The Fairfield Police Department generally relies on the following State of Connecticut General Statues when enforcing violations of law related to creating public disturbances, breach of peace, and disorderly conduct, including excessive noise.
- Sec. 53a-181. Breach of the peace in the second degree: Class B misdemeanor.
- Sec. 53a-181a. Creating a public disturbance: Infraction.
- Sec. 53a-182. Disorderly conduct: Class C misdemeanor.
These State statutes do not have any specific noise levels, therefore, the investigating officer will use a reasonableness standard, based on the totality of the circumstance, to determine if a violation has occurred. Officers will consider the time of day, proximity of the noise to homes, type of noise, duration, etc.
There are also State Statutes related to motor vehicle noise.
Additionally, the Town of Fairfield’s Noise Ordinance may be considered by Officers when enforcing violations related to excessive noise.
Below are summaries and/or excerpts from the Town of Fairfield Noise Ordinance made available for ease of understanding. To read the full ordinance please go to the Town of Fairfield’s website at fairfieldct.org/noiseordinance.
Fairfield’s Noise Ordinance prohibits excessive noise during the hours listed below. The determination of a violation is solely within the enforcement agent’s discretion.
- Weekday Schedule:
10:00 p.m. Sunday through 7:00 a.m. on Monday
10:00 p.m. Monday through 7:00 a.m. on Tuesday
10:00 p.m. Tuesday through 7:00 a.m. on Wednesday
10:00 p.m. Wednesday through 7:00 a.m. on Thursday
10:00 p.m. Thursday through 7:00 a.m. on Friday - Weekend Schedule:
10:00 p.m. Friday through 8:00 a.m. on Saturday
10:00 p.m. Saturday through 8:00 a.m. on Sunday - During any state or national holiday, the weekend schedule will be in effect the night before the holiday through the morning of the holiday.
The Town’s Noise Ordinance specifically recognizes that nothing within the ordinance shall prevent the Police Department from proceeding with the enforcement of Connecticut General Statutes related to breach of peace and public disturbance, rather than the provisions of the ordinance.
Exceptions to the ordinance:
- Natural phenomena.
- Any bell or chime from any building clock, school or church.
- Any siren, whistle or bell lawfully used by emergency vehicles or any other alarm systems used in emergency situations; provided, however, that burglar or fire alarms not terminating within 30 minutes after being activated shall be unlawful.
- Warning devices required by the Occupational Safety and Health Administration or other state or federal safety regulations.
- Noise created as a result of or relating to an emergency, including but not limited to, home and commercial generators during periods of lost power.
- Noise created by snow-removal equipment.
- Noise created by certificated aircraft operating under the control of the Federal Aviation Administration.
- Noise created as a result of or relating to maintenance and repairs conducted by public utilities.
- Noise generated from swimming pool pumps, air-conditioning systems and heating systems which are in good working order and which meet the specifications accepted by federal, state and Town agencies designated to govern their installation and standards of performance.
- Noise created by public celebrations and on-site recreational or sporting activities which are sanctioned by the State of Connecticut or the Town of Fairfield, including, but not limited to, parades, sporting events, concerts, and block parties. This exception does not apply to private rentals of town-owned buildings.
- Agricultural activities, when all internal combustion engines are equipped with a properly functioning muffler.
- The unamplified sounding of the human voice.
- Noise created by public school construction.
- Noise created by road maintenance activities of the Department of Public Works and the Water Pollution Control Agency.
- Noise created by refuse and solid waste collection, provided that the activity is conducted between the hours of 6:00 a.m. and 8:00 p.m on weekdays.
- Permitted fireworks conducted after sunset and completed by 10:00 p.m. Fireworks conducted by the Town of Fairfield or its designee(s) for the Independence celebration are fully excluded from these noise regulations at all times.
- Noise created by public demonstrations and/or protests, provided that the activity is conducted during daytime hours.
- Construction, demolition, power tools and home maintenance tools operated between the hours of 7:00 a.m.and 7:00 p.m. on weekdays, and between 9:00 a.m. and 5:00 p.m. on weekends or state/federal holidays. At all other times, these activities shall be subject to the nighttime noise level standards specified in § 78-5.
- Blasting authorized by the State of Connecticut or the Town of Fairfield conducted between 8:00 a.m. and 5:00 p.m.
- Landscaping and/or yard maintenance equipment operated between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, and between 8:00 a.m. and 8:00 p.m on weekends or state/federal holidays. At all other times, these activities shall be subject to the nighttime noise level standards specified in § 78-5.
- Maintenance of town playing fields and public and private golf courses
- Any person who owns or operates any stationary noise source granted a variance pursuant to Section 22a-69-7.1 of the Regulations of Connecticut State Agencies shall be exempt from provisions of this chapter by said variance. Any person seeking a variance pursuant to Section 22a-69-7.1 of the Regulations of Connecticut State Agencies shall not be subject to the provisions of this chapter while the variance application is pending.
Variances:
Any person living or doing business in the Town of Fairfield may apply to the Chief of Police for a variance from one (1) or more of the provisions of the Noise Ordinance provided that the applicant supplies all of the necessary information to the Chief of Police at least twenty (20) days prior to the start of the activity for which the variance is sought. The application for a variance shall be reviewed and approved or rejected at least five (5) days prior to the start of the proposed activity. Approval or rejection shall be made in writing and shall state the condition(s) of approval, if any, or the reason(s) for rejection. A failure to rule on an application within the designated time shall constitute approval of the variance.
To apply for a variance, go to fpdct.com/noisevariance/