OLR Report 2014-R-0196 answers the question: does the law authorize municipalities to regulate noise generated by outdoor entertainment (e.g., concerts)?
The Office of Legislative Research is not authorized to give legal opinions, and this report should not be construed as such.
State law does not explicitly authorize municipalities to regulate noise generated by outdoor entertainment, but the power to do so is implied in the statutes granting municipalities (1) their general municipal and zoning powers and (2) the authority to adopt noise ordinances (CGS §§ 7-148, 8-2, and 22a-73). Regulations and ordinances typically include (1) restrictions on when and where such entertainment may occur and (2) general limits on noise levels.
By law, municipalities’ (1) legislative bodies may adopt ordinances to, among other things, regulate public amusements and performances and prevent disturbing noises and (2) zoning commissions may adopt regulations specifying land uses that are suitable for an area’s character. In several cases, Connecticut’s courts have upheld, as a legitimate exercise of these general municipal and zoning powers, regulations and ordinances restricting outdoor entertainment that generates loud noises.
Additionally, the law authorizes municipalities to regulate noise by adopting a noise ordinance approved by the Department of Energy and Environmental Protection (DEEP) (CGS § 22a-73). According to DEEP, at least 75 municipalities have noise ordinances. Unless specifically exempted (e.g., by a permit or by the ordinance itself), outdoor entertainment noise is subject to the limits in these ordinances.
For more information, read the full report.
