This bylaw is adopted to ensure the residents of the Town of
Ipswich an environment free of excessive sound that may jeopardize
or degrade their quality of life. This bylaw shall be applied to control
all noise originating within the geographical limits of the Town of
Ipswich.
All terminology used in this bylaw, but not defined below, shall
be used with the meanings ascribed to such terms in the applicable
standards of the American National Standards Institute ("ANSI") or
its successor bodies.
CONSTRUCTION
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition for, or of,
public or private rights-of-way, structures, utilities, or similar
property.
DEMOLITION
Any dismantling, intentional destruction of, or removal of,
structures, utilities, public or private rights-of-way surfaces or
similar property.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical harm to persons or property, which requires immediate
action.
LEGAL HOLIDAY
Any day designated as a legal holiday under Federal or Massachusetts
State Law.
NOISE DISTURBANCE
Any sound which may (a) disturb or annoy reasonable persons
of normal sensitivities; (b) cause, or tend to cause, an adverse effect
on the public health and welfare; (c) endangers or injures persons;
or (d) endangers or injures real or personal property.
PERSON
Any individual, association, partnership, joint venture,
corporation or other form of legal entity.
PLAINLY AUDIBLE SOUND
Sound as to which the information content is unambiguously
communicated to the listener including, without limitation, understandable
speech, comprehension of whether a voice is raised or normal, repetitive
bass sounds, or comprehension of musical rhythms, without the aid
of any listening device.
POWER TOOL
Any device powered mechanically, by electricity, by gasoline,
by diesel or any other fuel, which is intended to be used, or is actually
used, for functions including, without limitation, cutting, nailing,
stapling, sawing, vacuuming or drilling.
PUBLIC PROPERTY
Any real property, including structures thereon, which are
owned or controlled by a government entity.
PUBLIC RIGHT-OF-WAY
Any highway, boulevard, street, avenue, lane, sidewalk, or
similar place, which is owned or controlled by a government agency.
RESIDENTIAL DISTRICT
Any area designated as a Residential District in the Town
of Ipswich Zoning Bylaw.
WEEKDAY
Any day from Monday through Friday that is not a Legal Holiday.
The following activities are permitted as set forth below:
A. Construction, Demolition and Commercial Landscaping Activity are
allowed to operate or permit the operation of any tools or equipment
used in construction, demolition or commercial landscaping work in
a Residential District between the hours of 7:00 a.m. and 7:00 p.m.
on Weekdays (Monday thru Friday) or between the hours of 8:00 a.m.
and 7:00 p.m. on any other day.
B. Domestic power tools. Persons shall operate, or permit the operation
of, any power tool or any garden tool, leaf blower, chain saw or similar
device powered mechanically, by electricity, gasoline, diesel or other
fuel, outdoors in a Residential District between the hours of 7:00
a.m. and 9:00 p.m.
C. Dumpsters and trash receptacles. Persons/Businesses shall empty dumpsters
or similar trash receptacles between the hours of 6:00 a.m. and 8:00
p.m. on Weekdays (Monday-Friday) or between the hours of 7:00 a.m.
and 8:00 p.m. on any other day.
The following uses and activities shall be exempt from the provisions
of this bylaw:
A. Any law enforcement motor vehicle in the performance of law enforcement
duties.
B. Any law enforcement, public safety training facility to include the
Ipswich Police Firing Range.
C. Any fire apparatus, ambulance, rescue, public works or emergency
response vehicle creating sound in the performance of public safety
responsibilities.
D. Any vehicle in the performance of emergency work.
E. Public address systems used at public events in a manner approved
by any Town Board, Department or Official having authority over said
use.
F. Safety signals, warning devices, emergency pressure relief valves
and similar devices during and in relation to public emergencies.
G. Parades, music festivals, public gatherings, and events for which
the permit granting authority has granted a noise permit.
H. Bells, chimes or carillons, or amplified, recorded, or other electronic
substitution while being used in conjunction with religious services
or to denote time intervals.
I. Snow removal from public or private parking lots, roads, driveways,
sidewalks and other surfaces traveled by vehicles or pedestrians.
J. Activities of temporary duration during a time of emergency conducted
by a public utility company to repair or maintain public utility infrastructure.
K. Construction activity under a valid noise permit issued by the Building Commissioner under Section
7 or
15 of Chapter 136 of the Massachusetts General Laws, or by any Town Board or Department having regulatory authority over construction activity.
L. Any vehicle utilizing an amplified communications system operated
by a highway maintenance, water department, or public utilities worker
acting in the performance of his or her responsibilities.
M. Any noise originating from a preexisting municipal structure prior
to the adoption of this bylaw which serves and protects the general
health safety and welfare of an Ipswich residence.
N. This bylaw shall not prevent the use of any mechanical device or
equipment used to mitigate emergency conditions or an event by any
persons, homeowners, business owner, or Town department.
O. Any activity to the extent the regulation thereof has been preempted
by State or Federal Laws or Regulations.
Appeal of any citation for a violation of this bylaw shall be
made to the District Court or other Court of competent jurisdiction
in accordance with the provisions of MGL c. 40, § 21D.
If any of the provisions of this bylaw are held to be invalid
by any Court of competent jurisdiction, the remaining provisions shall
remain in full force and effect.