[Gen. Ords. 1962, § 11-9]
No person shall fire or discharge any firearm or firearm cartridge in or across any of the public streets or within the limits of a park or other public place within the city without the written permission of the chief of police, nor shall any person on private property, other than the owner or legal occupant thereof, fire or discharge any firearm or firearm cartridge nor have in his possession a firearm of any description, without the written consent of the owner or legal occupant of such private property, such written permission to be carried by the person firing, discharging or carrying such firearm.
Subsection (a) shall not apply to the firing or discharging of any firearm at any military exercise or review, under the authority of a commissioned officer of the national guard, nor in the lawful defense of the person, family or property of any citizen, or in the performance of any duty required by law.
[Gen. Ords. 1962, § 11-12]
No person shall enter upon the premises of another for the purpose of committing any wanton or malicious act, or for the purpose of or with the intention of invading the privacy of another by peeping into the windows of a house or spying upon any person or persons therein.
[Gen. Ords. 1962, §§ 13-24, 13-25]
No person, except a member of the police, fire or electric wire departments in the performance of his duty or a person authorized by such member in the performance of his duty, shall open any police signal box, or except in the case of fire, any signal box connected with the fire alarm telegraph.
No person shall interfere, tamper, meddle with, break, cut, injure or deface any such box or any wire joined to the same or joined to the post or other structure to which such box may be fixed.
No person shall post any bill or placard upon any signal box, post or similar structure.
[Ord. No. 13383, Art. IV, § 4, 9-13-1937]
No person shall ride on any part of a train, bus or other vehicle which is not designated for the use of passengers. This section shall not apply to an employee engaged in the necessary discharge of his duties.
[Ord. No. 25171, 11-8-1982; Ord. No. 25738, 6-24-1985]
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings given herein:
- ALARM SYSTEM
- An assembly or equipment and devices or a single device such as a solid state unit which plugs directly into a 110-volt AC line, arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. Fire alarm systems and alarm systems which monitor temperature, smoke, humidity or any other condition not directly related to the detection of an unauthorized intrusion into a premises or an attempted robbery at a premises are specifically excluded from the provision of this section.
- ALARM USER or USER
- Any person on whose premises an alarm system is maintained within the city except for alarm systems on motor vehicles or proprietory systems. Excluded from this definition and from the coverage of this section are central station personnel and persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located of an attempted unauthorized intrusion or holdup attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of "alarm system", as that term is used in this section, and shall be subject to this section.
- AUTOMATIC DIALING DEVICE
- An alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect.
- CENTRAL STATION
- An office to which remote alarm and supervisory signaling devices are maintained continuously to investigate signals.
- The City of Waltham.
- COMMUNICATIONS CONSOLE
- The instrumentation on an alarm console at the receiving terminal of a signal line which, through both visual and audible signals, indicates line trouble.
- DIRECT CONNECT
- An alarm system which has the capability of transmitting system signals to and receiving them at the Waltham Police Department Communications Center.
- (1) The activation of an alarm system through mechanical failure, malfunction, improper installation, or negligence of the user of an alarm system or of his employees or agents;
- (2) Any signal or oral communication transmitted to the police department requesting, or requiring, or resulting in a response on the part of the police department when in fact there has been no unauthorized intrusion or attempted unauthorized intrusion into a premises and no attempted robbery or burglary at a premises.
- To connect an alarm system to a voice-grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.
- POLICE CHIEF
- The chief of police of the city or his designated representative.
- POLICE OR POLICE DEPARTMENT
- The city police department or any authorized agent thereof.
- PUBLIC NUISANCE
- Anything which annoys, injures or endangers the comfort, repose, health or safety of any considerable number of persons or of any community or neighborhood.
Administrative rules. In addition to the following administrative rules the police chief may promulgate further administrative rules as may be necessary for the implementation of this section.
Automatic dialing devices; interconnection to police department.
No automatic dialing device shall be interconnected to any telephone numbers at the police department after the effective date of this section.
Within six (6) months after the effective date of this section, all automatic dialing devices interconnected to any telephone numbers at the police department shall be disconnected therefrom. The user of each such device shall be responsible for having the device disconnected upon notification by the police chief.
Direct connections to police department.
Alarm systems may be connected to the communications console in the police department by interfacing through the one company maintaining alarm console device at the police department.
The alarm user, or the alarm business contracting for servicing the alarm user's alarm system, shall be responsible for obtaining the leased telephone line between the alarm user's premises and the alarm receiving equipment at the police department and for furnishing the appropriate interface equipment, if required, in order to provide an input signal which is compatible with the receiving equipment used to operate the communications console.
The provisions of paragraph (6) below concerning false alarms shall apply to all alarm users or persons having direct connect systems, except municipal, county and state agencies and religious organizations.
Control and curtailment of signals emitted by alarm systems.
Every alarm user shall submit to the police chief the names and telephone numbers of at least two (2) other persons who can be reached at any time, day or night, and who are authorized to respond to an emergency signal transmitted by an alarm system, and who can open the premises wherein the alarm system is installed.
All alarm systems shall be equipped with a test device which will give a ten-second delay prior to alarm system activation in order to warn the alarm user of an open alarm circuit.
Within six (6) months from the effective date of this section, all alarm systems which use an audible horn or bell shall be equipped with a device which will shut off such horn or bell ten (10) minutes after activation of the alarm system.
All alarm systems installed after the effective date of this section which use an audible horn or bell shall be equipped with a device that will shut off such horn or bell within ten (10) minutes after activation of the alarm system.
Any alarm system emitting a continuous and uninterrupted signal for more than one hour between 7:00 p.m. and 6:00 a.m. which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by him under paragraph (4)a. of this subsection, and which disturbs the peace, comfort or repose of a community, a neighborhood or a considerable number of inhabitants of the area where the alarm system is located shall constitute a public nuisance. Upon receiving complaints regarding such a continuous and uninterrupted signal, the police chief shall endeavor to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user under paragraph (4)a. of this subsection in an effort to abate the nuisance. The police chief shall cause to be recorded the names and addresses of all complainants and the time each complaint was made.
Shall not conduct, engage in, or undertake any search, seizure, inspection or investigation while he is upon the property;
Shall not cause any unnecessary damage to the alarm system or to any part of the home or building; and
Shall leave the property immediately after the audible signal has ceased.
Testing of equipment. No alarm system designed to transmit emergency messages directly to the police department shall be worked on, tested or demonstrated without obtaining permission from the police chief. Permission is not required to test or demonstrate alarm devices not transmitting emergency messages directly to the police department. An unauthorized test constitutes a false alarm.
When emergency messages are received by the police department that evidence false alarms, the police chief shall take such action as may be appropriate under subparagraphs (6) b., c., d. and e. below, and, when so required by the terms of the aforementioned paragraphs, order that use of an alarm system be discontinued.
After the police department has recorded three (3) separate false alarms within the calendar year from an alarm system, the police chief shall notify the alarm user, in writing and by certified mail, of such fact and require the user to submit, within fifteen (15) days after receipt of such notice, a report describing efforts to discover and eliminate the cause or causes of the false alarms. If the user, on the basis of absence from the city, or on any other reasonable basis, requests an extension of time for filing the report, the police chief may extend the fifteen-day period for a reasonable period. If the said user fails to submit such a report within fifteen (15) days or within any such extended period, the police chief may order the use of the alarm system be discontinued. Any such discontinuance shall be effectuated within fifteen (15) days from the date of receipt of the police chief's order.
In the event that the police chief determines that a report submitted in accordance with subparagraph b. above is unsatisfactory, or that the alarm user has failed to show by the report that he has taken or will take reasonable steps to eliminate or reduce false alarms, then the police chief may order that use of the alarm system be discontinued. Any such discontinuance shall be effectuated within fifteen (15) days from the date of receipt of the police chief's order.
In the event that the police department records five (5) or more false alarms within the calendar year from an alarm system, the police chief may order that the user of the alarm system discontinue use of the alarm system for a minimum of six (6) months, but not more than twelve (12) months from the date the alarm was disconnected.
Any user of an alarm system which transmits false alarms shall be assessed a fine of twenty dollars ($20.00) for a third false alarm occurring within a calendar year; fifty dollars ($50.00) for a fourth false alarm occurring within a calendar year; and one hundred dollars ($100.00) for a fifth and all subsequent false alarms occurring within a calendar year. All fines assessed hereunder shall be paid to the city treasurer for deposit in the general fund. Upon failure of the user of an alarm system to pay two (2) consecutive fines assessed hereunder within sixty (60) days of assessment, the police chief may order that the user discontinue use of the alarm system. Any such discontinuance shall be effectuated within fifteen (15) days from the date of receipt of the police chief's order.
Any user of an alarm system who has, in accordance with this subsection, been ordered by the police chief to discontinue use of an alarm system may appeal the order of discontinuance to the city council. Notice of an appeal shall be filed with the clerk of the city council within ten (10) days of the date of the order of discontinuance. Thereafter the council shall consider the merits of the appeal, and in connection therewith shall hear evidence presented by all interested persons. After hearing such evidence, the council may affirm, vacate or modify the order of discontinuance.
Penalties. The following acts and omissions shall constitute violations of this section punishable by a fine of fifty dollars ($50.00):
Failure to obey an order of the police chief to discontinue use of an alarm system, after exhaustion of the right of appeal;
Failure to disconnect an automatic dialing device from any telephone numbers at the police department within six (6) months after the effective date of this section;
Interconnection of an automatic dialing device to any telephone numbers at the police department after the effective date of this section;
Failure to pay two (2) or more consecutive fines assessed under this section within sixty (60) days from the date of assessment;
[Ord. No. 25932, 6-23-1986; Ord. No. 26322, 11-23-1987; Ord. No. 27482, 12-28-1992; Ord. No. 27485; 1-11-1993; Ord. No. 29882, 1-12-2004]
Statement of public policy. Whereas excessive sound is a serious hazard to the public health and welfare, safety, and the quality of life; and whereas a substantial body of science and technology exists by which excessive sound may be substantially abated; and, whereas the people have a right to and should be ensured an environment free from excessive sound that may jeopardize their health or welfare or safety or degrade the quality of life; now therefore it is the policy of the city to prevent excessive sound which may jeopardize the health and welfare or safety of its citizens or degrade the quality of life.
Purpose. This section provides standards for the control of noise within the city and prohibits or regulates those acts which most frequently create excessive noise. The general objectives of these standards are to secure the public health, comfort, convenience, and safety of, and to promote the welfare, prosperity, peace and quiet of, the citizens of the city.
Definitions. For the purposes of this section the following words and phrases shall have the meanings respectively ascribed to them by this section:
CONSTRUCTION — Any and all activity necessary or incidental to the erection, assembling, altering, installing, repair or equipping of buildings, roadways, or utilities, including land clearing, grading, excavating and filling and paving.
DECIBEL — The unit by which sound volume is measured.
dB — The abbreviation for decibel.
dB(A) — The A-weighted sound level in decibels, as measured by a general purpose sound level meter complying with the provisions of Specifications for Sound Level Meters (S1.4 1971), American National Standards Institute (ANSI), properly calibrated, and operated on the "A" weighting network.
DEMOLITION — Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
EMERGENCY — An occurrence or set of circumstances requiring immediate action involving the restoration of public utilities or the restoration of property to a safe condition following a public calamity or the protection of persons or property from imminent exposure to danger.
EMERGENCY WORK — Work which must be performed to alleviate an emergency.
GROSS VEHICLE WEIGHT RATING (GVWR) — The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.
MOTORCYCLE — Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, including any bicycle with a motor or driving wheel attached, except a tractor or a motor vehicle designed for carrying golf clubs and not more than four (4) persons, an industrial three-wheel truck, or a motor vehicle on which the operator and passengers ride within an enclosed cab.
MOTOR VEHICLES — Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, buses, truck-trailers, semi-trailers, campers, go-carts, snowmobiles, dune buggies, or racing vehicles, but not including motorcycles.
NOISE POLLUTION — A condition caused by a noise source that increases noise levels ten (10) dB(A) or more above background noise level except that it the noise source produces a tonal sound an increase at five (5) dB(A) or more above background noise level shall be considered sufficient to cause noise pollution.
PAVEMENT BREAKER — Any hydraulically or pneumatically powered impact device intended to cut or trench pavement, subbase macadam, gravel, concrete or hard ground.
PERSON — Any individual, partnership, association, firm, syndicate, company, trust, corporation, department, bureau or agency, or any other entity recognized by law as the subject of rights and duties, including the city, its agencies and departments and any person, as herein defined, operating under a contractual arrangement or agreement with the city.
PILE DRIVER — An impact device designed or used for the driving of piles, columns and other supports into soil or other material by means of impact, vibrations, pressure or other means.
TONAL SOUND — Any sound that is judged by a listener to have the characteristics of a pure tone, whine, hum or buzz.
Exceptions. The provisions of this section shall not apply to:
The emission of sound for the purpose of alerting persons to the existence of an emergency or as otherwise specifically permitted by the provisions of this section.
The emission of sound in the performance of emergency work.
Noncommercial public speaking and public assembly activities conducted on any private property, public space, or public right-of-way, except those activities otherwise regulated by subsection (f).
The unamplified human voice, except where otherwise prohibited by the provisions of this section.
The emission of sound in the performance of military operations exclusive of travel by individuals to or from military duty.
The emission of sound in the discharge of weapons or in fireworks displays, from 8:00 a.m. to 11:00 p.m., when licensed by the city.
The emission of sound in the operation of snow removal, snow clearance or snowmaking equipment by the city, its agencies or departments and any person operating under a contractual arrangement or agreement with the city; the emission of sound for the purpose of private clearance or removal of snow.
Parades, public gatherings, or sporting events for which proper permits have been issued.
Emergency vehicles, including police, fire and civil defense, and ambulances.
General prohibitions of noise emissions. No person or persons owning, leasing, or controlling the operation of any source or sources of noise shall permit, either willfully, negligently, or by failure to provide necessary equipment or facilities or to take necessary precautions, the establishment or continuation of a condition of noise pollution.
Specific prohibitions. The following acts are specifically prohibited by this section and the causing or allowing the occurrence of said act is hereby declared to be in violation of this section, provided, however, that the provisions of this section shall not apply to emergency work or repair work performed by and for governmental entities or public utilities or by private entities where such work is necessary to restore public or private property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger, and provided further than the necessity of such work shall be determined by the inspector of buildings or by other authorized emergency or public utility personnel.
Motorized vehicles and equipment. Operating or permitting the operation of the following devices or vehicles on the days and at the times specified below in any residential zone in the city or within 300 feet of a building or structure which is used, in whole or in part, for residential purposes in any zone in the city:
All electric motors or internal combustion engines used in yard and garden maintenance including, but not limited to, lawn mowers, riding tractors, leaf vacuums or leaf blowers, clippers, trimmers or other garden or farm tools and equipment and pavement sweepers on privately owned lots between the hours of 9:00 p.m. and 7:00 a.m. on weekdays; and on Sundays and holidays at any time before 9:00 a.m. and after 9:00 p.m.
All electric motors or internal combustion engines, or other construction devices, tools or equipment, used in construction, drilling, demolition maintenance or earth moving, including but not limited to bulldozers, backhoes, concrete mixers, dumptrucks, pneumatic tools, rollers, scrapers, air compressors, generators, jackhammers, cranes, pavement breakers, pile drivers, rock drills and chainsaws between the hours of 5:00 p.m. and 7:00 a.m. on weekdays; on Saturdays, before 8:00 a.m. and after 4:00 p.m.; and at any time on Sundays and holidays.
Snowmobiles between the hours of 7:00 p.m. and 8:00 a.m. on weekdays and between the hours of 7:00 p.m. and 9:00 a.m. on Sundays and holidays.
Commercial trash compactors or the collection of rubbish from dumpsters or other receptacles by commercial vehicles over 10,000 pounds between the hours of 9:00 p.m. and 7:00 a.m. on weekdays and between the hours of 9:00 p.m. and 10:00 a.m. on Sundays and holidays.
Notwithstanding the provisions of subsections (f)(1) a., and b., above, an air compressor or a generator may be operated at a specific location between the hours of 8:00 a.m. and 5:00 p.m. on Sundays and holidays when special written permission has been granted, for that particular day, by the Chief of Police or his designee if the Chief of Police or his designee determines that:
Radios, stereo equipment, etc. Operating, playing or permitting the operation or playing of any radio, stereo, televisions, phonograph, musical instrument, sound amplifier, or similar device which produces, reproduces or amplifies sound in a manner that makes it clearly audible across a residential real property boundary. Activities open to the public for which a proper permit has been issued shall be exempt from this provision.
Animals, birds, etc. The keeping of any animal or bird which frequently and for continued periods of time causes a condition of noise pollution in any residential zone in the city or within 300 feet of a building which is used, in whole or in part, for residential purposes in any zone in the city.
Hawkers, peddlers, etc. The offering for sale or selling of anything by shouting or outcry within a residential area of the city.
Loading, unloading, etc. The loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in a manner that causes a condition of noise pollution across a residential real property boundary.
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets at any place that causes a condition of noise pollution from 11:00 p.m. to 8:00 a.m.
Loudspeakers. Operating or causing to be operated a public address loudspeaker, whether mobile or stationary, between the hours of 9:00 p.m. and 8:00 a.m., or at any other time without the written permission of the Chief of Police or his designee.
Horns, signaling devices, etc. The sounding of any horn or signaling device on any motor vehicle or motorcycle for an unreasonable period of time, except as a danger warning.
Motorized vehicles; additional prohibitions.
No person, when not in traffic, shall operate the engine providing motive power, or an auxiliary engine, of a motor vehicle with a manufacturer's gross vehicle weight rating of 10,000 pounds or more for a consecutive period longer than five minutes while such vehicle is standing and located within 150 feet of property zoned and used for residential purposes except where such vehicle is standing within a completely enclosed structure. This section shall not apply to delivery or pickup vehicles that require the operation of the engine to unload or load their vending loads, nor to the operation of vehicles carrying products which must be kept refrigerated.
No person shall operate within the speed limits specified in subsection (g) either a motor vehicle, or a combination of vehicle of a type subject to registration, at any time or under any condition of grade, load, acceleration or deceleration in such manner as to exceed the noise limit listed in subsection (g) for the category or motor vehicle; based on the legal speed limit, posted or not, of the road or way on which operated, such noise to be measured at a distance of no more than 50 feet from the center line of travel under test procedures established by subsection (g). In the event the distance of the measuring instrument from center line of travel is less than 50 feet, such listed noise limits shall be corrected to reflect the equivalent noise limits for the actual distance.
No person shall operate a motorized recreational vehicle including, but not limited to, motor boats, dirt bikes, dune buggies, go-carts, mopeds, motor bikes, snowmobiles or permit the operation of one or more such recreational vehicles, individually or in a group or in an organized racing event, on public or private property in such a manner as to create a condition of noise pollution across a residential real property boundary.
Maximum noise levels. Following are the maximum noise levels that are permitted for the specified noise sources:
Construction, demolition and maintenance equipment.
Maximum noise level exclusions. The following devices shall be exempt from the maximum noise limitations set forth in subsection (g)(2) provided that noise barriers or noise shields are used to protect nearby areas from a condition of noise pollution:
Tonal sound corrections, exceptions. When a tonal sound, as defined in this section, is emitted by a noise source specified in subsection (g)(1) or (g)(2) herein, the limit on maximum noise levels shall be five dB(A) lower than the limit specified in subsections (g)(1) and (g)(2).
Alternative measurement procedures. If it is not possible to make a good noise level measurement at the distance specified in subsections (g)(1) and (g)(2), measurement may be made at an alternate distance and the noise level subsequently calculated for the specified distance. Calculations shall be made in accordance with established engineering procedures.
Noise sources causing noise pollution. When an offending noise source is located in public spaces, noise measurements shall be made at, and noise pollution determination made in relation to, any location a passerby might reasonably occupy. When the offending noise source is located on private property, noise measurements shall be made at, and noise pollution determination made in relation to, the boundary line of the property within which the offending source is located, or as close thereto as feasible.
Emergency signaling devices.
No person shall operate or permit the intentional sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in paragraph (2) of this subsection.
Testing of a stationary emergency signaling device shall occur at the same time of day each time the test is performed, but not before 8:00 a.m. or after 9:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall the test time exceed 60 seconds.
Stationary nonemergency signaling devices; exemption.
No person shall operate or permit the sounding of any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than one minute in any hourly period. In no event shall any such sounding take place before 8:00 a.m. or after 9:00 p.m.
Devices used in conjunction with places of religious worship shall be exempt from the operation of this section.
Enforcement. The police department shall be charged with the enforcement of the provisions of this section.
Penalties. Violations of any of the provisions of this section shall constitute a misdemeanor and any person, upon conviction of such violation, shall be fined in accordance with the following schedule:
Conflict with other regulations. The provisions contained within this section shall not relieve any person from complying with other laws, statutes, codes, regulations or ordinances of the commonwealth or the city.
Severability. If any provision(s) of this section or the application of such provision(s) to any person or circumstances shall be held invalid, the validity of the remainder of this section and applicability of such provisions to other persons or circumstances shall not be affected thereby.