Chronic or repeated exposure to excessive noise is detrimental
to public health. The purpose of this regulation is to protect and
preserve the health, safety and welfare of the general public from
excessive noise in the City of Beverly.
This regulation is promulgated under the authority granted to
the Beverly Board of Health pursuant to MGL c. 111, § 31,
that "[b]oards of health may make reasonable health regulations."
As used in this regulation, the following words shall have the
following meanings, unless the context requires otherwise:
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
dB(A).
AMBIENT NOISE LEVEL
The background A-weighted sound level that is exceeded 90%
of the time, measured at a time when comparison with alleged offensive/excessive
noise is to be made.
DOMESTIC EQUIPMENT
Electrical, battery or generator powered equipment and nonpowered
equipment and tools intended for use at a residential property by
a homeowner. (Examples include, but are not limited to, chain saws,
log splitters, power saws, drills, hammers, hand saws, and other home,
lawn and garden tools.)
EMERGENCY WORK
Any machinery, vehicle or equipment used, or work done, employed
or performed in an effort to protect, provide or restore safe conditions
related to an emergency.
EXCESSIVE NOISE
A type of air pollution that results from sounds that cause
a nuisance, are or could injure public health, or unreasonably interfere
with the comfortable enjoyment of life, property, or the conduct of
business.
PERSON
Any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or entity,
public or private.
RESIDENTIAL PROPERTY
Any parcel of real property which is developed and used either
in part or in whole for residential purposes, excluding transient
uses such as hotels and motels.
SOUND LEVEL METER
An instrument for the measurement of sound levels which meets
or exceeds the requirements pertinent for Type SEA meters in the American
National Standards Institute specifications for sound level meters,
S1.4-1971, or the most recent revision thereof.
This regulation shall not apply to sounds emitted during and
associated with:
A. Parades, public gatherings or sporting events which have been sanctioned
by the City of Beverly.
B. Any sanctioned activities conducted on any park or playground from
sunrise to sunset.
C. Customary activities conducted on the grounds of any public or private
nursery, elementary, intermediate or secondary school or college.
D. Emergency police, fire and ambulance vehicles.
E. Police, fire, DPS, mosquito control, civil and national defense activity.
F. All mechanical devices, apparatus or equipment which are utilized
to give relief from inclement weather conditions, including but not
limited to, snow blowers and plows.
G. Any mechanical device, apparatus or equipment used, related to, or
connected with emergency machinery, vehicle or work, including, but
not limited to, emergency generators.
H. Servicing of commercial dumpsters, provided said activities take place between 7:00 a.m. and 8:00 p.m. on any day except Sunday or a federal holiday or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a federal holiday. No contractor shall remove dumpster contents prior to 7:00 a.m. nor later than 8:00 p.m. (§
244-2G).
I. Domestic equipment, provided said activities take place between 7:00
a.m. and 8:00 p.m. on any day except Sunday or a federal holiday,
or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a federal
holiday.
J. Noise sources associated with construction, repair, remodeling, grading
or maintenance of real property, provided such activities take place
between 7:00 a.m. and 8:00 p.m. on any day except Sunday or a federal
holiday, nor at any time on Sunday or a federal holiday.
K. Any aircraft operated in conformity with, or pursuant to, federal
law and federal air regulations.
L. Any activity to the extent regulation thereof has been preempted
by state or federal law.
If any paragraph or provision of this regulation is found to
be illegal or against public policy or unconstitutional, it shall
not affect the legality of any remaining paragraphs or provisions.
This regulation shall be effective as of July 1, 2018.