Sec. 22-26g. Noise-making devices used in agriculture to repel wildlife. Permits.
Sec. 22-26g. Noise-making devices used in agriculture to repel wildlife. Permits. (a) No person may use any noise-making device to scare or repel wildlife in order
to prevent the damage and destruction of agricultural crops unless such person obtains
a permit for each such device from the Commissioner of Agriculture. Notwithstanding
any provision of the general statutes or any provision of a municipal ordinance, which
ordinance is adopted after June 21, 1967, a person engaged in agriculture may make
written application to the commissioner for such a permit on forms prescribed by the
commissioner. The commissioner, or his designee, shall make an on-site inspection
prior to making a final determination regarding an application for such permit. Prior to
the issuance of such permit, the applicant shall provide evidence of the need for protection of his crops and a description of other methods employed to prevent crop damage.
The term of the permit shall be for the period for which protection of the crops specified
in the application is necessary.
(b) The application shall state (1) the type of noise-making device to be used, (2)
the location of the farm where such device will be used, (3) the locations on the farm
where such device will be used, (4) the animal causing damage, (5) the crops to be
protected, (6) the hours and interval of operation, (7) the period for which protection is
needed, and (8) the name, address and signature of applicant or landowner, if different.
(c) The commissioner may authorize the use of the following in permits issued
under this section: Propane exploders, acetylene exploders, carbide exploders, electronic noisemakers and similar noise-making devices. The use of fire crackers and similar explosives is prohibited. No permit shall be issued for the use of any noise-making
device for a property of less than five acres in area or for use within five hundred feet
of any dwelling, other than the dwelling of the applicant for such permit, without the
written consent of the occupants of such dwelling.
(d) No person may operate or allow the operation of noise-making devices pursuant
to this section in excess of 80 dB peak sound pressure level from ten o'clock p.m. to
seven o'clock a.m. local time or in excess of 100 dB peak sound pressure level from
seven o'clock a.m. to ten o'clock p.m. local time. Such sound level shall be as measured
from the property line of any receptor residential property.
(e) No noise-making device shall be used in any manner or in any location that may
endanger public safety. Any noise-making device permitted under this section to repel
or scare birds may only be operated from one-half hour before sunrise to one-half hour
after sunset. Any such noise-making device used to repel or scare nocturnal or crepuscular marauding wild animals may be operated between sunset and sunrise.
(f) If the legislative body of any municipality adopts a resolution which states that
there is undue hardship on nearby residents as a result of the use of any device permitted
under this section, and which requests that the commissioner deny or cancel the right
to use such device, the commissioner, in accordance with the provisions of chapter 54,
may deny or cancel a permit to use such device if he determines that its use creates, or
will create, an undue hardship on nearby residents. In making any such decision, the
commissioner may consult with any county or state-wide advisory group he deems
appropriate.
(g) The Commissioner of Agriculture may revoke a permit issued pursuant to this
section for violation of any provision of this section provided the commissioner shall
revoke such permit for not less than one year upon the third violation of this section by
any such permittee.
(P.A. 93-222, S. 1, 3; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 93-222 effective July 1, 1993; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with
Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30
Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective
June 1, 2004.