[HISTORY: Adopted by the Annual Town Meeting
of the Town of Lexington 4-11-2001 by Art. 33. Amendments noted where applicable.]
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.
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:
Any sound that contains a broad range of tonal sounds.
A person or entity that receives compensation to utilize
landscape maintenance equipment on another's property.
[Added 11-8-2021 STM by Art. 10]
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.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Any noise that disturbs a reasonably prudent person or results
in noise pollution or noise injury.
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]
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.
The condition resulting from any sound that:
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.
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).
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]
(i)
Contractors are permitted to operate tools or equipment used in construction,
including drilling or demolition 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,
including drilling or demolition 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)
In addition to the above restrictions, blasting and the use
of powered equipment used in the breaking of rock and 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.
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]
(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.
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 property in 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.
A.
The Police, Fire, Health or Inspectional Services
Departments, or any designee thereof, shall have power to enforce
this by-law.
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 $50 per first violation, $100 for the second violation, and $200 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]
[Added 10-21-2020 STM by Art.
3[1]]
(i)
A noise mitigation plan shall be required prior to the issuance of
a building permit for construction projects in or adjacent to residentially
zoned areas where:
(ii)
A noise mitigation plan required under this § 80-8 shall, at a minimum, require portable sound barriers, designed 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. The objective of this bylaw is to keep maximum noise levels under 85 dB(A) at the property line.
(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 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 and 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 submitted plan.
[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]
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.
