[HISTORY: Adopted by the City Council of the City of Springfield 7-19-2001; amended in
its entirety 5-24-2007 (Title 7, Ch. 7.20, of the 1986 Code). Amendments noted
where applicable.]
Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
chapter:
The words "loud amplification device" shall mean a radio,
television, phonograph, stereo, record player, tape player, cassette
player, compact disc player, loudspeaker, sound amplifier or similar
device which is operated in such a manner that it creates an unreasonable
noise.
A situation wherein immediate work is necessary to restore
property to a safe condition following a public calamity, natural
disaster, snow emergency, or where immediate work is required to protect
persons or property from imminent exposure to danger.
Any noise plainly audible at a distance of 100 feet; and
in the case of an amplification device, the words "unreasonable noise"
shall mean any noise plainly audible at a distance of 50 feet.
A.Â
This chapter shall apply to the control of all sound originating
within the limits of the City of Springfield, including, but not limited
to, power lawn mowers, engine-powered equipment, air conditioners,
animals, birds, loud amplification devices, firecrackers, firearms,
pile drivers, shovels, graters, scrapers, tractors, jackhammers, and
other construction equipment. This chapter is intended to prohibit
preventable and unnecessary noise and is not intended nor shall it
be construed to regulate the usual and customary noise incidental
to urban life.
B.Â
In all applications of this chapter, due consideration shall be given
to the character of the zoning, and the customary and natural noise
incident to the operation of businesses or industries permitted by
zoning so as not to work an undue hardship upon lawful business and
industrial establishments.
C.Â
The provisions of this chapter shall be in addition to and shall
not disturb either the right of the City, if such, or the right of
individuals affected by the violation of this chapter to pursue any
other remedy for the abatement of a nuisance or any other remedy which
might or could be available under the law.
This chapter shall not be construed so as to apply to the following:
A.Â
The emission of sound for the purpose of alerting persons to the
existence of an emergency, or the emission of sound in the performance
of emergency work or in training exercises related to emergency activities.
B.Â
Any lawful program or activity supervised, licensed or permitted
by the appropriate authority within the City of Springfield or the
state or federal government. Any person or entity licensed or permitted
by the City of Springfield, who is alleged to have caused unreasonable
noise, as defined above, in violation of this chapter shall be subject
to the violation procedures and penalties as established by the relevant
license or permit granting authority within the City of Springfield.
C.Â
Emergency situations, as defined above.
D.Â
The use of any device the purpose of which is to protect an owner's
vehicle from damage and/or theft through the mechanical creation of
a noise, provided such device shall deactivate or be deactivated after
sounding for five minutes.
It shall be unlawful for any person to operate an amplification
device, as defined above, so as to be plainly audible at 50 feet,
in or on a:
Any power lawn mower, power hedge clipper, power saw or such
other implement designed primarily for outdoor use, except snow blowers,
shall be operated within the City only between the hours of 7:00 a.m.
and 9:00 p.m. on weekdays or between the hours of 9:00 a.m. and 9:30
p.m. on Saturdays, Sundays and state and federal holidays; however,
such equipment may be operated during the hours otherwise prohibited
by this section if the noise is not plainly audible at a distance
of 50 feet. Snow blowers may be operated between the hours of 5:00
a.m. and 12:01 a.m. on the day of the snow storm or snow emergency.
No erection, demolition, alteration, or repair of any building
and excavation in regard thereto shall take place except between the
hours of 7:00 a.m. and 7:00 p.m. on weekdays or except in the interest
of public safety or welfare, upon the issuance of and pursuant to
a permit from the Code Enforcement Commissioner, which permit may
be renewed for one or more periods not exceeding one week each and
so as not to be plainly audible at a distance of 100 feet from the
lot line of the lot on which said construction activity is located,
except for emergency work of public service utilities or general public
works repairs of an emergency nature. Other special exceptions may
be only authorized by the Code Enforcement Commissioner in a written
format.
It shall be unlawful for any person in charge of any store,
garage, filling station, apartment house, theater, restaurant, bar,
or other premises where persons gather or enter for purposes of amusement
or trade within the City, either by his/her own actions or by permitting
or allowing any persons who may resort to his/her premises, to disturb
the neighbors or public peace by loud noises, boisterous voices, operation
of musical equipment, machines, instruments or other musical devices,
the use of which produces noise plainly audible at a distance of 200
feet, interrupting the peace or quiet of the City after the hour of
10:00 p.m. and before the hour of 8:00 a.m.
Unless otherwise authorized, it shall be unlawful for any person
or persons within the City of Springfield to cause or allow to be
made any unreasonable noise, as defined above, within areas zoned
residential within the City.
Any person aggrieved by such disturbance of the peace may complain
to the Springfield Police Department about such unreasonable or excessive
noise. The Police Department shall verify the complaint and may thereupon
arrest and/or make application in the appropriate court for issuance
of a criminal complaint for violation of MGL c. 272, § 53,
which sets forth the penalties for disturbing the peace.
A.Â
Notwithstanding the provisions of any other ordinance of the City,
if a person is arrested by a Springfield police officer under the
authority of the General Laws, including without limitation the provisions
of MGL c. 272, § 54, for disturbing the peace or under
MGL c. 272, § 53, or any applicable Massachusetts General
Law, the arresting officer may, pursuant to said General Laws, seize
any such loud amplification device or similar equipment, as defined
above, as evidence. In the event of such seizure for evidence by a
Springfield police officer incident to such arrest, such loud amplification
device or similar equipment shall be inventoried and held by the Springfield
Police Department or its agents and shall be returned to its owner
according to the terms of this section, unless a court of competent
jurisdiction orders otherwise.
B.Â
The arresting officer, in addition to any other reports or procedures
required of him, shall give the person claiming to be the owner of
said loud amplification device or similar equipment a receipt indicating
where, when, and for what reason said device or equipment was seized,
and for what purpose it is being held. Copies of said receipt shall
be filed in the Springfield Police Department and shall be made available
to the court. No receipt shall be redeemed and no such device or equipment
shall be returned to any person unless and until all judicial proceedings
that may be held regarding the criminal allegations shall have been
finally completed; provided, however, that if a motor vehicle shall
be seized incidental to an arrest, such motor vehicle may be returned
to its registered owner if said loud amplification device or equipment
has been duly removed therefrom with the written permission of the
registered owner of said motor vehicle. In such cases, the Police
Department shall provide said owner with a receipt for the removed
device or equipment as herein provided.
The provisions of this chapter may be enforced by any police
officer, any special police officer designated by the Board of Police
Commissioners to do so, Code Enforcement Commissioners and the Director
of Health and Human Services.
A.Â
Any person who violates the provisions of this chapter shall for
the first offense be fined $100. The enforcing person shall make a
record of the complaint, such record to include the following information
(to the extent that it is available): name and address of person violating;
name and address of landlord, if applicable; date; time; motor vehicle
registration number, if applicable; and location of the violation.
If the violator refuses to give the above-noted information or if
any information proves false, said person shall be punished by a fine
of an additional $100. The enforcing person shall give the violator
a notice of the violation and fine, and the violation and fine may
be disposed of pursuant to MGL c. 40, § 21D. A copy
of each violation notice shall be sent to the landlord and to the
school or university at which the violator is enrolled, when applicable.
B.Â
The Code Enforcement Commissioner shall keep and make available to
the public and all persons authorized to enforce these provisions,
and the certification or the information there appearing by an enforcing
official to a court shall establish a rebuttable presumption of the
accuracy thereof.
C.Â
No person, being the landlord or person in charge of a residential
structure, shall permit or suffer the repeated violations of this
chapter, after notice thereof. Such person shall be punished at the
time of the third such violation, and every violation thereafter within
12 months of the first violation, by a fine of $200 in the case of
the third, and $300 for each thereafter. It shall be a defense that
the landlord or person in charge of a residential structure shall
have made a good faith effort, including the seeking of a court order,
to prevent violations.
D.Â
Any person who subsequently violates the provisions of this chapter shall be punished by a fine of $200 for the second offense and $300 for the third offense and all subsequent offenses committed within a twelve-month period. All fines hereunder may be recovered by the noncriminal disposition procedures stated in Chapter 1, General Provisions, § 1-25, of this Code and MGL c. 40, § 21D, which procedures are incorporated herein by reference; provided, however, that if a violator fails to follow the procedures and requirement of said MGL c. 40, § 21D, the fine or fines shall be recovered by indictment or on complaint pursuant to MGL c. 40, § 21.
