[Amended 4-24-2017 ATM by Art. 10]
A.
It shall be unlawful for any person or persons occupying or having charge of any building or premises or any part thereof in the Town, other than that section of any establishment licensed under MGL c. 138 and c. 140, § 181, to cause or suffer or allow any unnecessary, loud, excessive or unusual noises in the operation of any radio, phonograph or other mechanical sound-making device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the aforesaid, or the making of loud outcries, exclamations or other loud or boisterous noises or loud and boisterous singing by any person or group of persons or in the use of any device to amplify the aforesaid noise, where the noise is plainly audible at a distance of 400 feet from the building, structure, vehicle or premises in which or from which it is produced. The fact that the noise is plainly audible at a distance of 400 feet from the vehicle or premises from which it originates shall constitute prima facie evidence of a violation of this bylaw.
B.
It shall be unlawful for any person or persons being present in or about any building, dwelling, premises, shelter, boat or conveyance or any part thereof, other than that section of any establishment licensed under MGL c. 138 and c. 140, § 181, to cause or allow any loud, unnecessary, excessive or unusual noises, including any loud, unnecessary, excessive or unusual noises in the operation of any radio, phonograph, or other mechanical sound-making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or the making of loud outcries, exclamation or other loud or boisterous noises or loud and boisterous singing by any person or group of persons, or in the use of any device to amplify the aforesaid noise, where the aforesaid noise is plainly audible at a distance of 400 feet from the building, dwelling, premises, shelter, boat, or conveyance in which it is produced. The fact that the noise is plainly audible at a distance of 400 feet from the premises from which it originates shall constitute prima facie evidence of a violation of this bylaw. Any person shall be deemed in violation of this bylaw who shall make or aid, or cause, or suffer, or allow, or assist in the making of the aforesaid and described improper noises, disturbance, or breach of the peace, and the presence of any person or persons in or about the building, dwelling, premises, shelter, boat, or conveyance or any part thereof during a violation of this bylaw shall constitute prima facie evidence that they are a part of such violation.