven have a right to and should be ensured an environment free from excessive sound and vibration that may jeopardize their health, safety, welfare, or quality of life. This article is enacted to protect, preserve and promote these values for all the citizens of New Haven through the reduction, control and prevention of unlawfully excessive noise.
(Ord. No. 1422, 7-6-06; Ord. No. 1916 , 6-7-21)
• Sec. 18-73. - Definitions.
The following definitions shall apply in the interpretation and enforcement of this article:
Ambient noise or background noise means a noise of a measurable intensity which exists at a point as a result of a combination of many distant individually indistinguishable sources. In statistical terms, it is the level which is exceeded ninety (90) percent of the time (L90) in which the measurement is taken.
Collection means the act of picking up refuse at its point of generation or storage, placing it in a vehicle, and completing the process at each location.
Commercial zone means all commercial districts and business districts, including BA, BB, BC, BD, BD-1 and BE as defined in the zoning regulations of the City of New Haven, and all uses associated therewith permitted either as a right or as a special use.
Compression release type braking system means any device equipped on certain commercial vehicles, including but not limited to, tractors, semi-trucks, motor carriers and buses that utilize engine compression release or engine retardants as a means of slowing or braking the speed of the vehicle in lieu of applying the clutch or brakes. These devices are also known as Jake brakes.
Construction means any site preparation, assembly, erection, substantial repair, alteration or similar action for or of public or private rights-of-way, structures, utilities or similar property. This term does not encompass demolitions.
Construction equipment means any equipment or device operated by fuel, electric power, air or hydraulic pressure used in construction or demolition work.
Daytime hours means the hours between 7:00 a.m. and 10:00 p.m. Mondays through Saturdays, and the hours of 9:00 a.m. through 9:00 p.m. Sundays and federal and state holidays. Unless otherwise provided, all other hours shall be construed as nighttime hours.
Decibel means a logarithmic unit of measure used in measuring magnitudes of sound. The symbol is dB. SPL (sound-pressure level) is defined as:
SPL = 20 log P in dB/Po
Where Po = 0.0002 microbars
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 power saws, drills, grinders, lawn and garden tools and other similar devices.
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 Conn. General Statutes Section 14-283 as amended from time to time and the City of New Haven 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 a sound of short duration, usually less than one (1) second, with an abrupt onset and rapid decay.
Industrial zone means all industrial districts as defined by the zoning regulations of the City of New Haven, including but not limited to IL, IM and IH Districts.
Loud amplification device or similar equipment shall include, but not be limited to, a radio, television, phonograph, stereo, record player, tape player, cassette player, compact disc player, loud speaker, sound amplifier or external speaker attached to a motor vehicle which is operated in such manner that it creates noise.
Motor vehicle is defined per the Conn. General Statutes Section 14-1(51) as amended from time to time.
Muffler means a device for abating sounds such as those produced by escaping gases.
Noise means any sound, the intensity of which exceeds the standards set forth in this article as it is amended from time to time.
Noise level means the sound-pressure level in decibels as measured with a sound-level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
Person means 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 means any building, structure, land or portion thereof, including all appurtenances, 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.
Refuse means municipal solid waste, bulky waste and yard waste, garbage, household rubbish, ashes and any organic wastes normally produced from the handling and use of foods, except dishwater and wastewater.
Residential zone means all city-owned property used for recreational or educational purposes, all residential districts (RS-1, RS-2, RM-1, RM-2, RH-1, RH-2 and RO), any commercial district when used for residential purposes, as defined in the zoning regulations of the City of New Haven as they are amended from time to time, and all uses permitted therewith either 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, at a minimum, to the operational specifications of the American National Standards Institute for Sound Level Meters, S1.4-1971 (Type S2A) as amended from time to time.
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 which is expressed in decibels (dB).
(Ord. No. 1422, 7-6-06; Ord. No. 1916 , 6-7-21)
• Sec. 18-74. - Noise level measurement procedures.
For the purpose of determining noise levels as set forth in this article, either of the following guidelines shall apply:
(1) When and where a sound level meter is used:
a. All personnel conducting sound measurements shall be trained in the current techniques and principles of sound-measuring equipment and instrumentation;
b. Instruments used to determine sound-level measurements shall conform to the performance standards as defined in the section captioned "noise levels" as amended from time to time;
c. The general steps listed below shall be followed when preparing to take sound-level measurements:
1. The instrument manufacturer's specific instructions for the preparation and use of the instrument shall be followed;
2. The sound-level meter shall be calibrated before and after each set of measurements;
3. When measurements are taken out of doors, a wind screen shall be placed over the microphone of the sound-level meter as per the manufacturer's instructions;
4. The sound-level meter shall be placed at an angle to the sound source as specified by the manufacturer's instructions and be at least four (4) feet above the ground. The meter shall be placed as to not be interfered with by individuals conducting the measurements; and
5. Measurements shall be taken at a point that is located about one (1) foot beyond the boundary of the emitter's premises and within the receptor's premises. The emitter's premises include his/her individual unit of land, or ground of contiguous parcels under the same ownership as indicated by public land records, or
(2) When and where a sound level meter is not used:
noise including noise generated by a loud amplification device, will be in violation of this section if it is plainly audible when it can be heard at a distance of one hundred (100) feet from its source, by a person of normal hearing.
(Ord. No. 1422, 7-6-06; Ord. No. 1916 , 6-7-21)
• Sec. 18-75. - Noise levels.
a) 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 as amended from time to time.
(b) Noise level standards.
(1) No person in a residential zone shall emit noise beyond the boundaries of his/her premises that exceeds the levels stated herein, and applies to adjacent residential, commercial or industrial zones.
Emitter's zone: Residential
Receptor's zone: Maximum level:
Industrial .....62 dBA
Commercial .....55 dBA
Residential/day .....55 dBA
Residential/night .....45 dBA
(2) No person in a commercial zone shall emit noise beyond the boundary of his/her premises that exceeds the levels stated herein, and applies to adjacent residential, commercial or industrial zones:
Emitter's zone: Commercial
Receptor's zone: Maximum level:
Industrial .....62 dBA
Commercial .....62 dBA
Residential/day .....55 dBA
Residential/night .....45 dBA
(3) No person in an industrial zone shall emit noise beyond the boundary of his/her premises that exceeds the levels stated herein, and applies to adjacent residential, commercial or industrial zones:
Emitter's zone: Industrial
Receptor's Zone: Maximum level:
Industrial .....70 dBA
Commercial .....66 dBA
Residential/day .....61 dBA
Residential/night .....51 dBA
(4) Any non-conforming use shall be deemed to be in the zone which corresponds to the actual use.
(Ord. No. 1422, 7-6-06; Ord. No. 1916 , 6-7-21)
• Sec. 18-76. - High background noise levels and impulse noise.
a) If background noise levels caused by sources not subject to these regulations exceed the standards contained herein as amended from time to time, a source shall be considered to cause excessive noise if its emission exceeds the background noise levels by five (5) decibels, provided that no source subject to this article shall emit noise in excess of eighty (80) decibels at any time, and provided that this section does not decrease the permissible levels of other sections of this chapter as amended from time to time.
(b) No person shall cause or allow the emission of impulse noise in excess of eighty (80) decibels peak sound-pressure level during the nighttime to any residential noise zone.
(c) No person shall cause or allow the emission of impulse noise in excess of one hundred (100) decibels peak sound-pressure level at any time in any zone.
(Ord. No. 1422, 7-6-06; Ord. No. 1916, 6-7-21)
• Sec. 18-77. - Exclusions.
The above restrictions of sound levels 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 systems used in an emergency situation; provided, however, that burglar alarms not terminating within fifteen (15) 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. However, the owner of an alarm mechanism will not be held liable if it is activated without his/her fault or negligence;
(4) Warning devices required by occupational safety and health administration or other state or federal safety regulations; and
(5) Farming equipment or farming activity.
(Ord. No. 1422, 7-6-06; Ord. No. 1916 , 6-7-21)
• Sec. 18-78. - Exemptions and special conditions.
The following shall be exempt from these regulations, subject to special conditions as provided herein:
(1) Noise generated by any construction equipment which is operated between the hours of 7:00 a.m. and 10:00 p.m. on Mondays through Saturdays, and 9:00 a.m. and 9:00 p.m. on Sundays. The building official or the director of the department of public works must approve the operation of the same during hours other than those allowed by this section. The person requesting such approval must apply for it at least seven (7) days before the date for which approval is sought. Approval may be granted if the requesting person makes an advanced payment for the actual cost of such inspection services as may be required under applicable rules and regulations as amended from time to time;
(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 10:00 p.m. on Mondays through Saturdays, and 9:00 a.m. and 9:00 p.m. on Sundays, provided that noise discharged from exhaust is reasonably muffled;
(4) Noise from snow removal equipment, provided it is maintained in good repair and exhaust is reasonably muffled;
(5) Noise from demolition work conducted between the hours of 7:00 a.m. and 10:00 p.m. on Mondays through Saturdays, and 9:00 a.m. and 9:00 p.m. on Sundays, provided that demolition shall be exempted at all times from the noise levels set in this regulation when it is considered emergency work;
(6) Noise created by any aircraft flight operations, which the Federal Aviation Administration specifically preempts;
(7) Noise created by any lawful recreational activities, and for which the city has granted a license or permit, including but not limited to parades, sporting events, outdoor concerts, firework displays and non-amplified religious activities;
(8) Noise involving blasting other than that conducted in connection with construction or demolition activities, provided that the blasting is conducted between the hours of 7:00 a.m. and 10:00 p.m. on Mondays through Saturdays, and 9:00 a.m. and 9:00 p.m. on Sundays, at specified 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 products undergoing tests, where one (1) of the primary purposes of the test is to evaluate product noise characteristics, and where practical noise control measures have been taken;
(10)Noise generated by transmission facilities, distribution facilities and substations of public utilities providing electrical power, telephone, cable television or other similar services, and located on property which is not owned by the public utility, and which may or may not be within utility easements.
(Ord. No. 1422, 7-6-06; Ord. No. 1916, 6-7-21)
• Sec. 18-79. - Motor vehicle noise.
a) All motor vehicles operated within the limits of the City of New Haven shall be subject to the noise standards and decibel levels set forth in the regulations authorized in federal, state and local laws and regulations, including but not limited to Conn. Gen. Stat. and related regulations Sec. 14-80a-1a through 14-80a-10a as amended from time to time, and to the standard for plainly audible noise as defined in Sec. 18-74.
(b) No person shall operate a motor vehicle, nor shall the owner of any motor vehicle, or, allow such vehicle to be operated, at any time or under any condition of grade, surface, speed, load, acceleration, deceleration or weather condition in such a manner as to exceed either the standards set forth in Connecticut regulations Sec. 14-80a-1a through 14-80a-10 a as amended from time to time, or noise that is plainly audible as defined in Sec. 18-74 of this Chapter. This subsection applies to the total noise generated by a motor vehicle including noise generated by a loud amplification device as defined herein and shall not be construed as limiting or precluding the enforcement of any other motor vehicle noise provisions of this title.
(c) No person shall operate a motor vehicle, nor shall the owner of any motor vehicle, or, allow such vehicle to be operated, at any time or under any condition of grade, speed, load, acceleration, deceleration or weather condition in such a manner as to emit noise, including noise generated by a loud amplification device as defined herein, which is plainly audible at a distance of one hundred (100) feet from such vehicles by a person of normal hearing, except that loud speakers or public address systems are allowed provided prior to use thereof a permit has been obtained from the New Haven Police Department or other appropriate City department.
(Ord. No. 1422, 7-6-06; Ord. No. 1916, 6-7-21)
• Sec. 18-80. - Refuse collection noise.
All refuse collectors shall comply with the noise level standards as established in this article while engaging in refuse collection at each location. For purposes of this article, the term "refuse collectors" shall be synonymous with private haulers, and all other persons that commercially engage in the collection and transportation of refuse and other debris.
(Ord. No. 1422, 7-6-06; Ord. No. 1916, 6-7-21)
• Sec. 18-81. - Inspections.
For the purpose of determining compliance with the provisions of this article, the following provisions shall apply:
(1) The city’s health director or his/her designee is hereby authorized to make inspections of stationary or fixed noise sources, and to take measurements and make tests whenever necessary to determine the quantity and character of noise and whether the noise level is in violation of this chapter.
(2) The city’s chief of police or his/her designee and the chief administrative officer or his/her designee is hereby authorized to make inspections of any mobile noise source including refuse collection, demolition, construction, and noise emitted from motor vehicles, and to take measurements and make tests whenever necessary to determine the quantity and character of noise, and whether the noise level is in violation of this chapter. This includes requiring refuse collectors to provide global positioning system (GPS) data about a specific location and time period when requested based on a credible allegation of a violation of Article XVI, Section 17-129(c) that occurs in any commercial or residential zone as defined by this section.
(3) In the event that any person refuses or restricts local authorized officials from entry and free access to any part of a premises, or refuses to allow such officials to inspect, test or measure noise generated from any activity, device, facility motor vehicle, or process, or to provide GPS data, said officials may seek an administrative warrant from an appropriate court to obtain such access for the aforesaid purposes. In the case of GPS data, the warrant shall be issued to the company owning the refuse collection vehicle, not the individual driver.
(4) It shall be unlawful for any person to refuse to allow or permit local authorized officials free access to any premises, motor vehicle when they are acting in compliance with a warrant for inspection that is issued by the appropriate court.
(5) 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.
(6) 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 as amended from time to time.
(Ord. No. 1422, 7-6-06; Ord. No. 1916, 6-7-21)
• Sec. 18-82. - Violations and penalties.
a) Any person violating this article shall be fined up to the maximum amount authorized by state statutes or this Code per occurrence. Each day such violation continues shall constitute a separate violation. In the case of refuse collection noise violations, the fines shall be issued to the company owning the refuse collection vehicle, not the individual driver.
b) Any person who violates the provision of Sec. 18-79 of this chapter, Motor Vehicle Noise, that applies to noise generated by the operation and use of an external speaker attached to a motor vehicle may be fined in an amount not to exceed one thousand dollars ($1,000) for a first violation, in an amount not to exceed one thousand five hundred dollars ($1,500) for a second violation, and in an amount not to exceed two thousand dollars ($2,000) for a third or subsequent violation.
c) Failure to pay the fine within the time allotted may be enforced pursuant to C.G.S. Sec. 7-152c through which the city may obtain a judgment against the person cited in the Superior Court.
d) The New Haven Police Department may seize any external speaker upon probable cause that it is creating noise in violation of this section and may remove it from the motor vehicle to which it is attached and remove or tow such external speaker to a secure location for impoundment. Before the owner of any such impounded property may remove the external speaker from impoundment, he or she shall submit to the operator of such pound or to such other person as the chief of police shall designate, within forty-five (45) days of seizure, a written request for return of the speaker pursuant to Sec. 18-83 of this Chapter.
e) Any external speaker seized pursuant to this section that is not claimed by its owner under the terms of this section for a period of forty-five (45) days after seizure or in the case of a speaker being held as evidence not claimed by its owner within forty-five (45) days of permission of the court to return the external speaker, or disposition of such criminal proceeding, whichever is later, shall be forfeited to the city and sold at a public auction conducted by the city. The proceeds from such sale shall be deposited into the city’s general fund.
f) No external speaker shall be forfeited to the extent of the interest of an owner by reason of any act or omission committed by another person if such owner did not know and could not have reasonably known that such external speaker was being used or was intended to be used in violation of a municipal ordinance.
• Sec. 18-83. - Hearing prior to forfeiture of external speaker
(a) A hearing officer shall be appointed by the Mayor subject to the approval of the Board of Alders to conduct hearings authorized by this section. Such hearing officer shall work with the chief of police in the scheduling of hearings held pursuant to this chapter. The chief of police or his or her designee shall represent the police department at such hearing. A sworn police incident report shall be considered prima facie proof of the violation. The owner or lienholder may cross examine any witness and present evidence and argument in opposition to the city's claim. After the hearing as provided by this section, the hearing officer may order the forfeiture of any external speaker that has been seized upon clear and convincing evidence of a violation of section 18-79 or any other city ordinance or state law pursuant to the process provided herein. Written notice advising the recipient of the right of the owner or lienholder of the external speaker to a hearing prior to the disposal of the external speaker will be delivered on a form approved by corporation counsel and Board of Alders to any lienholder and to the owner of the external speaker, or if no owner can be identified, to the person charged with the violation, within thirty (30) days of the seizure. A written request for a hearing before a hearing officer, must be received, by hand delivery or certified mail, return receipt requested, to Hearing Officer, in care of the Chief of Police, New Haven Police Department, 1 Union Avenue, New Haven, Connecticut 06519 within thirty (30) days of receipt of the notice. Said request for a hearing by an owner must be submitted with proof of ownership or by a lienholder with proof of lien or other security interest in the external speaker.
(b) Said hearing shall be conducted by the hearing officer and shall be held not more than thirty (30) days after the receipt of the written request, except that written requests for an extension of time may be granted for good cause shown. Notice of the date and time of said hearing shall be provided to the owner or lienholder no later than ten (10) days before the date of the hearing by electronic delivery and/or by certified mail, return receipt requested, at the email or residential address provided by the owner or lienholder in the written request for a hearing.
(c) Any party to the hearing may, at his/her expense, record the hearing. Any party to the hearing may be represented by counsel.
(d) An external speaker may be ordered forfeited upon a finding that there is clear and convincing evidence that the external speaker was used to violate this ordinance or any other city ordinance or the motor vehicle or criminal laws of this state;
(e) Following the hearing, the hearing officer who conducted the hearing, shall issue a written decision ordering the forfeiture of the external speaker or ordering the return of the external speaker to its owner, except that the hearing officer who conducted the hearing, shall not order the release of any external speaker that is required to be kept as evidence in any investigation or legal proceeding related to any criminal or motor vehicle offense. If the speaker is ordered to be returned, the applicant shall sign a receipt for the return of the speaker.
(f) Any external speaker that is subject to a bona fide mortgage, assignment of lease or rent, lien, or security interest shall not be ordered forfeited in violation of the rights of the holder of such mortgage, assignment of lease or rent, lien, or security interest.
(g) Any external speaker ordered forfeited shall be disposed of consistent with this ordinance.
(h) If within forty-five (45) days of the delivery of the notice of the right to a hearing under this section, no owner or lienholder of the external speaker has requested a hearing, the external speaker will be considered abandoned and disposed of consistent with this ordinance.
(Ord. No. 1902, 12-7-20)
(Ord. No. 1422, 7-6-06; Ord. No. 1916 , 6-7-21)
• Sec. 18-84. - Variances.
(a) Any person residing or doing business in New Haven, who is negatively affected by the application of this article's provision(s), may seek a variance to engage in the prohibited activity.
An applicant for a variance must supply the following information:
(1) Location and nature of activity;
(3) The time period and hours of operation of said activity;
(4) The nature and intensity of the noise that will be generated; and
(5) Any other information required by the appropriate city authority.
(b) No variance from these regulations shall be issued unless it has been demonstrated that:
(1) The proposed activity will not violate any Connecticut Department of Environmental Protection regulation(s) as amended from time to time;
(2)The noise levels generated by the proposed activity will not constitute a danger to public health, safety, welfare or quality of life; and
(3) Compliance with the regulations constitutes an unreasonable hardship on the applicant.
(Ord. No. 1422, 7-6-06; Ord. No. 1916, 6-7-21)
• Sec. 18-85. - Noise variance review committee.
(a) A noise variance review committee is hereby established to consider variance requests.
(b) This committee shall consist of the city's health director, chief of police, public works director and building official or their respective designees. Additionally, the committee shall include an alder, who is appointed by the president of the Board of Alders.
(c) The committee shall review each variance application, and either approve or reject it within fifteen (15) days of its receipt. The approval or rejection shall be in writing, and shall state the condition(s) of approval, if any, or the reasons for rejection
(d) Failure to rule on the application within the designated time shall constitute approval of the variance.
(Ord. No. 1422, 7-6-06; Ord. No. 1916, 6-7-21)
• Sec. 18-86. - Administration.
The city's health director and chief of police are hereby authorized to make regulations from time to time that are consistent with the state Public Health Code, the regulations of the state Department of Environmental Protection and/or the state Department of Motor Vehicles regarding noise as each is amended from time to time. Such regulations shall become effective upon the Board of Alders’ approval.
(Ord. No. 1422, 7-6-06; Ord. No. 1916, 6-7-21)
• Sec. 18-87. - Contracts.
Any written agreement, purchase order or contract whereby the City of New Haven is committed to expending funds in return for work, labor, services, supplies, equipment, materials or any combination thereof shall not be entered into unless such document 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 this article as it is amended from time to time.
(Ord. No. 1422, 7-6-06; Ord. No. 1916, 6-7-21)
• Sec. 18-88. - Mediation.
(a) If the city's chief of police receives a complaint alleging a violation of this article by noise emanating from construction, demolition, refuse collection or vehicular activity, the chief of police or their designee is expressly authorized to mediate such dispute within forty-eight (48) hours, provided that the following conditions apply:
(1) The chief of police or their designee is satisfied that the complainant is aggrieved by the alleged violation;
(2) There are reasonable grounds to believe that there is a violation of this article; and
(3) The chief of police or their designee determines that the particular facts and circumstances suggest that such mediation may result in a satisfactory resolution of the complaint.
(b) Nothing herein is intended to affect or in any way limit any other procedures established elsewhere in this article, limit any other powers granted to the local authorized officials, or require the city's chief of police to invoke the mediation powers herein established.
(Ord. No. 1422, 7-6-06; Ord. No. 1916, 6-7-21)
• Sec. 18-89. - Effect on other regulations.
All the city's zoning regulations which are more stringent than those set forth herein shall remain in full force and effect. If any word, clause, paragraph or section of this article is held to make the same unconstitutional, this article shall not thereby be invalidated, and the remainder of it shall continue in effect. Any provision herein which conflicts with the Connecticut General Statutes or the state's Public Health Code as each is amended from time to time is hereby repealed, in as much as said statutes and code shall take precedence over this article.
(Ord. No. 1422, 7-6-06; Ord. No. 1916, 6-7-21)
• Sec. 18-90. - Enforcement.
(a) Notwithstanding anything contained herein to the contrary, the city's health director or his/her designee is hereby authorized to enforce this article regarding stationary or fixed noise sources.
(b) Notwithstanding anything contained herein to the contrary, the city's chief of police or his/her designee is hereby authorized to enforce this article regarding mobile noise sources, including refuse collection, demolition, construction, motor vehicle noise and vehicular activities.
(c) Notwithstanding anything contained herein to the contrary, all local authorized officials, including but not limited to zoning enforcement officers, shall have the authority to enforce this article.
(Ord. No. 1422, 7-6-06; Ord. No. 1916, 6-7-21)
• Sec. 18-91. - Appeals.
Any person aggrieved by a decision rendered by the issuer may appeal said decision in accordance with the procedure set forth in the licenses and permits chapter of this Code as it is amended from time to time.
(Ord. No. 1422, 7-6-06; Ord. No. 1916, 6-7-21)