[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:
A.
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.
B.
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.
C.
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.
D.
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:
A.
Emergency vehicles. Any police or fire vehicle or any ambulance while
engaged in necessary emergency business.
B.
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.
C.
Public address. The reasonable use of amplifiers or loudspeakers
for public addresses which are noncommercial in nature.
A.
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]
B.
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.
C.
Other remedies.
(1)
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 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.
