[HISTORY: Adopted by the Town Meeting of the Town of Lanesborough 6-8-2021 ATM by Art. 22. Amendments noted where applicable.]
A. 
Whereas excessive, continuous sound is a serious hazard to the public health, welfare, safety, and the quality of life; and whereas a substantial body of science and technology exists by which excessive, continuous sound may be substantially abated; and whereas the people have a right to and should be ensured an environment free from excessive, continuous sound, it is the policy of the Town of Lanesborough to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life.
B. 
This bylaw shall apply to the control of sound originating from stationary and mobile sources, as described herein, within the limits of the Town of Lanesborough.
It shall be unlawful for any person or persons to create, assist in creating, continue or allow to continue any excessive, continuous, unnecessary, or unusually loud noise which either annoys, disturbs, injures, or endangers the reasonable quiet, comfort, repose, or the health or safety of others within the Town of Lanesborough. The acts set forth in § 95-3 are declared to be loud, disturbing, injurious, unnecessary and unlawful noises in violation of this bylaw, but this enumeration shall not be exclusive.
No person shall cause, suffer, allow, or permit the following acts in such a manner so as to annoy or disturb the reasonable quiet, comfort or repose of persons across a residential real property line:
A. 
Operating, playing, or permitting the operation or playing of any radio, television, phonograph, amplified instruments or similar device that reproduces or amplifies sound for a sustained duration, in such a manner as to create a noise disturbance, if outside the parameters of any license or permit;
B. 
Using or operating any loudspeaker, public address system, or similar device for a sustained duration, such that the sound therefrom creates a noise disturbance;
C. 
Owning, possessing, or harboring any animal or bird that, frequently and for sustained duration, generates sounds that creates a noise disturbance;
D. 
The operation of a motorized vehicle(s) that frequently and for a sustained duration generates sound that creates a noise disturbance.
None of the terms or prohibitions of § 95-3 shall apply or be enforced against any of the following activities:
A. 
Agricultural activities. Noise caused by agricultural, farm-related, or forestry-related activities as defined by G.L. c. 128, § 1A, including but not limited to the operation of farm equipment, sawmills, harvesting equipment, and noises from farm animals.
B. 
Construction activities. Noise from construction or business vehicles and equipment, provided that all motorized equipment used in such activity is equipped with functioning mufflers.
C. 
Domestic power equipment. Noise from domestic power tools, lawn mowers, chain saws, leaf blowers, wood splitters, air compressors and other similar equipment.
D. 
Emergency vehicles. Any police, fire, ambulance or other emergency response vehicle while engaged in necessary emergency situations.
E. 
Highway and utility maintenance and construction. Necessary excavation or repairs of bridges, streets, or highways, or any public utility installation by or on behalf of the Town, or any public utility or any agency of the State of Massachusetts.
F. 
Public address. Noncommercial public speaking and public assembly activities subject to federal and state constitutional protection.
G. 
Alarm systems. Any sound generated from a device used in an alarm system.
H. 
Religious/Municipal uses. Any bell or chime or other sound generated from a school, municipal facility or place of worship.
I. 
Municipal events. Noise generated from municipally sponsored or approved celebrations or events.
J. 
Snow removal activities. Noise from snow blowers, snow throwers, and snow plows.
A. 
Enforcement of this bylaw is through the Lanesborough Select Board and the Lanesborough Police Department. The municipal enforcement officer shall initially determine the extent and nature of any violations of the bylaw, and having determined that such violations have occurred or are continuing to occur, shall serve a written notice of violation on the offender. A notice of violation is deemed served on the day it is received, if served by hand or by certified mail, return receipt requested, and is deemed served on the third day after mailing, if served by first class mail, postage prepaid.
B. 
Each notice of violation shall state that the Select Board shall hold a public hearing, at which the offender shall be allowed to appear and present evidence in his behalf, to determine if the violation(s) set forth in the notice constitutes a violation of the bylaw. The municipal enforcement officer responsible for issuing the initial notice of violation shall also be present at the hearing. After listening to the evidence presented, the Select Board shall determine whether or not to issue a cease and desist order. If the cease and desist order is violated, the offender shall be subject to the fines set forth in § 95-6 below and/or referred to the appropriate court. Notice of such public hearing shall be served on the offender in the manner set forth for the above service of a notice of violation, such hearing to be held no later than 25 days from the date that such notice is served.
The first violation of this bylaw shall be punished by a fine of $200. The second violation of this bylaw shall be punished by a fine of $250. Further violations shall be punished by a fine of $300. Each such act which either continues or is repeated more than 1/2 hour after issuance of a written notice of violation of this bylaw shall be a separate offense and shall be prosecuted as a separate offense. If the violation occurs on the premises of rental property where there is a nonresident owner, the owner must also be notified in writing that the violation has occurred. This bylaw may be enforced by any means available at law or in equity, including but not limited to noncriminal disposition in accordance with G.L. c. 40, § 21D.
If the person or persons responsible for an activity which violates § 95-2 cannot be determined, the person in lawful custody and/or control of the premises, including but not limited to the owner, lessee or occupant of the property on which the activity is located, shall be deemed responsible for the violation.
If any provision of this bylaw is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the bylaw shall not be invalidated.