[HISTORY: Adopted by the Town of Ipswich 5-15-2021 ATM by Art. 21, approved by Attorney General 8-22-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: Certain subsection designations in this bylaw have been modified from the original so as to match the style and organization of the General Bylaws as codified. In addition, any internal cross-references to the prior numbering have been modified accordingly. See § 5-4 of this Code.
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.
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.
Any dismantling, intentional destruction of, or removal of,
structures, utilities, public or private rights-of-way surfaces or
similar property.
Any work performed for the purpose of preventing or alleviating
the physical harm to persons or property, which requires immediate
action.
Any Town official having authority to enforce this bylaw as provided in § 145-3C.
Any day designated as a legal holiday under Federal or Massachusetts
State Law.
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.
Any individual, association, partnership, joint venture,
corporation or other form of legal entity.
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.
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.
Any real property, including structures thereon, which are
owned or controlled by a government entity.
Any highway, boulevard, street, avenue, lane, sidewalk, or
similar place, which is owned or controlled by a government agency.
Any area designated as a Residential District in the Town
of Ipswich Zoning Bylaw.
Any day from Monday through Friday that is not a Legal Holiday.
B.
For the purpose of this bylaw the Building Commissioner of the Town
of Ipswich is hereby charged with the granting of all Noise Permits,
there shall be no permit fee for said permit application. Noise Permit
applications shall be acted upon within 14 business days of permit
filing with the Building Department. If the Building Commissioner
determines that the noise permit application comply with all applicable
provisions of this bylaw; or if not acted upon within 14 business
days shall be deemed approved.
C.
Enforcement Officials. This bylaw shall be enforced by the Chief
of Police, the Building Commissioner and/or Local Building Official.
Designees of the Chief of Police shall include any Ipswich Police
Officer.
D.
Penalties for violation.
(1)
Violations of this bylaw shall be punishable by fine in accordance
with the following schedule:
|
Offense
|
Fine
|
|---|---|
|
First
|
$75
|
|
Second
|
$150
|
|
Third and Subsequent
|
$300
|
(2)
Violations resulting from sound emanating from a particular parcel
of property will be assessed against the person controlling said property
at the time of the violation, regardless of said person's legal
status as owner, lessor, tenant-at-will, and licensee or otherwise.
Nothing contained in this bylaw shall prohibit an Enforcement Officer
from giving a warning in lieu of a fine if, in the Official's
discretion, a warning is appropriate under the circumstances.
E.
Fines. In assessing fines for violations of this bylaw, the Enforcement
Official shall follow the procedure set forth in MGL c. 40, § 21D.
A.
Town programs and activities. All Town Departments, Boards and Officials
shall carry out their programs and activities in a manner reasonably
consistent with this Bylaw.
B.
Project review and approval. All Town Departments, Boards and Officials
having responsibility for the review and approval of new projects
or activities, or changes to existing projects that result, or may
result, in the production of sound shall, to the extent reasonably
feasible under the circumstances, require compliance with the provisions
of this bylaw as a condition of approval. This bylaw is not intended
to require any Town Department, Board or Official to apply a more
restrictive standard for the approval of any project or activity,
or change to any existing projects, than has been applied prior to
the bylaw's adoption.
C.
Projects and developments that have received permitting and approval
by all Town Departments, Boards and Officials shall be held to noise
provision of said permit.
A.
No person shall make, continue, or cause to be made or continued,
any noise disturbance. Unamplified, non-commercial public speaking
and public assembly activities conducted at conversational voice levels
on any public property or public right-of-way shall be exempt from
the operation of this section if such sound is not plainly audible
beyond 100 feet or does not infringe the legitimate rights of others.
B.
The facts required to establish a noise disturbance shall be identical
to those required to establish a disturbance of peace under common
law (and punishable under MGL c. 272 § 53). Violations of
this bylaw need only be proven by a preponderance of the evidence.
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.
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.
