[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.]
GENERAL REFERENCES
Alarm systems — See Ch. 175.
Animals — See Ch. 184.
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.