[HISTORY: Adopted by the 1999 Annual Town
Meeting of the Town of Westwood by Art. 21 (Art. 10, § 24
of the General Bylaws). Amendments noted where applicable.]
A.
For the purpose of controlling and abating disturbing
noise, which either annoys, disturbs or injures or endangers the reasonable
quiet, comfort or repose or the health or safety of others within
the Town of Westwood, and to maintain and promote tranquility of residential
neighborhoods, certain types of activities will be regulated.
B.
It shall be unlawful for any person or persons to
operate or cause to be operated any type of construction machinery,
including but not limited to heavy earthmoving equipment, materials
handling equipment, logging and land clearing equipment, pumps, generators,
and air compressors, powered by any internal combustion or diesel
engine, during certain hours of the day, unless specifically authorized
by the appropriate licensing or permitting authority.
C.
It shall be unlawful to operate or cause to be operated
certain types of electrically powered equipment associated with construction
activity, including but not limited to air-actuated nailing guns,
circular saws, drills and the like, that are utilized for the purpose
of building or assembling construction materials during certain hours
of the day, unless specifically authorized by the appropriate licensing
or permitting authority.
D.
The aforementioned equipment and activities may only
be utilized or carried out from 7:00 a.m. until 7:00 p.m. between
Monday through Saturday, excluding legal holidays. The aforementioned
equipment and activities may not begin prior to 12:00 noon and go
beyond 7:00 p.m. on Sundays, unless a permit to perform such work
or labor has been secured in accordance with MGL c. 136, § 7.
[Amended 5-3-2010 ATM
by Art. 15]
E.
Persons engaged in work on construction sites in residential
neighborhoods shall not employ the use of radios or other noise-producing
entertainment devices in such a manner or with volume at any time
or place so as to annoy or disturb the reasonable quiet, comfort or
repose of persons in any dwelling, or any other type of residence,
or in any office or of any persons in the vicinity.
None of the terms or prohibitions shall apply
or be enforced against:
A.
Emergency vehicles. Any police or fire vehicle or
any ambulance while engaged in necessary emergency business.
B.
Highway and utility maintenance or construction. Necessary
excavation in or repairs to bridges, streets, or highways or any public
utility installation by or on behalf of the Town or any public utility
or any agency of the State of Massachusetts.
C.
Public address. The reasonable use of amplifiers or
loudspeakers for public addresses which are noncommercial in nature.
[Amended 5-3-2010 ATM
by Art. 15]
The first violation of this bylaw shall be punished
by a fine of not more than $100. The second violation of this bylaw
within 12 months after the first violation shall be punished by a
fine of not more than $200. Further violations within 12 months after
the last violation shall be punished by a fine of not more than $300.
Each such act which either continues or is repeated more than 1/2
hour after the issuance of a written notice of violation of this bylaw
shall be a separate offense and shall be prosecuted as a separate
offense. If the violation occurs on the premises of rental property
which has a nonresident owner, then the owner must also be notified
in writing that the violation has occurred.
If any provision of this bylaw is held to be
unconstitutional or otherwise invalid by any court of competent jurisdiction
the remaining provisions of the bylaw shall not be invalidated.
