Town of Hadley, MA
Hampshire County
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[Adopted 5-1-1998 ATM by Art. 16]
It shall be unlawful for any person or persons to create, assist in creating, continue or allow to continue any excessive, unnecessary, or unusually loud noise which either annoys, disturbs, injures or endangers the reasonable quiet, comfort, repose or the health or safety of others within the Town of Hadley. The following acts are declared to be loud, disturbing, injurious, unnecessary and unlawful noises in violation of this section, but this enumeration shall not be exclusive, namely:
Radio, phonograph, musical instruments and television. The playing of any radio, phonograph, television set, amplified or musical instruments, loudspeakers, tape recorder, or other electronic sound-producing devices in such a manner or with volume at any time or place as to annoy or disturb the reasonable quiet, comfort or repose of persons in any dwelling, hotel, hospital or other type of residence or in any office or of any persons in the vicinity.
Shouting or whistling. Yelling, shouting, hooting, whistling, singing or the making of any other loud noises on the public streets, between the hours of 11:00 p.m. and 7:00 a.m., or the making of any such noise at any time or place so as to annoy or disturb the reasonable quiet, comfort or repose of persons in any dwelling, hotel, hospital or other type of residence or in any office or any persons in the vicinity.
Animal noises. The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the reasonable comfort or repose of any person.
Devices to attract attention. The use of any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise. This subsection shall not apply to any person who is a participant in a school band or duly licensed parade or who has been otherwise authorized to engage in such activity.
None of the terms or prohibitions of the previous section shall apply or be enforced against:
Emergency vehicles. Any police or fire vehicle or any ambulance while engaged in necessary emergency business.
Highway and utility maintenance and construction. Necessary excavation in or repairs of 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.
Public address. The reasonable use of amplifiers or loudspeakers for public addresses which are noncommercial in nature.
The first and subsequent violations of this bylaw shall be punished by a fine of $300. Each such act which either continues or is repeated more than 1/2 hour after 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 is a nonresident owner, then the owner must also be notified in writing that the violation has occurred.
[Amended 5-6-2010 ATM by Art. 9]
This bylaw shall be enforced by the Hadley Police Department. Any person aggrieved by the imposition of a fine under this bylaw may, within 20 days of the imposition of the fine, request a hearing before the Chief of Police, who may set aside the fine.
Other remedies.
If the person or persons responsible for an activity which violates § 162-3 cannot be determined, the person in lawful custody and/or control of the premises, including but not limited to the owner, lessee or occupant of the property on which the activity is located, shall be deemed responsible for the violation.
If a person or persons responsible for an activity which violates § 162-3 can be determined, any person or persons who violate § 162-3 of this bylaw may be arrested without a warrant, provided that the violation occurs in the presence or view of any officer authorized to serve criminal process.
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.