[HISTORY: Adopted 5-11-2009 Annual Town Meeting, Art. 29.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 124.
[1]
Editor's Note: This bylaw also repealed former Ch. 120, Noise,
which consisted of Art. I, Noise by Occupants, adopted 3-14-1966 ATM,
Art. 35, as amended, and Art. II, Noise by Those Present on Premises,
adopted 3-14-1966 ATM, Art. 36, as amended.
A.
It shall be unlawful for any person or persons occupying or having
charge of, or being present in or about any building, dwelling, structure,
premises, shelter, boat, vehicle or conveyance, or any part thereof,
in the Town (other than that section of any establishment licensed
under MGL c. 138), to create, assist in creating, continue or allow
to continue any excessive, unnecessary, or unusually loud noise, including
any such noise in the operation of any radio, phonograph or other
sound-making device or instrument, or reproducing device or instrument,
or in the playing of any band, orchestra, musician or group of musicians
or in the use of any device to amplify the aforesaid, or the making
of loud outcries, exclamations or other loud or boisterous noise or
loud and boisterous singing by any person or group of persons or in
the use of any device to amplify the aforesaid noise or to attract
attention, or loud or continuous animal noises, where such noise is
plainly audible at a distance of 150 feet from the building, structure,
premises, shelter, vehicle, boat or conveyance in which or from which
it is produced.
B.
The fact that the noise is plainly audible at a distance of one hundred
fifty (150) feet from the building, dwelling, structure, premises,
shelter, boat or vehicle from which it originates or when the noise
occurs between 10:00 p.m. and 7:00 a.m., shall constitute prima facie
evidence of a violation of this bylaw.
C.
Any person shall be deemed in violation of this bylaw who shall make,
or aid and abet, or cause, or suffer or countenance or assist in the
making of any such noise.
The following uses and activities shall be exempt from the provisions
of this bylaw:
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 Commonwealth of Massachusetts.
C.
Public address. The reasonable use of amplifiers or loudspeakers
for public addresses which are noncommercial in nature.
D.
Garbage and refuse collection vehicles, or vehicles providing an
emergency service including without limitation fuel delivery vehicles.
E.
Fireworks, little league, soccer and other sporting events, parades,
church bells, and public events including, but not limited to, Pops
in the Park.
F.
Normal operation of properly muffled motor vehicles, boats, equipment
for lawn moving, farm or agricultural equipment, equipment used in
the normal course of home or commercial repair, renovation, construction,
or demolition, or in septic system construction or maintenance.
A.
The first violation of this bylaw shall be punished by a fine of
not more than $50.00.
B.
The second violation of this bylaw within 12 months after the first
violation shall be punished by a fine of not more than $100.00.
C.
Further violations within 12 months after the last violation shall
be punished by a fine of two hundred fifty dollars $250.00.
D.
Each such act which either continues or is repeated more than once
shall be prosecuted as a separate offense.
E.
If the violation occurs on the premises of rental property, then
the owner will be notified in writing that a violation(s) has occurred.
