Council Members To ‘Legislate Consideration’

Through Proposed Noise Ordinance

By John Voket

Newtown’s Legislative Council is close to seeking state approval and public comment on a proposed noise ordinance that has been in the works for more than four years. During a Monday meeting of the ordinance subcommittee, District II Councilwoman Peggy Baiad, expressed frustration over having to “legislate consideration” through a municipal action.

Citing avoidable annoyances such as barking dogs, construction equipment, motorcycles, and all terrain vehicles (ATVs) among the most frequent causes of local complaints, she and other members of the council weighed language that applied to both scientific and subjective measurements of invasive noise. Since introducing the concept, the group has examined approved noise ordinances from across the state as well as several from out of state, and members appeared to be close to producing a final draft.

“At least 20 Connecticut municipalities have noise ordinances, and all have been approved by the state Department of Environmental Protection,” she said. “We used elements of every one of them to create our [draft] proposal.”

Ms Baiad said she and Councilman Francis Pennarola combed through ordinances from communities including neighboring Brookfield, Danbury, and Bethel, but also considered legislation from towns as far away as Hartford, Manchester, and Old Saybrook. Although the state has had noise statutes on its books for decades, Ms Baiad said state and local law enforcement agencies generally stopped enforcing them in 1991 when the DEP’s noise control unit was disbanded because of a lack of funding.

The Borough of Newtown attempted to enact a noise ordinance about five years ago, but that action failed to meet approval of the DEP, which remains the regulatory office for such proposals today.

During discussion, issues involving decibel level measurement and enforcement were clarified. Ms Baiad said across Connecticut, some towns enforce their noise legislation through building, health, or zoning officials, but the subcommittee hopes to coordinate local enforcement through the Newtown Police Department.

Earlier this year, Police Chief Michael Kehoe said he was committing two officers to begin training on the equipment and implementation of the state statutes related to noise disturbance. The training, according to Chief Kehoe, was being provided in anticipation of a local noise ordinance, and specifically focused on sound level measuring equipment and how to conduct field testing.

While Major Jay Purcell of the Brookfield Police Department said his officers would gladly lend Newtown their sound measuring handheld decibel when needed, the ordinance committee members agreed that the approximate $1,600 expense for Newtown to have its own device seemed an appropriate expenditure.

“I don’t think we want our officers driving to the Brookfield border to meet their officer to borrow their meter whenever there is a [qualified] noise complaint,” Ms Baiad said. “I think for $1,600, we can afford to get at least one of our own meters.”

During the process of producing one of the two proposals on the table Monday evening, committee members closely examined Ridgefield’s ordinance, which provided much of the boilerplate language for the local draft. Council members admitted the language identifying three zones in that community would likely be expanded to accommodate the greater diversity of industrial, commercial, residential, and farm neighborhoods here in Newtown.

Ms Baiad reviewed some of the more interesting specifics related to other community ordinances as well. She noted that several communities specifically addressed noise issues related to trash and recycling collection, and that certain towns had much more stringent daytime versus evening parameters in their legislation.

“In Stamford, their garbage collection can only occur between 8 am and 8 pm on weekdays, and 7 am to 10 pm on weekends, but other daytime noise standards are enforced between 10 am and 8 pm,” she said.

Once a final draft of a proposed noise ordinance is crafted for submission it would go to the overall council for review and consideration. Council chairman Will Rodgers, who was on hand for the subcommittee meeting, suggested the ordinance would then go to the Police Commission and Chief Kehoe for their endorsement before calling a public hearing.

The next step would be to incorporate any further revisions, send the ordinance back to the council for approval, and then to Hartford for DEP approval. Only upon final DEP approval could the police department establish protocol and execute practices related to the new ordinance.

Mr Rodgers said during Monday’s meeting that he believes the new ordinance should incorporate the necessary scientific criteria to ensure it passes state approval, but also suggested additional language be added.

“I know you decided to go the decibel route, but specific concerns in my neighborhood involve the continuous operation of noisy machinery all weekend, on holidays, all through Memorial Day weekend it was going,” he said. “Instead of just specifying the level of decibels, how about including something about limiting the continuous hours of operation. I’ve got people in my neighborhood that will fire up their motorized equipment at 7:01 or 8:01 in the morning, whenever they feel it’s a reasonable hour.”

Ms Baiad empathized with the chairman, noting that she had issues in her own neighborhood with barking dogs.

“People shouldn’t just leave their dogs out to bark during the day. Some people work late, or work nights and it’s not fair to them when they have to be disturbed by a dog that’s barking,” she said. “It’s just too bad it’s come to a day when we have to legislate consideration.”

Councilman Tim Holian tendered the suggestion that council members prepare a handout for residents explaining the ordinance and citing specific sound levels related to common noises. “We need to tell them a lawnmower should be within a certain range of decibels so they know what they’re dealing with,” Mr Holian said.

Mr Rodgers also specified he wanted to see language from other approved ordinances that makes it clear police may enforce additional laws in the event they determine particular incidents exceed to the point of becoming a breach of the peace or public disturbance.

“I wouldn’t want them basing enforcement just on the decibel levels if the duration of the disturbance constitutes breach of peace,” he said.