[HISTORY: Adopted by the Special Town Meeting of the Town
of Harwich 5-5-2009 by Art. 1; amended in its entirety 5-3-2011 STM by Art. 20. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch.
214.
[Amended 5-7-2012 ATM by Art. 23]
A. Definitions. As used by this bylaw, the following terms shall have
the meanings indicated:
PLAINLY AUDIBLE
Any sound from a source regulated by this bylaw that can
be detected above routine or normal ambient background noise by unaided
human hearing.
SOUND AMPLIFICATION SYSTEM
Any fixed or portable system to operate or amplify sound,
including, but not limited to, phonograph, radio, television, stereo,
record player, tape player, cassette player, compact disk player,
digital music player, "boom box," or loud speaker.
B. It shall be unlawful for any person or persons to cause or allow any noise which emanates from any building, boat, structure, vehicle, premises, or any sound amplification system, which is plainly audible at a distance of 150 feet from any such building, boat, structure, vehicle, premises or sound amplification system. The fact that the noise is plainly audible at a distance of 150 feet from the building, structure, vehicle, boat, premises or sound amplification system in which or from which it originates shall constitute prima facie evidence of a violation of this section. Each such act, which constitutes a violation of this section, which either continues or is reported more than 30 minutes after the issuance of a warning or citation to cease said activities, shall be considered a separate offense and shall be prosecuted as a separate offense in accordance with §
189-1E.
C. Sounding horns excessively. It shall be unlawful to sound or use
automobile, truck or other motor vehicle horns or similar signaling
devices upon the public streets, alleys, parking lots, or thoroughfares
of the Town in excess of those signals necessary for the preservation
of safety and is a violation of this bylaw at anytime.
D. For the purposes of this bylaw, noises which disturb the reasonable quiet, comfort, repose, or health of others shall include loading or unloading activities, use of power tools and equipment, use of lawn or landscaping equipment, loud outcries, and other loud or boisterous noises which are not specifically exempted by §
189-1F and which are plainly audible at a distance of 150 feet from their source between 10:00 p.m. and 7:00 a.m., except as otherwise indicated as outlined in §
189-1B.
E. Procedure upon violation. It shall be the duty of any police officer
of this town to order any person or persons so acting as to violate
the provisions of this bylaw to cease any prohibited activities which
are specified in this bylaw, and if the person or persons so ordered
does not forthwith obey, the officer may issue a noncriminal citation
with a fine of $150 for the first violation and $300 for each subsequent
violation.
(1) If the person or persons responsible for violation(s) of this bylaw
cannot be determined, then the person in lawful custody and/or control
of the premises where the violation(s) occurred, including but not
limited to the owner, lessee, manager, or occupant of the property,
may be deemed responsible for the violation(s).
(2) Any person or persons who commit, in the presence of a police officer,
a violation of this article, which amounts to a breach of the peace
or anticipatory breach of the peace, may be arrested without a warrant.
(3) Whoever violates any provision of this bylaw may be penalized by
indictment or on complaint brought in the District Court. Except as
may be otherwise provided by law and as the District Court may see
fit to impose, the maximum penalty for each violation or offense shall
be $300.
(4) The Town may enforce this bylaw or enjoin violations thereof through
any lawful process, and the election of one remedy by the Town shall
not preclude enforcement through any other lawful means.
F. Exemptions. The following uses and activities shall be exempt from
the noise level regulations:
(1) Any law enforcement motor vehicle equipped with any communication
or signaling device necessary in the performance of law enforcement
duties.
(2) Any fire apparatus, ambulance, rescue, or emergency response vehicle
in performance of their public safety responsibilities.
(3) Any emergency vehicle equipped with any communication device necessary
in the performance of any emergency procedures.
(4) Any highway maintenance, water department, or public utilities vehicle
utilizing an amplified communications system in the performance of
their responsibilities.
(5) Announcing systems at sanctioned sporting or other authorized public
events.
(6) Noises of safety signals, warning devices and emergency pressure
relief valves during public emergencies.
(7) Noises resulting from any authorized vehicle(s) responding to an
emergency call or acting in time of emergency.
(8) Noises resulting from activities of a temporary duration permitted
by law and/or for which a license or permit has been granted by the
Town.
(9) Parades, music festivals, public gatherings, and events for which
the Selectmen have issued a permit.
(10)
Bells, chimes or carillons, or their amplified, recorded, or
other electronic substitution while being used for religious purposes,
in conjunction with religious services or to denote time intervals
between the hours of 7:00 a.m. and 10:00 p.m.
(11)
Snow removal from private parking lots, drives, roadways, and
other vehicle- or pedestrian-traveled surfaces.
(12)
Noises for which the Board of Selectmen has granted a special
permit.
(13)
Noise resulting from activities of any agricultural operation.
G. Application for special permit.
(1) Application for a permit for relief from the noise level designated
in this chapter on the basis of undue hardship may be made to the
Board of Selectmen.
(2) Any permit granted by the Selectmen shall set forth all conditions
pertaining to the specified noise and a reasonable time limit for
its abatement.
(3) The holders of licenses to provide alcoholic beverages and/or entertainment
shall comply with any noise allowances and/or restrictions imposed
upon such licenses or regulations relative to those licenses, and
in the case of a conflict between individual license allowances or
restrictions and this bylaw, the terms of the license shall apply.
[Amended 5-2-2022 ATM by Art. 41]
H. Severability clause. If any part of this bylaw is deemed to be contrary
to state or federal law by the Attorney General, that part can be
severed without affecting any other part of this bylaw.