Nuisances

Whereas, the Town of Stonington is a community characterized by diverse activities occurring in close proximity to each other; and

Whereas, certain kinds of residential and non-residential activities, even though lawful, can constitute a nuisance if not conducted with restraint, commonsense, and a recognition of the need and desire for quiet enjoyment of property by others; and

Whereas, the Town requires a regulatory vehicle to protect its resident from the most egregious nuisance activities, while allowing necessary and customary residential, commercial, industrial and institutional operations to continue, grow and prosper.

BE IT ORDAINED BY THE LEGAL VOTERS OF THE TOWN OF STONINGTON IN LAWFUL TOWN MEETING DULY ASSEMBLED, THAT THE FOLLOWING ORDINANCE BE ESTABLISHED BY THE TOWN OF STONINGTON:

Pursuant to the authority vested in the Town of Stonington through Section 7-148 (c)(7)(E) and Section 7-148(c)(7)(H)(xiii) of the Connecticut General Statutes and to ensure the public health, safety and welfare of the residents of the Town of Stonington.

1.1  It shall be unlawful for any person to create, make, permit or allow unreasonably loud, disturbing, or unnecessary activity or noise if generated to such a volume as to be objectionable when heard within the confines of a residential home or residential premises before 6:00 a.m. and after 10:00 p.m. Monday through Saturday and before 8:00 a.m. and after 10:00 p.m. on Sunday.  Such activity or noise shall violate this Ordinance when it is of such character, intensity or duration as to be detrimental to the quiet, comfort, repose, life or health of others, and is reasonably capable of being performed during hours other than the hours set forth above; or is reasonably capable of being performed in a way which would produce a lesser impact on the quiet, comfort, repose, life or health of others.  A solitary act, a single occurrence or an activity or noise of limited duration would not be a violation of this Ordinance.

1.2  Exemptions.

Activitiesof police, fire, ambulance and civil preparedness departments and their personnel; and of public utility maintenance and repair equipment, including solid waste removal vehicles and equipment, and snow removal equipment.

Places of public amusement under the supervision and control of the Town of Stonington.

Annual or semi-annual events of non-profit organizations or patriotic or public celebrations, such as, parades, carnivals and fireworks displays, provided that a permit for same has been obtained in advance from the Planning & Zoning Commission, Board of Selectmen or Chief of Police as may be applicable.

Noises created by emergency generators at anytime that they are being used because of power outages provided that such equipment shall be maintained in good repair so as to minimize noise.  Noise which is discharged from exhausts shall be adequately muffled to prevent loud or explosive noise therefrom.

Noises created by any heating or cooling units, whether free standing or attached to a building.  Examples include, but are not limited to, home or window mounted air conditioners, refrigerated trucks, and commercial chill or freezer units.

Noises or activities which are integral or accessory to marine fisheries, seafood handling, marinas, and other water dependent uses, as such uses are defined in the Coastal Management Act, Conn. Gen. Stats. Section 22a-90, et. seq., as amended; or as determined by the zoning commission having jurisdiction over the site.

Industrial or commercial activities which are operating in conformance with the terms of any site plan approval, special permit, special exception, or other zoning approval obtained from the zoning commission having jurisdiction over the site, or its authorized agent; and of any zoning regulations in force at the time of such approval; or any legal non-conforming use.

1.3  Enforcement:

The Department of Police Services shall be responsible for the enforcementof any prohibitive activity covered by this Ordinance.  When it has been determined by the Police Department that a violation has occurred it shall give notice to any person responsible to cease any such activity.

1.4  Penalty for Violation.

Any person in violation of any of the provisions of this ordinance shall be fined inan amount not to exceed One Hundred ($100.00) Dollars.  Each day on which a violation occurs or continues after the time for correction of the violation given in any order has elapsed shall be considered a separate violation of this ordinance.

1.5  All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

This Ordinance shall become effective fifteen (15) days after publication in a newspaper having a substantial circulation within the Town.

Adopted April 14, 1997
Effective May 3, 1997