[HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 33. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 5.
Animals — See Ch. 9.
The Town of Lexington finds that excessive or unwarranted noise jeopardizes the health, safety, and welfare and degrades the quality of life of its citizens.
A. 
The purpose of this by-law is to protect the citizens of Lexington from excessive or unwarranted noise. 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 excessive or unwarranted noise.
B. 
This by-law shall apply to the control of all sound originating within the limits of the Town of Lexington and shall be consistent in scope and application with the relevant state and federal statutes and regulations.
C. 
Noise-related provisions of Chapter 9, Animals, may be enforced under this by-law.
D. 
All Town departments and agencies shall, to the fullest extent consistent with federal and state laws and regulations, carry out their programs in such a manner as to comply with this by-law.
E. 
Provisions in this by-law shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law.
When used in this by-law, the following definitions shall apply:
BLAST HOLE DRILLING
A technique whereby a hole is drilled into the surface of a rock, packed with explosive material and detonated. The aim of this technique is to induce cracks in the inner geology of surrounding rock, in order to remove rock and ledge.
[Added 3-18-2024 ATM by Art. 29]
BROADBAND NOISE
Any sound that contains a broad range of tonal sounds.
COMMERCIAL LANDSCAPER
A person or entity that receives compensation to utilize landscape maintenance equipment on another's property.
[Added 11-8-2021 STM by Art. 10]
CONSTRUCTION
Any site or building preparation, assembly, erection, substantial repair, alteration, destruction or similar action for public or private rights-of-way, structures, utilities, or similar property.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
EXCESSIVE OR UNWARRANTED NOISE
Any noise that disturbs a reasonably prudent person or results in noise pollution or noise injury.
LANDSCAPE MAINTENANCE EQUIPMENT
Gas- or electric-powered lawn mowers, hedge trimmers, weed whackers, leaf blowers, and other equipment used in landscaping or lawn care.
[Added 11-8-2021 STM by Art. 10]
LEDGE WORK
Ledge removal, rock breaking, percussive breaking, rock pounding, rock crushing, rock drilling or rock cutting.
[Added 3-18-2024 ATM by Art. 29]
LEGAL HOLIDAYS
All legal holidays recognized by the commonwealth and those recognized by the Town of Lexington as identified on a list to be approved by the Select Board.
[Added 3-18-2024 ATM by Art. 29]
MOTOR VEHICLE
Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semitrailers, campers, tractors, go-carts, snowmobiles, all-terrain vehicles, motorized scooters, racing vehicles, or motorcycles.
NOISE INJURY
The condition resulting from any sound that:
A. 
Could cause, or allow to cause injury to the health of humans;
B. 
Endangers or injures personal or real property; or
C. 
Exceeds the applicable maximum permissible noise levels, Air Force Standard AFOSHSTD 48-19, "Hazardous Noise Program," dated 31 March 1994.
NOISE LEVEL
Measured property of sound, which for the purpose of this by-law, will be expressed in A-weighted decibels (dBA), obtained with a Type I or II sound level meter as specified under American National Standards Institute (ANSI) standards.
NOISE POLLUTION
The condition resulting when: a broadband sound source raises the noise level by 10 or more dBA above the ambient noise; or a tonal sound source raises its octave band noise level by three decibels or more above the adjacent octave band levels. These threshold levels are identical to those in the Massachusetts Division of Air Quality Control (DAQC) Policy 90-001 (2001).
PERCUSSIVE BREAKING or HAMMERING
The breaking of rock, bedrock or ledge by repeated blows of a heavy bit or a chisel inside a casing pipe controlled by heavy equipment.
[Added 3-18-2024 ATM by Art. 29]
ROCK BREAKING
The removal of boulders or bedrock from land by drilling, blasting, percussive breaking, crushing, processing or splitting.
[Added 3-18-2024 ATM by Art. 29]
TONAL SOUND
Any sound that has the characteristics of a pure tone, whine, hum or buzz.
Generation of excessive or unwarranted noise is prohibited, except as provided by §§ 80-5 and 80-8 of this by-law. In addition, the following restrictions shall apply:
A. 
Construction/private service/maintenance power equipment.
[Amended 6-1-2020 ATM by Art. 27; 3-18-2024 ATM by Art. 29]
(i) 
Contractors are permitted to operate tools or equipment used in construction, excluding ledge work, in a manner such that this operation creates noise across a real property boundary that would disturb a reasonably prudent person only on weekdays between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00 a.m. and 5:00 p.m. Such operation is not permitted on Sundays and legal holidays.
(ii) 
Residents are permitted to operate tools or equipment used in construction, excluding ledge work, on their own property, in a manner such that this operation creates noise across a real property boundary that would disturb a reasonably prudent person only on weekdays between the hours of 7:00 a.m. and 9:00 p.m. and on Saturdays, Sundays and legal holidays only between the hours of 9:00 a.m. and 5:00 p.m.
(iii) 
Blasting and the use of powered equipment for ledge work and in the breaking of pavement, including but not limited to hydraulic or pneumatic hammers, by contractors and residents is permitted on weekdays only between the hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays, Sundays, and legal holidays. In addition, contractors and residents shall be required to comply with all applicable noise mitigation measures and requirements as provided by § 80-8 of this bylaw.
B. 
Commercial trash collection. The operation of commercial trash compactors or collection of trash, rubbish, refuse or debris, which generates excessive or unwarranted noise at any point of public or common pass-by between the hours of 11:00 p.m. and 6:00 a.m. is prohibited.
C. 
Commercial deliveries or pickups. Deliveries or pickups for commercial or business purposes between 11:00 p.m. and 6:00 a.m. are prohibited unless the noise level of such deliveries or pickups in nearby residential areas does not cause excessive or unwarranted noise.
D. 
Electronic devices and musical instruments. No person owning, leasing or controlling the operation of any electronic device or musical instrument shall willfully or negligently cause or permit excessive or unwarranted noise.
E. 
Fixed plant equipment. Excessive or unwarranted noise caused by fixed plant equipment such as, but not limited to, air conditioners, pumps, fans, furnaces, compressors, engines, ventilation equipment and similar fixed plant equipment is prohibited.
F. 
Motor vehicle alarms. No person owning, leasing, renting or otherwise in control of a motor vehicle will permit the sounding of any horn, alarm or other signaling device for any period of time exceeding 10 minutes. Automatic alarm systems must be programmed to reset within 10 minutes and may not activate again within the next 60 minutes. A police officer observing any horn, alarm or other signaling device that fails to comply with this section will direct an owner, operator, renter or person in control of the vehicle to silence the motor vehicle alarm. If, after making a reasonable attempt to contact the vehicle owner, operator, renter or person in control of the vehicle (or if that person refuses to comply), the officer may enter the vehicle to shut off or otherwise disconnect the power source. If unsuccessful, an authorized towing agency may be used to remove the motor vehicle to an approved storage area. The registered owner of the motor vehicle will be responsible for all reasonable costs, charges and expenses incurred for the silencing of the alarm, removal and/or storage of the motor vehicle.
G. 
Stationary engine run-up. Permitting, allowing or causing generation of excessive or unwarranted noise at any point of public or common pass-by through the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes is prohibited.
H. 
[Amended 11-8-2021 STM by Art. 10]
(1) 
The outdoor use of landscape maintenance equipment by commercial landscapers shall be limited to the following days and hours:
(a) 
Monday — Friday: 7:00 a.m. to 6:00 p.m.
(b) 
Saturdays: 9:00 a.m. to 5:00 p.m.
(2) 
The outdoor use of landscape maintenance equipment by persons other than commercial landscapers shall be limited to the following days and hours:
(a) 
Monday — Friday: 7:00 a.m. to 8:00 p.m.
(b) 
Saturdays, Sundays, and legal holidays: 9:00 a.m. to 5:00 p.m.
(3) 
The outdoor use of landscape maintenance equipment by the Town or Town contractors on Town property shall be limited to the following hours:
(a) 
Monday — Friday: 7:00 a.m. to 8:00 p.m.
(b) 
Saturdays: 9:00 a.m. to 5:00 p.m.
(4) 
Landscape construction work shall be governed by § 80-4A, rather than this § 80-4H.
(5) 
The use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31 and September 15 to December 30.
(6) 
Effective March 15, 2025, the use of all gas-powered leaf blowers by commercial landscapers in the Town of Lexington shall be prohibited.
(7) 
Effective March 15, 2026, the use of all gas-powered leaf blowers by residents on their own property in the Town of Lexington shall be prohibited.
(8) 
The use of wheeled leaf blowers powered by four-stroke engines on properties larger than one acre is not subject to the prohibitions in Subsection H(6) and (7).
A. 
The provisions of this by-law shall not apply to sounds emitted during or associated with:
(1) 
Police, fire, and civil and national defense activities, or in training exercises related to emergency activities;
(2) 
Parades, public gatherings, or sporting events, for which permits have been issued or which are supervised by the School Department or the Parks and Recreation Department;
(3) 
Noncommercial public speaking and public assembly activities as guaranteed by state and federal constitutions;
(4) 
Operation of a farm or any ancillary or related activity that is an ordinary aspect of farming;
(5) 
Emergency work including, but not limited to, the operation of any mechanical device, apparatus, vehicle, or equipment used in connection with an emergency;
(6) 
Snow removal activity; and
(7) 
Any activity to the extent the regulation thereof has been preempted by state or federal laws or regulations.
B. 
These exemptions shall not apply if the noise is determined to exist as the result of negligent conduct or actions inconsistent with generally accepted practices.
A. 
A determination that excessive or unwarranted noise is caused by a given noise source will be made in accordance with the definition of "noise level" in § 80-3.
B. 
To determine if there is a noise violation on private property, the noise measurements shall be made at the boundary of the abutting property from which the offending sound source is located. To determine if there is a noise violation in public spaces, the noise measurements shall be made at any location a passerby might lawfully occupy.
[Amended 3-18-2024 ATM by Art. 29]
A. 
The Police, Fire, Health or Inspectional Services Departments, or any designee thereof, shall have power to enforce this bylaw.
B. 
Any person who violates any provision of this bylaw, or who is the owner of property on which such violation occurs, shall be fined an amount not to exceed $100 per first violation, $200 for the second violation, and $300 for the third and each subsequent violation. Fines issued hereunder shall be issued in accordance with Chapter 1, § 1-6, of the General Bylaws. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue. Each day that such violation continues shall be considered a separate offense.
[Amended 11-8-2021 STM by Art. 10; 3-18-2024 ATM by Art. 29]
[Added 10-21-2020 STM by Art. 3[1]; amended 3-18-2024 ATM by Art. 29]
(i) 
A noise mitigation plan prepared by a credentialed noise mitigation consultant shall be required prior to the issuance of a building permit for construction projects in or adjacent to residentially zoned areas where:
(a) 
The project entails rock removal with heavy machinery, including ledge removal, rock breaking, percussive breaking, rock pounding, rock crushing, rock drilling or rock cutting or other ledge work; and
(b) 
Ledge work is anticipated to take place on more than seven days over the course of the project; or
(c) 
Based on the specific conditions of the project, the Building Commissioner determines that said project shall require a noise mitigation plan.
(ii) 
A noise mitigation plan required under this § 80-8 shall, at a minimum, require:
(a) 
The use of portable sound barriers specifically designed for mitigating noise to reduce sound levels outside the barriers by at least 10 dB(A), surrounding and installed as close as practicable to the source of the noise. These barriers must reduce construction noise to prevent noise injury to Town residents.
(b) 
That the maximum noise sound levels from all noise sources be under 85 dB(A) at the property line.
(c) 
A site plan showing the site boundaries, the locations of proposed ledge work, the locations and range of movement of each proposed noise-producing equipment to be employed, and the locations of nearby residents on all sides of the site.
(d) 
The use of specialized monitoring equipment for the measurement of noise as defined by § 80-6, to be collected throughout the periods defined by § 80-4A, unless waived by the Building Commissioner. Collected monitoring data and compliance reporting shall be made available to the Building Department at regular intervals or upon request.
(iii) 
In the event that a building permit is issued under the assumption that none of the § 80-8 provisions apply, and it is discovered that such provisions do apply after the project begins, then no ledge work shall begin or continue until a noise mitigation plan is submitted and accepted in accordance with § 80-8(ii).
(iv) 
In the event that the builder does not submit or follow a specified noise mitigation plan, whether by using inadequate barriers, poor barrier installation, poor maintenance, failure to move them to a new work area on site, or any other problem, then work must cease until the issue is corrected. A penalty of $50 per day may be assessed in accordance with provisions of § 80-7 for any days that ledge work took place without a plan or not in accordance with a plan that complies with this chapter.
(v) 
In addition to the general enforcement provisions of Chapter 80, the Building Department in conjunction with the Public Health Department shall have the power to enforce this section. Additionally, the Building or Public Health Department shall maintain a record of all complaints received regarding projects subject to noise mitigation plans, to include, at a minimum, the date and nature of the complaint, a summary of the adjudication of the complaint, and any corrective or enforcement actions taken.
[1]
Editor's Note: This article also renumbered former §§ 80-8 through 80-11 as §§ 80-9 through 80-12, respectively.
[Amended 3-31-2004 ATM by Art. 39]
A. 
The Select Board, or its designees, may issue a special permit for any activity otherwise forbidden by the provisions of this by-law. A person seeking such a permit shall make a written application to the Select Board, or designee, on the appropriate form, which shall be available at the office of the Select Board or its designee. The following criteria shall be considered when deciding whether to issue a special permit:
[Amended 3-27-2019 ATM by Art. 34]
(1) 
Whether the cost of compliance will cause an applicant excessive financial hardship; and
(2) 
Whether the proposed additional noise will have an excessive impact on neighboring citizens.
B. 
The Select Board, or its designees, may issue additional guidelines defining the criteria to be considered and the procedures to be followed in applying for a special permit.
[Amended 3-27-2019 ATM by Art. 34]
C. 
An initial special permit shall remain valid for up to one year from the date it was issued. Renewal of a special permit shall require:
(1) 
A public hearing for review of whether the cost of compliance will cause an applicant excessive financial hardship; and
(2) 
Evaluation of noise data at the boundary of the property in which the offending sound source is located. Renewal of a special permit shall be up to three years. Any special permit issued to the applicant shall contain all necessary conditions to ensure minimum disturbance to the adjoining residences.
D. 
Legal notice of the time and place of said hearing shall be given by the Select Board, at the expense of the applicant, by publication in a newspaper of general circulation in Lexington once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place in the Lexington Town Hall for a period of not less than 14 days before the day of such hearing, and by delivering or mailing a notice thereof to the applicant, the Board of Health, the Police, Fire and Inspectional Services Departments and the abutters within 300 feet of the lot line.
[Amended 3-27-2019 ATM by Art. 34]
If any section, paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force.
Nothing in this by-law shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of existing Town of Lexington by-laws or Commonwealth of Massachusetts laws.
[Amended 3-27-2019 ATM by Art. 34]
The Select Board, or its designees, may promulgate, after public notice and hearing, rules and regulations to effectuate the purposes and intent of this by-law. However, failure by the Select Board to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this by-law.