[HISTORY: Adopted by the Annual Town Meeting of the Town of Belchertown 5-10-1999
by Art. 21. Amendments noted where applicable.]
No person owning, leasing or controlling a source of sound shall willfully,
negligently or through failure to provide necessary equipment, service or
maintenance or to take necessary precautions cause, suffer, allow or permit
unnecessary emissions from said source of sound that may cause noise.
A.
Section 82-1 shall pertain to, but shall not be limited to, prolonged, unattended sounding of burglar alarms; construction and demolition equipment which characteristically emits sound but which may be fitted and accommodated with equipment, such as enclosures, to suppress sound or may be operated in a manner so as to suppress sound; suppressible and preventable industrial and commercial sources of sound and other man-made sounds that cause noise.
B.
Said section shall not apply to sounds emitted during
and associated with:
(1)
Parades, public gatherings or sporting events for which
permits have been issued, provided that said parades, public gatherings or
sporting events in one city or town do not cause noise in another city or
town;
(2)
Emergency, police, fire and ambulance vehicles;
(3)
Police, fire and civil and national defense activities;
and
(4)
Domestic and agricultural equipment, such as, but not
limited to, lawn mowers and power saws, between the hours of 7:00 a.m. and
9:00 p.m.
Violation of this chapter shall be subject to noncriminal disposition
pursuant to the provisions of MGL c. 40, § 21D. For purposes of
noncriminal disposition, the penalty to apply in the event of a violation
shall be a written warning for the first offense, $150 for the second offense
and $300 for each subsequent offense. Each day on which a violation exists
shall be deemed to be a separate offense. The enforcement agents shall be
police officers, the Zoning Enforcement Officer, Board of Health members or
the Director of Health.
