[HISTORY: Adopted by the Town of Ashland 5-3-2017 Annual Town Meeting, Art. 16.[1] Amendments noted where applicable.]
[1]
Editor's Note: This enactment also repealed former Ch. 204,
Noise, adopted at the May 1995 Annual Town Meeting, as amended.
This bylaw is adopted to regulate, prohibit, eliminate and abate,
loud, unusual, and unnecessary noise, or noises which annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety of
others within the Town of Ashland.
1.
This Bylaw may be cited as "The Nuisance Noise Bylaw."
A.
"Nuisance Noise" is any noise that prevents a property owner from
enjoying the reasonable expectation of enjoyment of their property.
B.
"Reasonable Person" is able to judge in an unbiased manner the appropriateness of a given social situation. A reasonable person is informed, rational, capable, aware of the law, and fair minded when application of the law is sought taking into account the factors in § 204-4 of this Bylaw.
C.
"Responsible Party" is the owner or lessee, which is in control of
the property on which the noise is emanating and/or occurring at the
time the alleged violation occurs.
A.
No person or business shall make, continue, cause or permit to be
made or continued, any intermittent or continuous loud or excessive
noise by way of music, machinery, motor vehicles or any other means
which would disturb any Reasonable Person within the Town of Ashland.
B.
The following factors may be used to determine whether a noise is
unreasonably loud or excessive noise and is likely to disturb any
reasonable person including, but are not limited to:
i)
Land use and zoning from which the noise is emanating;
ii)
Land use and zoning of the surrounding area, including proximity
of the sound to any residential use or other use containing sleeping
quarters;
iii)
Time of day and day of week;
iv)
Duration;
v)
Volume;
vi)
Type or nature of the sound;
vii)
The frequency of occurrence;
viii)
The nature of the activity from which the sound emanates; and
ix)
Any other relevant factor.
A.
Motor Vehicle
and Machinery Noises.
i)
No person or business shall create loud, excessive, unusual or unnecessary
noise in the operation of a motor vehicle upon a public street, lane,
or thoroughfare within the Town of Ashland whether the noise is caused
by the mechanical condition of the motor vehicle or the manner which
the motor vehicle is operated and whether or not the vehicle is stationary
or moving at the time the noise is created.
ii)
No person or business shall emit or cause the emission of any loud,
excessive, unusual or unnecessary noise or noises which annoy, disturb,
injure, endanger, or detract from the comfort, repose, health, peace
or safety of others within the Town of Ashland resulting from any
of the following acts:
a)
The sounding of a motor vehicle signaling device or warning device,
or siren, except where required by state or federal law or authorized
by this Bylaw.
b)
The continuous operation of an engine or motor, in or on any motor
vehicle, or vehicles, or item of auxiliary equipment for a continuous
period exceeding five minutes while such is stationary unless:
1)
The vehicle or machinery is being driven or operated on a public
road or private way; or
2)
The vehicle, machine, auxiliary equipment, or engine is in an
enclosed structure so as to effectively prevent excessive noise emissions;
or
3)
Weather conditions justify the use of heating, refrigerating
or air conditioning systems powered by a motor or engine for the safety
and welfare of the operator, passengers or animals, or the preservation
of perishable cargo; or
4)
Prevailing low temperatures make longer idling periods necessary
after starting the motor or engine.
iii)
No person shall allow the diesel motor of a tractor, which pulls
a trailer or semi-trailer truck to remain running longer than 5 minutes
while the tractor-trailer or tractor alone is not in motion in any
zone.
iv)
The provisions of § 204-5(A) of this Bylaw do not apply
to an emergency vehicle, or to work on a public road or public utility
carried out by the Town of Ashland or to a contractor working on behalf
of the Town of Ashland.
B.
Commercial and Industrial Noise.
i)
No person shall operate a motor vehicle in the course of a commercial
enterprise in violation of § 204-5(A) above;
ii)
No person shall load or unload trucks in any area designated as being
a residential zone or within three hundred feet of the boundary of
such zone between the hours of 10 P.M. and 7 A.M.
iii)
No trash collection or dumpster collection shall take place
in any area designated as, or directly abutting a residential zone
between the hours of 10 P.M. and 7 A.M.
iv)
Every effort must be taken during trash collection and dumpster collection
in commercial and industrial zones (including adjusting pick-up times
and routes) so as to reasonably not create a nuisance in neighboring
residential zones. Every effort will be made between vendors and the
town to accommodate this clause.
v)
No person shall operate loud stationary machinery in any area designated
as residential or within three hundred feet of the boundary of such
zone between the hours of 10 P.M. and 7 A.M.
vi)
Any establishment granted a license for entertainment that is amplified
by microphone, amplifier, or the like will be subject to this Bylaw.
The entertainment should not be audible beyond the property boundaries
of the establishment.
vii)
No establishment granted a liquor license shall permit crowd
noise to be audible beyond the premises between the hours of 10 P.M.
and 7 A.M.
viii)
Any establishment granted an entertainment license by the local
licensing authority, may further be regulated by said authority; any
violations of said license shall be deemed a violation of this by-law.
C.
Domestic Noises.
i)
No person shall operate a power garden tool, hedge trimmer, roto-tiller,
power or hand lawn mower powered by an engine of any description in
a residential zone between the hours of 8 P.M. and 7 A.M.
ii)
No person shall operate a leaf-blower in a residential zone between
the hours of 8 P.M. and 8 A.M.
iii)
No person shall play music, either live or recorded, which interferes
unreasonably with the quiet enjoyment of a neighbor's property.
iv)
Any event, private or public, with an outdoor band will require notification
to the Police Department.
A.
Notwithstanding any of the provisions of this Bylaw, this Bylaw shall
not apply to any noise in connection with any of the following activities:
i)
Emergency Response.
ii)
The reasonable use of equipment or device to amplify the human voice
or music in a public park or recreational area in connection with
any public meeting, public celebration, recreational event, or other
permitted gathering.
iii)
Any band or parade approved by the Select Board or designee.
[Amended 11-20-2019 STM, Art. 13]
iv)
Any outdoor carnival, fair, performance or exhibition approved by
the Select Board.
[Amended 11-20-2019 STM, Art. 13]
v)
Any event authorized by the Town of Ashland on Town owned land.
vi)
The sounding of bells in churches, religious establishments and schools.
vii)
The sounding of factory whistles, train whistles and similar
devices at normal appropriate times.
viii)
Use of generators in times of a power outages.
ix)
Snow removal.
A.
The Select Board shall have the authority to grant special permit
on a limited basis. Any person seeking a special permit shall file
an application with the Select Board.
[Amended 11-20-2019 STM, Art. 13]
i)
The application shall contain information, which demonstrates that
bringing the source of the sound activity into compliance with this
Bylaw would constitute an unreasonable hardship on the applicant.
ii)
The Select Board shall establish appropriate procedures for processing
applications for such special permits, including such public hearing
as the Select Board deems appropriate.
iii)
In determining whether to grant or deny the application, the
Select Board shall consider the impact on the surrounding properties,
and health, safety and welfare of persons residing or working in the
abutting properties. Applicants for special permits and persons contesting
special permits may be required to submit information the Select Board.
iv)
The Select Board may issue a special permit for existing residential,
commercial, industrial and/or agricultural noise sources, which have
been operating on lawful basis prior to the effective date of this
bylaw.
v)
The Select Board shall notify the Planning Board, Board of Appeals,
the Board of Health, Police Department, and School Committee of the
application and the date of the public hearing.
vi)
Special permits shall be granted by notice to the applicant containing
all necessary conditions, including a time limit on the permitted
activity. Non-compliance with any condition of the special permits
shall be ground to revoke special permit.
vii)
Applications for extension of time limits specified in the special
variances or for modification of other substantial conditions shall
be treated like applications for initial special permit.
viii)
In granting or denying an application, the Select Board shall
place in the office of the Town Clerk a copy of the decision and the
reasons for denying or granting the special permit.
ix)
This special permit is granted to the applicant only. Under no circumstances
can this special permit be transferred to another party nor shall
it "run" with the land or business license.
A.
The Police Department, upon a complaint to the Department, will be
charged with the enforcement responsibilities of this Bylaw.
B.
Penalties for violations of this bylaw are listed below:
i)
The first violation of this Bylaw may result in the issuance of a
written warning or a citation indicating the reason(s) for the violation
and stating, at the investigating officer's discretion, a time period
within which the offender(s) must cease production of the noise, or
reduce the noise to acceptable levels which will then comply with
the restrictions and criteria of this Bylaw.
ii)
The second violation of this Bylaw shall be punished by a fine of
one hundred ($100.00) dollars.
iii)
Further violations of this Bylaw shall be punished by a fine
of three hundred ($300.00) dollars for each violation.
iv)
Each hour such violation occurs or continues shall be considered
a separate offense unless it occurs within the time period granted
for correcting the offense.
v)
Violations hereunder shall be issued against the Responsible Party
who shall be liable for any fines or violations of this bylaw.
A.
An offender who has been cited and/or fined pursuant to this Bylaw
can appeal the citation/fine within thirty (30) days after receiving
it by presenting to the Select Board or its designee, any alternative
information, situational evidence, or explanation of extenuating circumstances.
The Select Board or its designee shall hear the appeal, and may in
its sole discretion dismiss, or affirm the appeal, request additional
details. This appeal is final without further administrative remedy.
[Amended 11-20-2019 STM, Art. 13]
B.
Any appeals of the enforcement hereof, following the exhaustion of
the foregoing administrative remedy shall be take in in accordance
with G.L. c 40 § 21D.
A.
If any provision of this Bylaw shall be determined invalid or unenforceable
by final judgement or order of a court of competent jurisdiction,
the remaining provisions of this Bylaw shall continue in effect to
the fullest extent permitted by law.
