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Problem Tenant in Condominium Association, Now Problem Association.



"bryan"
10/16/2004 6:59:00 PM


roblem Tenant in Condominium Association, Now Problem Association.
I need help with deciphering these city ordinances, please:
A. It is 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.
B. Noise level standards :
Receptor' s Zone
Emitter' s Zone Industrial Commercial Residential/Day
Residential/Night
Residential 62 dBA 55 dBA 55 dBA 45 dBA
Commercial 62 dBA 62 dBA 55 dBA 45 dBA
Industrial 70 dBA 66 dBA 61 dBA 51 dBA
C. High background noise levels and impulse noise.
1. In those individual cases where the background noise levels caused
by sources not subject to these regulations exceed the standards contained
in this chapter, a source shall be considered to cause excessive noise if
the noise emitted by such source exceeds the background noise levels by five
dBA, provided that no source subject to the provisions of this chapter shall
emit noise in excess of eighty (80) dBA at any time, and provided that this
section does not decrease the permissible levels of other sections of this
chapter.
2. No person shall cause or allow the emission of impulse noise in
excess of eighty (80) dB peak sound pressure level during the nighttime to
any residential noise zone.
3. No person shall cause or allow the emission of impulse noise in
excess of one hundred (100) dB peak sound pressure level at any time to any
zone.
D. Exclusions. These levels shall not apply to noise emitted by or
related to:
1. Natural phenomena;
2. Any bell or chime from any building clock, schools 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 or intrusion alarms attached to a motor vehicle not terminating
within ten minutes after being activated shall be unlawful and that burglar
or intrusion alarms attached to any building or structure not terminating
within thirty (30) minutes after being activated shall be unlawful; and
provided that the repetition of activation of the audible signal of a
burglar or intrusion alarm due to malfunction, lack of proper maintenance,
or lack of reasonable care shall not be excluded and shall be unlawful;
4. Warning devices required by OSHA or other state or federal safety
regulations;
5. Farming equipment or farming activity operated within an area used
for strictly farming.
E. Exemptions. The following shall be exempt from these regulations
subject to special conditions as spelled out:
1. Noise created as a result of, or relating to an emergency;
2. Noise from domestic power equipment such as, but not limited to,
power saws, sanders, grinders, lawn and garden tools or similar devices
operated during daytime hours, provided that noise discharged from exhausts
is adequately muffled to prevent loud and/or explosive noises therefrom;
3. Noise from snow removal equipment operated by the city, provided
that such equipment shall be maintained in good repair so as to minimize
noise, and noise discharged from exhausts shall be adequately muffled to
prevent loud and/or explosive noises therefrom;
4. Noise created by any aircraft flight operations which are
specifically preempted by the Federal Aviation Administration;
5. Noise created by any recreational activities which are permitted
by law and for which a license or permit has been granted by the town,
including, but not limited to, parades, sporting events, concerts and
firework displays;
6. Noise created by refuse and solid waste collection provided that
the activity is conducted during daytime hours;
7. Noise generated by any construction equipment which is operated
during daytime hours, provided that operation of construction equipment
during night-time hours shall not exceed the maximum noise levels as
specified in Section 8.80.040, except that those building operations
prohibited by subsection 80.80.050(C)(7) are prohibited regardless of
whether or not they exceed the maximum noise levels. (Ord. dated 11/3/03;
Ord. dated 10/2/00: Ord. dated 5/1/00: prior code
My situation is as follows:
I live in the largest city in CT. Bridgeport to be exact. It is the nicest
section in the city. The owner of the unit directly above sold it to a young
man who then proceeded to rent it by the month to his parents neighbors
loser crack smoking son who hasn't been very respectful of his neighbors and
nobody was willing to confront him except me.
I went through diplomatic solutions with this druggie about the paranoid
pace and general business sounds emanating on my ceiling until early morning
(3:30a) hours with no results. I contacted his young new owner about this
problem. the young man expressed his own concern about his discussion with
this druggie and stated he was frightened the guy would trash the place if
he really played hardball in removing him. This has been some 6 plus months
and still ongoing.
I contacted the Condo Association about this, they agreed that he was a
menace to security and obviously was incapable understanding responsibility
and respect for others. The association agreed, but I heard nothing about
the status on his removal. The crap hit the fan again the other night. My
girl was awoken by his busy bee thuds/thumps and went upstairs knocked on
his door. The response was the usual. The noise got worse even a deliberate
loud thump on the bedroom ceiling which startled me in the other adjoining
room. I called the cops and shouted up the hallway that he needs to knock it
off already.
He flipped, threatened me and even went so far as to bang on my door for a
toughman Dual. The police arrived in time to hear him repeatedly
deliberately banging on my ceiling with total loose of control. They almost
arrested him.
I contacted the Association again and asked the status of removing this
crackhead. The President wasn't available and I asked for a call back. It
never came. I called again 5 days later this time speaking with the
President and she agreed that this man needed to be removed, the young owner
admitted a mistake and he was in the process of removing him, when exactly
is a secret.
Here's where I really need some advice.
The Condo Association came back at me for my the level of my TV/Stereo/Home
Theater levels during the day time, it is off or at respectable of other
levels throughout the evening. This wasn't a surprise since the President is
a school teacher/reader/non audio video type person/who dreams of quiet. My
condo is on Rte. of this city. The roadway is 4 blocks from I-95 and has
heavy traffic, including delivery trucks and all that comes with being in
the city. My windows are at minimum 20 ft from this state route. It is loud
in my condo when windows are closed in the winter with SPL reaching above
75dbs and higher readings during windows open better weather seasons.
My question to you is what are my legal db limits of this city regarding my
neighborhood? The associations bylaws are vague and only mention noise after
10pm and I have found out that these bylaws can only be enforced at this
time. The neighborhood has a considerabl
 
 
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