[HISTORY: Adopted by the City Council of the City of Quincy 6-7-2010 by Order No. 2010-114 (Ch. 9.20 of the 1993 Code).
Amendments noted where applicable.]
A.
The Quincy City Council finds that excessive noise harms residential
life, public health, and general welfare and impairs the fundamental
enjoyment of residential real estate. The intent of this chapter is
to control noise sources to protect residential life, public health,
and general welfare and to promote the peaceful enjoyment of residential
real estate. Quincy, as a community with many residential properties
that abut, or are located near, establishments that generate noise,
requires legislation to address this problem in a manner that is fair
to both the resident(s) and the commercial establishment(s) involved.
This chapter must be liberally construed if and when necessary to
carry out this intent.
B.
The Department of Inspectional Services ("Department") shall administer
this chapter.
(1)
The Department must coordinate proposed noise abatement programs
within the City of Quincy.
(2)
The Department, Zoning Board of Appeals (ZBA) and/or any special
permit granting authority so sitting, Planning Board, Board of Licensing
Commissioners and Conservation Commission must establish procedures
to identify and reduce noise sources when they issue permits, variances,
exemptions, approvals, conditions, or certifications.
[Amended 6-1-2020 by Order
No. 2020-012]
(3)
The Department, as the oversight authority, shall make recommendations
to the Mayor, City Council, and Planning Board regarding noise control
policy, administrative policies, and enforcement and assist in the
identification of noise-sensitive areas.
In this chapter, the following words and phrases have the following
meanings:
Temporary activities directly associated with site preparation,
assembly, erection, repair, alteration, or demolition of structures
or roadways.
A continuous sound level that has duration of more than one
second. "Continuous noise" may include but is not limited to the following:
amplified music or voice, unamplified music or voice, horn or signaling
device from nonemergency vehicles, leaf blowers, wood chippers, chain
saws, landscaping equipment, construction equipment, vacuums, or a
howling dog.
The hours from 7:00 a.m. to 5:00 p.m. on weekdays and 9:00
a.m. to 5:00 p.m. on weekends and holidays or any hours permitted
by the Director of Inspectional Services in the event of an emergency.
The abbreviation designating the unit of sound level as measured
by a high precision grade sound-level meter using A-weighting.
A unit of measure equal to 10 times the logarithm to the
base 10 of the ratio of a particular sound pressure squared to the
standard reference pressure squared. For this chapter, the standard
reference pressure is 20 micropascals.
The Department of Inspectional Services.
The Director of Inspectional Services or the Director's authorized
designee.
A meter used to measure sound meeting the standards of ANSI,
as they may be amended from time to time.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second. "Impulsive
noise" may include but is not limited to the following: noise from
weapons fire, pile drivers, punch presses, a barking dog, or loading,
unloading, opening, closing, or otherwise handling containers.
The hours from 5:00 p.m. to 7:00 a.m. weekdays and 5:00 p.m.
to 9:00 a.m. weekends and holidays.
Sound, including sounds emanating from any and all sources,
irrespective of the source or sources, heard by an individual or captured
by a sound recording/measuring device.
Any noise that is:
Unpleasant, annoying, offensive, loud or obnoxious;
Unusual for the time of day or location where it is produced
or heard; or
Detrimental to the health, comfort, or safety of any individual
or to the reasonable enjoyment of property or the lawful conduct of
business because of the loudness, duration, or character of the noise.
A written plan to use the most effective noise-suppression
equipment, materials, and methods appropriate and reasonably available
for a particular type of construction.
Refers to Business A, B and C and Industrial A and B Zoning Districts as defined by Chapter 375, Zoning, of Quincy's Municipal Code.
An individual, group of individuals, corporation, firm, partnership,
or voluntary association, or a department, bureau, agency, or instrument
of the county or any municipality, or of any other government to the
extent allowed by law.
Any location on real property where people live or work and
where noise can be heard, including an apartment, condominium unit,
or cooperative building unit, including attached balconies.
Refers to Residence A, B and C and PUD Zoning Districts as defined by Chapter 375, Zoning, of Quincy's Municipal Code.
[Amended 6-1-2020 by Order
No. 2020-012]
A.
A Noise Control Advisory Board must advise the Mayor, Director of
Inspectional Services, City Council, and Planning Board on noise control
issues, including administration and enforcement of this chapter.
B.
The Board consists of seven members appointed by the Mayor and confirmed
by the City Council, each of whom shall be appointed within 30 days
of the passage of this chapter into law. The terms of the members
shall be staggered at the time of initial appointment, and after the
first appointments establishing the Board will commence on the first
Monday of February as terms end:
C.
When appointing the first seven members to serve on the Board the Mayor must designate the term in Subsection B for which the Mayor is appointing each individual member.
D.
Three members are to be appointed without regard to profession. Two
members are to be appointed from the legal profession. Two members
are to be appointed from the community.
E.
The Board must elect one member as Chairperson and another member
as Vice Chairperson to serve at the pleasure of the Board. The Board
must meet at the call of the Chairperson as required to perform its
duties, but not less than once each quarter. A majority of the members
of the Board constitutes a quorum for transacting business. The Board
may act by a majority vote of those present.
F.
At least every third year, the Board must evaluate the effectiveness
of the City's noise control program and recommend any improvements
to the Director of Inspectional Services, Mayor, City Council, and
Planning Board.
G.
No later than March 1 each year, the Chairperson of the Board must
report to the Director of Inspectional Services, Mayor, City Council,
and Planning Board on activities and actions the Noise Control Advisory
Board took during the previous calendar year.
A.
A person, business, event, contraption, or animal must not cause
a noise disturbance or permit noise levels that exceed the following
levels when measured on the receiving property/receiving noise area:
|
Maximum Allowable Noise Levels (dBA) for Receiving Noise
Areas
| ||
|---|---|---|
|
Daytime
|
Nighttime
| |
|
Nonresidential noise area
|
77
|
72
|
|
Residential noise area
|
75
|
65
|
B.
Sound that crosses from a nonresidential noise area to a residential noise area must not exceed the levels set in Subsection A for residential noise areas.
C.
Sound must be measured by a high precision instrument or recording
device on the receiving property where noise from the offending source
is greatest. When the complainant is not on a receiving property he
cannot seek enforcement action under this chapter.
A.
Maximum allowable noise levels for construction.
(1)
A person must not cause or permit noise levels from construction
activity that exceed the following levels:
(a)
From 7:00 a.m. to 5:00 p.m. weekdays: (The hours set forth in this
chapter are not intended to modify the time restrictions otherwise
set forth in the Code for use of machinery and other noisy and disturbing
items, which time restrictions shall remain in full force and effect.)
(2)
Construction noise levels must be measured at the location, at a
distance no more than 50 feet from the source where noise from the
source is greatest.
(3)
The Department must, by administrative policies, establish requirements
for noise-suppression plans and adopt procedures for evaluating and
approving plans. The administrative policies must provide that, at
least 10 days before approving a noise-suppression plan, the Director
must provide public notice reasonably calculated to reach at least
a majority of households that might be affected by the construction
activity where noise levels are above 75 dBA.
B.
Examples. The following examples illustrate common construction noise-producing acts that violate this chapter if they exceed the noise level standards set in Subsection A or create a noise disturbance. The examples are illustrative only and do not limit or expand the construction noise level or noise disturbance standards of this chapter.
A.
The Department must issue administrative policies establishing the
equipment and techniques it will use to measure sound levels. The
Department may rely on currently accepted standards of recognized
organizations, including the American National Standards Institute
(ANSI), the American Society for Testing and Materials (ASTM), and
the United States Environmental Protection Agency.
B.
For multiple sources of sound it is permissible for the Department
to measure sound levels at any point or distance to determine the
source of a noise.
A.
Upon a two-thirds vote, the City Council may designate land within
any geographical area as a noise-sensitive area, so as to protect
public health, safety, and welfare. Land including uses such as churches,
nursing homes, libraries and/or schools shall be examples of such
potentially designated land.[1]
[1]
Editor's Note: Orders designating specific noise-sensitive
areas are included as attachments to this chapter.
B.
Any such designation so voted must include within the vote:
(1)
A description
of the area by reference to named streets or other geographic features;
(2)
An
explanation of the reasons for the designation;
(3)
Established
specific noise limits or requirements that apply in the noise-sensitive
area; and
(4)
A description
by example or enumeration of activities or sources that violate the
noise disturbance limits or requirements.
This chapter does not apply to:
A.
Residential landscaping equipment maintained in accordance with the
manufacturer's specifications.
B.
Emergency operations by fire and rescue services, police agencies,
or public utilities and their contractors.
C.
A source or condition expressly subject to any state or federal noise
control law or regulation that is more stringent than this chapter.
D.
Sound, not electronically amplified, created between 7:00 a.m. and
11:00 p.m. by sports, amusements, or entertainment events or other
public gatherings operating according to the requirements of the appropriate
permit or licensing authority. This includes athletic contests, carnivals,
fairgrounds, parades, band and orchestra activities, and public celebrations,
except in areas designated noise-sensitive areas.
E.
Noise sources associated with routine residential living during daytime
hours, such as home workshops, power tools, and power lawn and garden
equipment, when used in accordance with manufacturer specifications.
This exception does not apply to repairs or maintenance on a motor
vehicle that is not registered for use on public roads and/or amplified
sound originating from a home entertainment system, television, stereo
or similar electronic device.
F.
Boats operated in accordance with manufacturer specifications.
A.
Temporary waiver.
(1)
The Director may waive any part of this chapter for a temporary event
if the noise the event will create or cause in excess of the limits
established under this chapter is offset by the benefits of the event
to the public.
(2)
In order to obtain a temporary waiver, a party must apply to the
Director on a form prescribed by him, with said application provided
at least 30 days prior to the event. The Director shall provide notice
of such application by announcing the same at the next available Board
of Licensing Commissioners hearing and providing a written notification
that shall be made a part of the Board of Licensing Commissioners
agenda. The notice shall provide that written objection and/or comment
on the application must be submitted to the Director at least 10 days
prior to the scheduled event. The Director shall notify the applicant,
the Board of Licensing Commissioners, and any party that provides
written comment/objection of his decision, in writing, at least seven
days prior to the scheduled event. If this notice provision is not
adhered to by the Director, then the application for waiver shall
be deemed denied.
(3)
No temporary waiver shall apply to an event that occurs on four or
more days within a seven-day period.
B.
Other waiver. Any waiver other than a temporary waiver may only be
granted by the Board of Licensing Commissioners and shall be subject
to the administrative and procedure regulations of that body.
A.
The Department of Inspectional Services is responsible for the enforcement
of this chapter. Consistent with the provision of municipal ordinance,
the Police Department shall retain its enforcement authority relative
to the provisions herein, subject to the discretion of the Chief of
Police.
B.
Each day a violation continues is a separate publishable offense. A violation of § 215-5 is a separate punishable offense.
C.
A single fine of $100 per day will be assessed upon the violation
of any section of this chapter.
D.
The Department may seek injunctive or other appropriate judicial
relief to stop or prevent continuing violations of this chapter.
E.
For any offender violating provisions of this chapter that holds
a license granted by the Board of Licensing Commissioners of the City
of Quincy, a disciplinary hearing will take place upon three violations
within a twelve-month period. Disciplinary actions to be considered
shall include license suspension by day as well as total license revocation.
F.
If the Director finds that a person has violated this chapter, the
Director may issue a notice of violation and corrective order to the
person. The notice must contain the following information:
G.
The compliance plan referred to in Subsection F(4) must establish a schedule for achieving compliance with this chapter, as specified in the corrective order. A compliance plan and amendments to a plan are not effective until the Director approves the plan or amendment. An action allowed under an approved compliance plan does not violate this chapter.
H.
A person aggrieved by any action or order of the Director under this
chapter shall seek review in accordance with the provisions of MGL
c. 249.
(1)
A person responsible for a violation of § 215-5 and the person responsible for the management or supervision of the construction site where the source of the violation is located are jointly and severally liable for the violation.
(2)
For recurring violations of § 215-5 on the same construction site, in addition to any other penalty under this chapter, the Director may issue a stop-work order for up to:
(a)
Three consecutive working days for a second violation within
30 days after the first violation;
(b)
Five consecutive working days for a third violation within 60
days after the first violation; and
(c)
Seven working days per offense for the fourth and subsequent
violations within a one-hundred-twenty-day period.
(3)
This section does not limit the Director's authority to revoke a
permit or approval issued under that section.
I.
Any person aggrieved by a violation of this chapter may file a civil
action in any court with jurisdiction against a person responsible
for the alleged violation. The aggrieved person must notify the alleged
violator and the Director of Inspectional Services of the alleged
violation at least 60 days before filing the action.
