As used in this by-law, the following terms shall have the meanings
indicated:
PLAINLY AUDIBLE
Any sound from a source regulated by this by-law 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.
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 by-law to cease any prohibited activities which are specified in this by-law, and if the person or persons so ordered does not forthwith obey, the officer may enforce this by-law in accordance with the provisions set forth in §
1-6 of these By-laws, provided however that for purposes of non-criminal disposition, the initial violation shall be subject to a fine of $100, and any subsequent violations shall be subject to a fine of $300.
A. If the
person or persons responsible for violation(s) of this by-law 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).
B. The Town
may enforce this by-law 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.
The following uses and activities shall be exempt from the noise
level regulations:
A. Any law
enforcement motor vehicle equipped with any communication or signaling
device necessary in the performance of law enforcement duties.
B. Any fire
apparatus, ambulance, rescue, public works or emergency response vehicle
in performance of their public safety responsibilities.
C. Any emergency
vehicle equipped with any communication device necessary in the performance
of any emergency procedures.
D. Any highway
maintenance, water department, or public utilities vehicle utilizing
an amplified communications system in the performance of their responsibilities.
E. Announcing
systems at sanctioned sporting or other authorized public events.
F. Noises
of safety signals, warning devices and emergency pressure relief valves
during public emergencies.
G. Noises
resulting from any authorized vehicle(s) responding to an emergency
call or acting in time of emergency.
H. 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.
I. Parades,
music festivals, public gatherings, and events for which the Selectmen
have issued a permit provided that such parades, music festivals,
public gatherings and events in one city or town do not cause or allow
any noise to be plainly audible in another city or town.
J. 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 9:00 p.m.
K. Snow removal
from public or private parking lots, drives, roadways, driveways,
sidewalks, and other vehicle- or pedestrian-traveled surfaces.
L. Noises
resulting from activities of a temporary duration being conducted
by a public utility company to repair/maintain public utility infrastructure.
M. Noises
for which the Board of Selectmen has granted a special permit.
N. Construction
activity under a valid permit issued by the Chief of Police pursuant
to G.L. c.136, §§ 7 or 15.
O. Police,
fire, and civil, state and national defense official activities.
P. Noise associated
with loading/unloading activities in designated loading zones during
approved hours as established by the Board of Selectman, so long as
conducted in a manner so as to suppress sounds to as great an extent
as is feasible, consistent with § 192-2(C). hereof.
If any part of this by-law 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 by-law.