Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
chapter:
AMPLIFICATION DEVICE
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.
EMERGENCY SITUATION
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.
UNREASONABLE NOISE
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.
This chapter shall not be construed so as to apply to the following:
A. 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. 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. Emergency situations, as defined above.
D. 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:
A. Motor vehicle on a public or private way, or in a public place;
B. Public way, in a private way open to public use, or in any other
public place; and
C. Residential premises or on the land of such residential premises.
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.
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.