[Gen. Ords. 1962, § 11-9]
(a)
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.
(b)
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.
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State law reference—Weapons generally, M.G.L.A. c. 269,
§ 10 et seq.
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[Gen. Ords. 1962, § 11-12]
(a)
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]
(a)
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.
(b)
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.
[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]
(a)
ALARM SYSTEM
ALARM USER or USER
AUTOMATIC DIALING DEVICE
CENTRAL STATION
CITY
COMMUNICATIONS CONSOLE
DIRECT CONNECT
FALSE ALARM
(1)
(2)
INTERCONNECT
POLICE CHIEF
POLICE OR POLICE DEPARTMENT
PUBLIC NUISANCE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings given
herein:
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.
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.
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.
An office to which remote alarm and supervisory signaling
devices are maintained continuously to investigate signals.
The City of Waltham.
The instrumentation on an alarm console at the receiving
terminal of a signal line which, through both visual and audible signals,
indicates line trouble.
An alarm system which has the capability of transmitting
system signals to and receiving them at the Waltham Police Department
Communications Center.
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;
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.
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Excluded from this definition are activations of alarm systems
caused by power outages, "trouble" alarms consisting of line interference
caused by utility companies or other outside sources, hurricanes,
tornadoes, earthquakes and similar conditions.
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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.
The chief of police of the city or his designated representative.
The city police department or any authorized agent thereof.
Anything which annoys, injures or endangers the comfort,
repose, health or safety of any considerable number of persons or
of any community or neighborhood.
(b)
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.
(1)
Automatic dialing devices; interconnection to police department.
a.
No automatic dialing device shall be interconnected to any telephone
numbers at the police department after the effective date of this
section.
b.
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.
(3)
Direct connections to police department.
a.
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.
b.
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.
c.
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.
(4)
Control and curtailment of signals emitted by alarm systems.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
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In the event that the police chief is unable 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,
or if the aforesaid persons cannot or will not curtail the audible
signal being emitted by the alarm system, and if the police chief
is otherwise unable to abate the nuisance, he may direct a police
officer or a qualified alarm technician to enter upon the property
outside the home or building in which the alarm system is located
and take any reasonable action necessary to abate the nuisance.
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If entry upon property outside the home or building in which
the alarm system is located is made in accordance with this subsection,
the person so entering upon such property:
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1.
Shall not conduct, engage in, or undertake any search, seizure,
inspection or investigation while he is upon the property;
2.
Shall not cause any unnecessary damage to the alarm system or
to any part of the home or building; and
3.
Shall leave the property immediately after the audible signal
has ceased.
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After an entry upon property has been made in accordance with
this subsection, the police chief shall have the property secured,
if necessary. The reasonable costs and expenses of abating a nuisance
in accordance with this section may be assessed to the alarm user,
said assessment not to exceed fifty dollars ($50.00).
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Within ten (10) days after abatement of a nuisance in accordance
with this subsection, the alarm user may request a hearing before
the city council and may present evidence showing that the signal
emitted by his alarm system was not a public nuisance at the time
of the abatement; that unnecessary damage was caused to his property
in the course of the abatement, that the costs of the abatement should
not be assessed to him; or that the requirements of this subsection
were not fulfilled. The council shall hear all interest parties and
may in its discretion, reimburse the alarm user for the repairs to
his property necessitated by the abatement, or excuse the alarm user
from paying the costs of the abatement.
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(5)
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.
(6)
False alarms.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
(7)
Penalties. The following acts and omissions shall constitute violations
of this section punishable by a fine of fifty dollars ($50.00):
a.
Failure to obey an order of the police chief to discontinue use of
an alarm system, after exhaustion of the right of appeal;
b.
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;
c.
Interconnection of an automatic dialing device to any telephone numbers
at the police department after the effective date of this section;
d.
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]
(a)
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.
(b)
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.
(c)
Definitions. For the purposes of this section the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
(1)
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.
(2)
DECIBEL — The unit by which sound volume is measured.
(3)
dB — The abbreviation for decibel.
(4)
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.
(5)
DEMOLITION — Any dismantling, intentional destruction or removal
of structures, utilities, public or private right-of-way surfaces,
or similar property.
(6)
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.
(7)
EMERGENCY WORK — Work which must be performed to alleviate
an emergency.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
PAVEMENT BREAKER — Any hydraulically or pneumatically
powered impact device intended to cut or trench pavement, subbase
macadam, gravel, concrete or hard ground.
(13)
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.
(14)
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.
(15)
TONAL SOUND — Any sound that is judged by a listener to
have the characteristics of a pure tone, whine, hum or buzz.
(d)
Exceptions. The provisions of this section shall not apply to:
(1)
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.
(2)
The emission of sound in the performance of emergency work.
(3)
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).
(4)
The unamplified human voice, except where otherwise prohibited by
the provisions of this section.
(5)
The emission of sound in the performance of military operations exclusive
of travel by individuals to or from military duty.
(6)
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.
(7)
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.
(8)
Parades, public gatherings, or sporting events for which proper permits
have been issued.
(9)
Emergency vehicles, including police, fire and civil defense, and
ambulances.
(10)
Locomotive trains.
(e)
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.
(f)
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.
(1)
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:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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:
(2)
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.
(3)
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.
(4)
Hawkers, peddlers, etc. The offering for sale or selling of anything
by shouting or outcry within a residential area of the city.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
Motorized vehicles; additional prohibitions.
a.
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.
b.
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.
c.
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.
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For the purposes of subsection (f), "weekdays" shall be understood
to mean that period of time extending from 7:00 a.m. on Monday until
9:00 p.m. on Saturday of each week, but excluding holidays.
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(g)
Maximum noise levels. Following are the maximum noise levels that
are permitted for the specified noise sources:
(1)
Vehicular sources.
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Maximum Noise Level dB(A) Permitted
| |||
|---|---|---|---|
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Vehicle Class
|
Stationary Run-up, Speed Limit 35 mph or less
|
Speed Limit 35 to 45 mph
| |
|
All vehicles over 10,000 pounds GVWR
|
86
|
90
| |
|
All motorcycles
|
82
|
82
| |
|
Automobiles and light trucks
|
75
|
75
| |
|
Measurements shall be made at a distance of 50 feet from the
closest point of pass-by of a source or 50 feet from a stationary
vehicle.
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This section applies to the total noise from a vehicle or combination
of vehicles and shall not be construed as limiting or precluding the
enforcement of any other provisions of this Code relating to motor
vehicle muffler or noise control.
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The measurement of sound or noise shall be made with a sound
level meter meeting the standards prescribed by the American National
Standards Institute (ANSI) or its successor body. The instrument shall
be maintained in calibration and good working order. A calibration
check shall be made of the system at the time of any noise measurement.
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Measurements recorded shall be taken so as to provide proper
representation of the noise source. The microphone during measurement
shall be positioned so as not to create any unnatural enhancement
or diminution of the measured noise. A windscreen for the microphone
shall be used when required. Traffic, aircraft, and other transportation
noise sources and other background noises shall not be considered
in taking measurements except where such background noise interferes
with the primary noise being measured.
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Every motor vehicle shall at all times be equipped with a muffler
in good working order and in constant operation to prevent noise which
exceeds the dB(A) levels in subsection (g).
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(2)
Construction, demolition and maintenance equipment.
|
Maximum Noise Level dB(A) Permitted
| |||
|---|---|---|---|
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a.
|
Construction Item: Backhoe, bulldozer, concrete mixer, dumptruck,
loader paver, pneumatic tools, roller, scraper, cranes (but specifically
excluding jackhammers, pavement breakers, pile drivers, rock and cranes)
|
90
| |
|
Air compressor, tractor (full size)
|
85
| ||
|
Generator
|
80
| ||
|
Maximum Noise Level dB(A) Permitted
| |||
|---|---|---|---|
|
Electric drills, sanders, saws (including chainsaws) or other
power tools of all types, whether hand held or otherwise
|
75
| ||
|
b.
|
Maintenance Item:
| ||
|
Chipper (running at full speed, but not chipping), leaf vacuum
|
90
| ||
|
Solid waste compactor
|
85
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Home tractor, leaf blower
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80
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Lawn mower or trimmer
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75
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Noise measurements shall be made at a distance of 50 feet from
the source or from the property line.
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(3)
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:
(4)
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).
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The provisions of this paragraph (4) shall not apply to activities
covered by subsections (g)(1), motorized vehicles; (i), emergency
signaling devices; and (j), stationary nonemergency signaling devices.
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(5)
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.
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All noise-level measurements made pursuant to this subsection
shall be made with a type I or II A-weighted sound level meter as
specified under the American National Standards Institute (ANSI) standards.
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(h)
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.
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All noise level measurements made pursuant to subsection (g) shall be made with a type I or II A-weighted sound level meter as specified under the American National Standards Institute (ANSI) standards.
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(i)
Emergency signaling devices.
(1)
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.
(2)
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.
(j)
Stationary nonemergency signaling devices; exemption.
(1)
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.
(2)
Devices used in conjunction with places of religious worship shall
be exempt from the operation of this section.
(k)
Enforcement. The police department shall be charged with the enforcement
of the provisions of this section.
(l)
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:
(m)
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.
(n)
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.
