[Adopted as Art. 23 of the 1981 Bylaws; amended 4-22-2002 ATM, approved 8-30-2002]
In order to control unnecessary, excessive and annoying noise
in the Town of Belmont, it is hereby declared to be the policy of
the Town to prohibit such noise generated from or by all sources as
specified in this bylaw.
[Amended 5-29-2013 STM, approved 10-8-2013]
Except as may be specified herein, acoustical terminology used
throughout this bylaw is that approved as American National Standard
Acoustical Terminology (ANSI S1.1-1994) by the American National Standards
Institute (ANSI). The following words, phrases and terms as used in
this bylaw shall have the meanings as indicated below:
The sound level associated with a given environment, being
a composite of sounds from all sources excluding the alleged offensive
noise, at the location and approximate time at which a comparison
with the alleged offensive noise is to be made.
Those activities requiring a building permit, and shall also
include any site preparation, cemetery burial and caretaking operations,
seismic surveys, grading, assembly, erection, substantial repair,
alteration, or similar action, including demolition, for or of public
or private rights-of-way, structures, utilities or similar property.
The A-weighted sound-pressure level expressed in decibels
and referenced to 20 micropascals.
Any vehicle operated in an effort to protect, provide or
restore public safety, including but not limited to ambulances, police
vehicles and fire vehicles.
Any work performed in an effort to protect, provide or restore
public safety, or work by private or public utilities when restoring
utility service.
Any police officer of the Town or any other Town employee designated by the Select Board for this purpose. For complaints under § 60-620, "enforcing person" shall also include any authorized employee of the Office of Community Development.
A construction device in which or by which a hammer, meaning
a moving mass of hard solid material, is mechanically by means of
a working fluid or compressed air caused to repetitively impact upon
and transmit kinetic energy to a tool. The tool may be included as
a part of the device, as in the case of a moil on a paving breaker
or the drill steel of a jackhammer, or it may be a mass to which the
impact device is temporarily connected as in the case of a pile and
pile driver. Examples of impact devices are pile drivers, paving breakers,
power impact hammers, impact wrenches, riveters and stud drivers.
The total sound level created, caused, maintained by, or
originating from an alleged offensive source at a specified location
while the alleged offensive source is in operation.
The level of a constant sound which, in a given situation
and time period, would convey the same sound energy as does the actual
time-varying sound during the same period, as measured with a sound-level
meter measuring Leq.
A person, firm, association, copartnership, joint venture,
corporation or any entity recognized by applicable law, public or
private in nature.
A parcel of real property which under the Belmont Zoning
Bylaw is in whole or in part in a Single Residence A, Single Residence
B, Single Residence C, Single Residence D, General Residence or Apartment
House District or Senior Living or Residential Subdistrict.
The instantaneous A-weighted sound-pressure level, in decibels,
as measured with a sound-level meter set to the "A" weighting scale,
slow response.
An instrument meeting American National Standard Institute's
Standard S1.4-1983 for Type 1 or Type 2 sound-level meters or an instrument
and the associated recording and analyzing equipment which will provide
equivalent data.
The properties hereinafter described are hereby assigned to
the following noise zones:
A.
It shall be unlawful for any person at any location within the area
of the Town to create any loud noise, or to allow the creation of
any noise, on property owned, leased, occupied or otherwise controlled
by such person, which causes the sound level when measured on any
other property to exceed the greater of:
B.
If the intruding noise source is continuous and cannot reasonably
be discontinued or stopped for a time period whereby the background
sound level can be determined, the measured sound level obtained while
the source is in operation shall be compared directly to the maximum
allowable exterior sound level outlined in Table I.
A.
Noise associated with construction is permitted between 7:00 a.m.
and 8:00 p.m. on weekdays and Saturdays provided the sound level from:
(1)
Non-impact devices does not exceed 70 dBA as measured over a time
interval of 10 minutes with a sound-level meter set to Leq located on any other property, but at least 50 feet
from the construction activity; and
(2)
Impact devices does not exceed 90 dBA as measured with a sound-level
meter set to slow response located on any other property, but at least
50 feet from the construction activity.
A.
Noise associated with maintenance is permitted between 7:00 a.m.
and 8:00 p.m. on weekdays and Saturdays and between the hours of 9:00
a.m. and 8:00 p.m. on Sunday, provided the sound level does not exceed
80 dBA as measured with a sound-level meter set to slow response on
any other property, but at least 50 feet from the maintenance activity.
B.
If it is not possible to make an accurate sound-level measurement
at the specified distance of 50 feet, measurements made at an alternate
distance can be used, if the level is recalculated for an equivalent
expected sound level at 50 feet. Calculations shall be made in accordance
with established engineering practices for noise measurement and assessment,
including those established or recommended by the United States Environmental
Protection Agency (USEPA).
Noise associated with the following activities shall be exempted
from the provisions of this bylaw:
A.
Emergency work or emergency vehicles;
B.
The operation of any vehicular alarm, provided it terminates within
15 minutes of the initially recorded complaint;
C.
Activities, other than construction, conducted in public parks and
playgrounds, and on public or private school grounds so long as authorized
by the appropriate jurisdiction, including but not limited to school
athletic and school entertainment events;
D.
Occasional outdoor gatherings, public dances, shows, and sporting
and entertainment events, provided said events are conducted pursuant
to a permit or license issued by the appropriate jurisdiction relative
to the staging of said events;
E.
Snow removal performed by snowblowers, snow throwers or snowplows
when appropriately outfitted with a muffler; and
F.
Any activity to the extent regulation thereof has been preempted
by state or federal law.
A.
Violations under this article, in the discretion of the enforcing
person, may be enforced by noncriminal disposition as provided in
MGL c. 40, § 21D ("§ 21D").
C.
The penalty for a violation under § 60-620 shall be $50 for a first offense next after the first warning, $100 for a second offense, and $300 for a third offense and each succeeding offense. Each day or part thereof shall constitute a separate offense. Additionally under § 60-620, at the discretion of the enforcing person, all construction activities may be suspended following initial warning until the violation is cleared to the reasonable satisfaction of the enforcing person.
D.
An enforcing person taking cognizance of a violation of this article
or any rule or regulation adopted hereunder shall give the offender
a written notice to appear before the Clerk of the District Court
having jurisdiction thereof for the noncriminal disposition thereof
in accordance with the provision of § 21D. The provisions
of § 21D are incorporated by this reference.
A.
Violations of this article shall be prosecuted in the same manner
as other violations of the Belmont General Bylaws; provided, however,
that in the event of an initial violation of the provision of this
article, a written notice shall be given the alleged violator which
specifies the time by which the condition shall be corrected. No complaint
or further action shall be taken in the event the cause of the violation
has been removed or fully corrected within the time period specified
in the written notice.
B.
In the event the alleged violator cannot be located in order to serve
the notice of intention to prosecute, the notice as required herein
shall be deemed to be given upon mailing such notice by registered
or certified mail to the alleged violator at his last known address
or at the place where the violation occurred, in which event the specified
time period for abating the violation shall commence at the date of
the day following the mailing of such notice. Subsequent violations
shall result in the immediate filing of a complaint.
[Amended 5-29-2013 STM, approved 10-8-2013]
A.
The invalidity of any section or provision of this bylaw shall not
invalidate any other section or provision hereof.
B.
Nothing in the bylaw shall preclude the Select Board and Planning
Board from establishing a construction plan for a particular large-scale
development that is more stringent than the existing bylaw.
