[HISTORY: Adopted by the Annual Town Meeting
of the Town of Nantucket 6-5-2021ATM by Art. 70, approved 10-7-2021.[1] Amendments noted where applicable.]
Editor's Note: This article superseded former Ch. 101, Noise,
adopted 4-6-1982 by Art. 31, approved 6-23-1982, as amended, which
bylaw was adopted in addition to a noise bylaw adopted 3-18-1969 ATM
by Art. 97, which bylaw is on file in the Clerk's office.
Prohibited noises. It shall be unlawful for any person or persons
to create, assist in creating, cause or suffer or allow any excessive,
unnecessary, loud or unusual noise which either annoys, disturbs,
injures or endangers the reasonable quiet, comfort, repose or the
health or safety of others by taking any of the following actions:
Making of loud outcries, exclamations, 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 between the
hours of 10:00 p.m. and 7:00 a.m. (7:30 a.m. between June 15 and September
15 in each year) where the noise is plainly audible at a distance
of 100 feet from the source of the noise or the property line of the
building, structure, vehicle, vessel, or premises in which or from
which it is produced. The fact that the noise is plainly audible at
a distance of 100 feet from its source or the property line of the
building, structure, vehicle, vessel or premises in which or from
which it originates shall constitute prima facie evidence of a violation
of this section.
To operate, play or permit the operation or playing of any electronic
sound-producing device, radio, television, phonograph, drum, musical
instrument, sound amplifier or similar device which produces, reproduces
or amplifies sound between the hours of 10:00 p.m. and 7:00 a.m. (7:30
a.m. between June 15 and September 15 in each year) where the noise
is plainly audible at a distance of 100 feet from the source of the
noise or the property line of the building, structure, vehicle, vessel,
or premises in which or from which it is produced. The fact that the
noise is plainly audible at a distance of 100 feet from the property
line of the building, structure, vehicle, vessel or premises in which
or from which it originates shall constitute prima facie evidence
of a violation of this section.
To load, unload, open, close or otherwise handle boxes, crates, containers,
building materials, trash cans, dumpsters or similar objects between
the hours of 10:00 p.m. and 6:00 a.m. so as to unreasonably project
sound across a real property line.
Operating or permitting the operation of any mechanically powered
tools or equipment actually being used in ongoing building construction,
building renovations, non-emergency building maintenance, or building
demolition work is prohibited between the hours of 8:00 p.m. and 7:00
a.m. [7:30 a.m. between June 15 and September 15 in each year, except
for in the Old Historic District (OHD) as shown on the map entitled
"Core Historic Districts," dated April 9, 2019, as may be amended
from time to time, where the prohibition is between the hours of 6:00
p.m. and 8:00 a.m. between and including July 1 and Labor Day] Monday
through Saturday and before 10:00 a.m. Sunday. The fact that the sound
therefrom is plainly audible at a distance of 50 feet from its source
or the property line of the building, structure, vehicle, vessel or
premises in which or from which it originates shall constitute prima
facie evidence of a violation of this section. Work referenced in
this section shall include any work for which a building, sidewall
or roof, shingle, trench, tent, plumbing, gas, or wiring permit has
been issued by the Town of Nantucket and any work for which a certificate
of appropriateness has been issued by the Historic District Commission.
Operating or permitting the operation of any mechanically powered
tool (such as saws, drills, sanders, grinders, nail guns) or mechanically
powered lawn or garden tool, or similar device used outdoors shall
be prohibited between the hours of 10:00 p.m. and 7:00 a.m. [7:30
a.m. between June 15 and September 15 in each year, except for in
the Old Historic District (OHD) as shown on the map entitled "Core
Historic Districts," dated April 9, 2019, as may be amended from time
to time, where the prohibition is between the hours of 5:00 p.m. and
8:00 a.m. between and including July 1 and Labor Day] Monday through
Saturday and before 10:00 a.m. Sunday. The fact that the sound is
plainly audible at a distance of 50 feet from its source of the property
line on which the tools are being used shall be prima facie evidence
of a violation of this section.
Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle,
or motorboat in such a manner as to be plainly audible at a distance
of 50 feet from the source of the sound or the property line of the
premises on which said activity is located is prohibited between the
hours of 10:00 p.m. and 7:00 a.m. (7:30 a.m. between June 15 and September
15 in each year) Monday through Saturday and before 10:00 a.m. Sunday.
The fact that the sound is plainly audible at a distance of 50 feet
from its source of the property line on which the work is being conducted
shall be prima facie evidence of a violation of this section.
Noises resulting from activities of a temporary duration permitted
by a permit issued in accordance with this bylaw, but only to the
extent such activities and the resulting noises are within the scope
of such license or permit.
Bells, chimes or carillons while being used for religious purposes
or in conjunction with religious services, and those bells, chimes
or carillons that are presently installed and in use for any purpose.
Upon written application, the Select Board, or its designee, may issue a permit authorizing an activity which is likely to result in noise that would otherwise be prohibited by § 101-1A of this bylaw.
The Board or its designee will issue a decision on the application
within seven days of receipt thereof, unless the applicant demonstrates
a need for the permit in a lesser period of time; provided, however,
that a timely decision cannot be guaranteed if less than 48 hours'
notice is required.
The Board or its designee may grant the permit subject to reasonable
time, place and manner restrictions to protect public health, safety
and welfare so as to advance the purposes of this bylaw to the greatest
extent possible.
The Board or its designee may deny the application if the activity
conflicts with another activity previously permitted, if the activity
presents a threat to public health or safety or welfare, or if the
activity is prohibited by the laws of the commonwealth or the Town
of Nantucket. If the application is denied, the Board or its designee
shall provide the applicant with a statement of reasons.
The issuance of a permit pursuant to this bylaw shall not relieve
the applicant of the requirements of any other applicable laws concerning
the activity at issue.
No person shall operate or cause to be operated any air-conditioning
or air-handling equipment, swimming pool or spa pump, or an exhaust
fan, in such a manner as to exceed 55 dBA over a ten-minute period
of time, measured from a distance of 40 feet or more from the source
of the sound or the property line of the premises on which said activity
is located at any time of the day or night.
Commencing on December 1, 2020, the use of gas-powered leaf blowers
at all times of the day on all days of the year, by any commercial
landscaper, commercial landscape company, or other entity engaged
in the business of providing home and yard repair, cleanup, and maintenance
services for a fee shall be prohibited on a Town-wide basis.
Upon written notice to the owner of the property as recorded with the Nantucket Assessor of a violation of § 101-2A, and the property owner fails to mitigate the violation within 14 days, then the property owner shall be deemed to be in violation of § 101-2A.
The measurement of sound or noise shall be made with a sound level
meter meeting the standards prescribed by ANSI S1.4, as may be amended
or superseded from time-to-time. The instrument shall be maintained
in calibration and good working order. A calibration check shall be
made of the system at the time of any noise measurement. Measurements
recorded shall be taken so as to provide a proper representation of
the noise source. During measurement, the microphone shall be positioned
so as not to create any unnatural enhancement or diminution of the
measured noise. A windscreen for the microphone shall be used when
required. Traffic, aircraft and other transportation noise sources
and other background noises shall not be considered in taking measurements
except where such background noise interferes with the primary noise
being measured. Sound level limits pursuant to this rule shall be
measured over a ten-minute period of time with a sound level meter.
Sound levels which exceed the limits set forth in paragraph A above
when measured are a violation of this rule.
This bylaw may be enforced by Board of Health officials, Nantucket
Police Department Employees, plus Inspectors, Natural Resources Enforcement
Officers, and any other agents appointed by the Select Board.
Whoever violates any provision of this bylaw may be penalized by a noncriminal disposition process as provided in Massachusetts General Laws, Chapter 40, § 21D, and the Town's noncriminal disposition bylaw, §§ 1-2, 1-3, 1-4, 1-5, and 1-6 of the Code of the Town of Nantucket.
If noncriminal disposition is elected, then any person who violates
any provision of this bylaw shall be subject to a penalty in the amount
of $300 for each violation; provided, however, that a first offense
may be the subject of a warning in the officer's discretion.
Each such act which constitutes a violation of this bylaw, which
either continues or is repeated more than 30 minutes after the issuance
of an order to cease said activities, shall be considered a separate
offense. If more than one, each condition violated shall constitute
a separate offense.
A violation of this chapter may be deemed a breach of the peace.
Violators shall first be given a verbal order by the enforcing police
officer to cease or abate the noise immediately or within a specified
period of time. If the person or persons so ordered do not comply
with the verbal order, the enforcing police officer may arrest such
person or persons for a violation of this chapter.
Whoever violates any provision of this bylaw may be penalized by
indictment or on complaint brought in the District Court. Except as
may be otherwise provided by law and as the District Court may see
fit to impose, the maximum penalty for each violation or offense shall
be $300. Each day or portion thereof shall constitute a separate offense.
If more than one, each condition violated shall constitute a separate
offense.
The Town may enforce this bylaw or enjoin violations thereof through
any lawful process, and the election of one remedy shall not preclude
enforcement through any other lawful means.