[HISTORY: Adopted 5-4-1989 Annual Town Meeting, Art. 30. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses — See Ch. 49.
As used in this chapter, the following terms shall have the
meanings indicated:
Used throughout this section, is that most recently approved
as American Standard Acoustical Terminology by the American National
Standards Institute (ANSI).
The average of at least five sound-level measurements, absent any noise as defined in § 115-2, measured in dBA at intervals of one minute or more by a Type 2 sound-level meter set at slow meter response. Said measurements shall be taken at the same location as measurements of allegedly excessive noise.
The A-weighted sound-pressure level in decibels as measured
by a general-purpose (Type 2) sound-level meter complying with the
provisions of ANSI Standard S1.4-1971. Specifications for Sound Level
Meters, as most recently amended.
Any sound-level meter complying with said provisions. Any
meter used to make measurements under the provisions of this chapter
shall be properly calibrated to ensure that it meets ANSI Standard
S1.4-1971 and shall be operated on the "A" weighting network.
A.
Any noise from any source between the hours of 8:00 p.m. and 8:00 a.m. that continues steadily or intermittently for a period of 15 minutes or more at a level in excess of 20 dBA above average background noise for the time and place is hereby prohibited except agricultural activity or by permit as provided in § 115-3A. Said noise shall be measured by a Type 2 sound-level meter, set at fast meter response, at a distance of at least 50 feet from the source.
C.
The use
of any device which makes a sound, whether audible or inaudible, with
the intent to cause pain, suffering, or irritation to any other person,
or that actually causes pain or suffering to any person, is prohibited
at any time except when used by law enforcement personnel who are
acting in an official capacity. This includes, but is not limited
to, ultrasonic devices that are used to disperse gatherings of persons.
[Added 5-14-2007 ATM, Art. 14]
A.
Applications for permits for noise levels exceeding the limits specified
in this section shall be made to the Selectmen and shall contain a
statement as to why such relief is requested. A permit may be granted
by the Selectmen for a period not to exceed six months and may contain
conditions to minimize adverse effects on the neighborhood or the
community at large.
B.
A permit so granted may be renewed only after a public hearing advertised
in a newspaper of general circulation in Great Barrington at least
14 days before the date of the hearing, with written notice to abutters.
Said permit may be renewed for an additional period of no more than
six months, provided that the Selectmen make a finding that the renewal
is necessary to provide additional time for the applicant to modify
his activity or operation to comply with this section. No more than
one renewal may be granted for any permit.
The provisions of this section shall not apply to warning devices,
such as horns or sirens; to emergency equipment or vehicles, such
as fire engines, ambulances, police and rescue vehicles and the like;
to motor vehicles operated lawfully in accordance with the provisions
of the Federal Noise Control Act of 1972 as amended; to snow plows
or other municipal equipment while in operation; to the Great Barrington
airport; to church bells; or to lawful activities of temporary duration,
including but not limited to parades, firework displays, concerts,
target shooting or hunting.
