[HISTORY: Adopted by the City Council of
the City of Haverhill as Secs. 23-4 and 23-22 of the 1963 City Code;
amended in its entirety 8-8-2006 by Doc. 155[1] (Ch. 182 of the 1980 Code). Subsequent amendments noted
where applicable.]
No person shall ring, operate or use nor cause
to be rung, operated or used any bell, horn, whistle, radio, noisemaking
device or other instrument in, on or adjacent to any street, place
or way nor utter any boisterous outcry in, on or adjacent to any such
street, place or way to give notice of any business or calling, announce
news, advertise or promote the sale of any article or thing without
a permit therefor granted by the Chief of Police upon written application
to and under conditions imposed by him.
Every application for a permit hereunder shall
state the name of the applicant, the place where the permitted article
is to be stationed or used, the period during which it is to be operated,
whether the operation is to be constant or intermittent and such further
information as may be required by the Chief of Police.
No person other than musicians in a lawful and
authorized parade or procession, or itinerant musicians or other persons
licensed thereto by the Chief of Police, shall, in any street or way
or public place, ring or blow or cause to be rung or blown any bell
or horn except as a warning of danger or use or play upon or cause
to be used or played upon any musical or noisemaking instrument.
A.
No person shall make or cause to be made any unreasonable
or excessive noise, by or from whatever means or from whatever source.
B.
dBa
LOUD AMPLIFICATION DEVICE or SIMILAR EQUIPMENT
UNREASONABLE OR EXCESSIVE NOISE
(1)
(2)
As used herein, the following terms shall have the
following meanings:
A-weighted sound level in decibels, as measured by a general
purpose sound level meter complying with the provisions of the American
National Standard Institute Specifications for Sound Level Meter,
properly calibrated, and operated on the "A" weighting network.
A radio, television, phonograph, stereo, record player, tape
player, cassette player, compact disc player, loudspeaker, or sound
amplifier, which is operated in such a manner that it creates unreasonable
or excessive noise.
Noise measured in excess of 50 dBa between the
hours of 11:00 p.m. and 7:00 a.m. or in excess of 70 dBa at all other
hours; or
Any noise plainly audible at a distance of 100
feet or, in the case of loud amplification devices or similar equipment,
noise plainly audible at a distance of 100 feet from its source by
a person of normal hearing.
The use of any device whose purpose it is to
protect an owner's vehicle from damage and/or theft through the mechanical
creation of a noise of sufficient magnitude to be plainly audible
at a distance of 100 feet from such device which does not automatically
terminate any such noise within five minutes shall be declared an
unlawful use of a noisemaking instrument.
No erection, demolition, alteration, or repair
of any building or structure and excavation in regard thereto, including
gravel permit activities and operations, shall be allowed except between
the hours of 7:00 a.m. and 7:00 p.m., except in the interest of public
safety or welfare as determined by the Building Inspector. The allowed
hours of operation shall be included on every building permit or other
permit for the above activities issued by the City. The Building Inspector's
decision may be appealed pursuant to § 255-75 of the City
Code.
It shall be unlawful for any person, except
in emergencies by public utility companies or by any City department,
to operate any construction device(s), including but not limited to
impact devices, on any construction site if the operation of such
device(s) emits noise, measured at the lot line of an abutting residential
lot, in excess of 50 dBa between the hours of 6:00 p.m. and 7:00 a.m.
A.
It shall be unlawful for any person or persons to disturb the peace by causing or allowing to be made any unreasonable or excessive noise, including but not limited to such noise resulting from the operation of any radio, phonograph or sound related producing device or instrument, or from the playing of any band or orchestra, or from the use of any device to amplify the aforesaid noise, or from the making of excessive outcries, exclamations, or loud singing or any other excessive noise by a person or group of persons, or from the use of any device to amplify such noise; provided, however, that any performance, concert, band, group or person who has received and maintains a valid license or permit from the Chief of Police, pursuant to § 182-1 or 182-3, shall be exempt from the provisions of this section.
B.
Any person aggrieved by such disturbance of the peace
may complain to the police about such unreasonable or excessive noise.
The police, in response to each complaint, shall verify by use of
the sound level meter described herein that the noise complained of
does exceed the limit described herein and, if so, may thereupon arrest
and/or make application in the appropriate court for issuance of a
criminal complaint for violation of MGL c. 272, § 53, which
sets forth the penalties for disturbing the peace.
It shall be unlawful for any person in any area to operate a loud amplification device or similar equipment, as defined in § 182-4B, in or on a motor vehicle, which is either moving or standing in a public way.
It shall be unlawful for any person in any area of the City to operate a loud amplification device or similar equipment, as defined in § 182-4B, in a dwelling house or on the land or other premises of such dwelling house.
The provisions set forth in the Code of Federal
Regulations, Section 201 (Subparts 1 - C), Noise Emission Standards
for Transportation Equipment; Interstate Rail Carriers, as authorized
by the Noise Control Act of 1972 (Pub. L. 92-574, 86 Stat. 1234),
shall be hereby adopted and enacted in its entirety. Any and all rail
carriers, as defined in said regulations, whether interstate or intrastate,
shall comply with the noise emission standards and procedures set
forth within said regulations while operating within the City.
It shall be unlawful to own, possess or harbor
any animal which frequently or for continued duration makes sounds
which create a noise disturbance across a residential real property
boundary.
Any of the provisions of this chapter may be enforced by any police officer. Section 182-6, 182-7, 182-12, 182-13, 182-14 or 182-15 may be enforced by agents of the Board of Health or the Building Inspector. Section 182-13 may be enforced by the Animal Control Officer. The Housing Court or the District Court, if applicable, may enforce violations of these sections.
A.
Any person who violates any of the provisions of this chapter shall for the first offense be fined $50. The enforcing person shall make a record of the complaint, and such record shall include the following information, to the extent that it is available: name and address of person violating; name and address of landlord, if applicable; date; time; motor vehicle registration number, if applicable; and location of the violation. If the violator refuses to give the above-noted information or if any information proves false, said person shall be punished by a fine of an additional $50. The enforcing person shall give the violator a notice of the violation and fine, and the violation and fine may be disposed of pursuant to § 1-16B. A copy of each violation notice shall be sent to the landlord and to the school at which the violator is enrolled, when applicable.
B.
No landlord or person in charge of a residential structure
shall permit or suffer the repeated violations of this chapter, after
notice thereof. Such person shall be punished at the time of a subsequent
violation, and every violation thereafter within 12 months of the
first violation, by a fine of $100 in the case of the second violation
and $300 for each thereafter. It shall be a defense that the landlord
or person in charge of a residential structure shall have made a good-faith
effort to prevent violations, including the seeking of a court order
or commencement of a summary process action.
C.
All fines hereunder may be recovered by the noncriminal disposition procedures pursuant to § 1-16B; provided, however, that if a violator fails to follow the procedures and requirements of said § 1-16B and MGL c. 40, § 21D, the fine or fines shall be recovered by indictment or a complaint pursuant to MGL c. 272, § 53.
A.
Notwithstanding the provisions of any other ordinance, if a person is arrested by a police officer under the authority of the General Laws, without limitation to the provisions of MGL c. 272, § 54, for disturbing the peace under MGL c. 272, § 53, or any applicable General Laws, the arresting officer may, pursuant to said General Laws, seize any loud amplification device or similar equipment, as defined in § 182-4B, as evidence. In the event of such seizure for evidence by a police officer incident to such arrest, said amplification device or similar equipment shall be inventoried and held by the Police Department or its agents pursuant to its established policies, and shall be returned to its owner according to the terms of this section, unless a court of competent jurisdiction orders otherwise.
B.
The arresting officer, in addition to any other reports
or procedures required of him, shall give the person claiming to be
the owner of said loud amplification device or similar equipment a
receipt indicating where, when, and for what reason said device or
equipment was seized, and for what purpose it is being held. Copies
of said receipt shall be filed in the Police Department and shall
be made available to the court. No receipt shall be redeemed and no
such device or equipment shall be returned to any person unless and
until all judicial proceedings that may be held regarding the criminal
allegations shall have been concluded; provided, however, that if
a motor vehicle shall be seized incident to an arrest, such motor
vehicle may be returned to its registered owner if said loud amplification
device or equipment has been duly removed therefrom with the written
permission of the registered owner of said motor vehicle. In such
cases, the Police Department shall provide said owner with a receipt
for the removed device or equipment as herein provided.
The following are exempted from the above provisions
and shall not be considered unreasonable or excessive noise for purposes
of this chapter:
A.
Noise from police, fire, ambulance and civil and national
defense activities, or in training exercises related to emergency
activities.
B.
Parades, public gatherings, or sporting events, for
which permits have been issued or which are supervised by the School
Department or the Human Services Department.
[Added 4-21-2020 by Doc. 57[1]]
No person or other legal entity shall operate or allow to be
operated an unattended self-service car wash facility except between
the hours of 7:00 a.m. and 9:00 p.m. The allowed hours of operation
shall be included on every occupancy permit or other permit for such
a facility issued by the City.
[1]
Editor's Note: This ordinance also provided a thirty-day window
to implement.
