Town of West Stockbridge, MA Chapter 185 Noise

[HISTORY: Adopted by the Town of West Stockbridge 6-22-2020 ATM by Art. 13. Amendments noted where applicable.]

§ 185-1 Prohibitions.

A. Excessive noise from electronic amplification devices, including, but not limited to, vehicular sound systems, stereo equipment, outdoor speakers, or air horns in excess of 55 decibels, as measured at the source's property line, shall be prohibited in all residential zones. In the absence of decibel measuring devices, electronic amplification devices shall not be permitted, except when such system is inaudible at the property line. No public address system shall be permitted, except when such system is inaudible at the property line in all residential zones.

B. Noise from motor vehicles.

(1) It shall be unlawful for any person, while in control of any motor vehicle not traveling on a public way, to cause any unnecessary, loud, excessive, or unusual noise in the use or operation of the motor vehicle. The fact that the noise is plainly audible at a distance of 150 feet from the motor vehicle from which it originates shall constitute prima facie evidence of a violation of this bylaw.

(2) It shall be unlawful for any person, while in control of any motor vehicle at a single location for more than two minutes, to cause any unnecessary, loud, excessive, or unusual noise in the use or operation of the motor vehicle. The fact that the noise is plainly audible at a distance of 150 feet from the motor vehicle from which it originates shall constitute prima facie evidence of a violation of this bylaw.

§ 185-2 Exceptions.

Excluded from this bylaw are church bells, public school related athletic or entertainment events, emergency warning devices and Town-authorized functions.

§ 185-3 Permit for one-day events.

Applications for permits for noise levels to exceed this bylaw shall be made to the Select Board. The Select Board shall limit the issuance of permits under this bylaw to a single-day event; no more than four events per year for each parcel of land; for noise levels at the property line not to exceed 70 decibels; and to a restricted use during the hours of 10:00 a.m. through 10:00 p.m.

§ 185-4 Enforcement; penalties for offenses.

The Police Department shall be responsible for the enforcement of this bylaw. Any person or persons who violate this bylaw may be fined $50 for the first offense, $100 for the second offense within one year, and further violations within one year of the last violation shall be punishable at a rate of $300 for each subsequent offense. Each such act which continues or is repeated within 1/2 hour after issuance of a notice of violation of this bylaw shall be a separate offense. (The instrumentation for determining noise sound pressure levels shall be with a sound device meter of standard design. Sound pressure level measurements shall be made with the "A" weighting Network.)