[HISTORY: Adopted by the Town Meeting of the Town of Southborough 5-4-2022 ATM by Art. 26. Amendments noted
where applicable.]
The citizens of Southborough have a right to and should be ensured
an environment free from excessive noise. This bylaw is enacted to
minimize excessive noise which may jeopardize the health and welfare
of its citizens or degrade their quality of life.
Businesses or other entities that are retained to do work
on property and which generates noise, including but not limited to:
renovation, landscaping, property maintenance, construction, demolition,
deliveries.
A permit for the removal of any structure or part thereof
on any lot.
Any sound that can be understood by a person using his or
her unaided hearing faculties. For example, if music is playing, the
words or instrumentation is discernable; or if a conversation is occurring,
the words and context of a conversation can be understood.
A duly designated police officer shall be an "Enforcement
Official."
New Year's Day (January 1); Memorial Day (last Monday
in May); Independence Day (July 4); Labor Day (first Monday in September);
Thanksgiving Day (fourth Thursday in November); and Christmas Day
(December 25).
Work performed by an owner or occupant of a residential property
which generates noise, including but not limited to: renovation, construction,
landscaping, property maintenance.
A permit for new residential or commercial construction on
any lot, whether or not Planning Board approval is required, excluding
both renovations and additions.
A.
Exterior noise standards. Unless further defined by standards within
this bylaw, it shall be unlawful for any person at any location within
the area of the Town to create any loud noise, or to allow the creation
of any loud noise, on property owned, leased, occupied, or otherwise
controlled by such person, which causes an unreasonable disturbance
beyond the property line that disturbs the peace.
B.
Homeowner work noise standards. Noise associated with Homeowner work
is allowed between 7:00 a.m. and 8:00 p.m. on weekdays, 8:00 a.m.
and 9:00 p.m. on Saturdays, Sundays, and Holidays.
C.
Contracted work noise standards.
(1)
Noise associated with Contracted Work is allowed between 7:00 a.m.
and 7:00 p.m. on weekdays and 8:00 a.m. and 6:00 p.m. Saturdays. Contracted
Work shall not be allowed on Sundays or Holidays.
(2)
Any work that generates an unreasonable noise disturbance beyond
the property line with a New Construction Permit or Demolition Permit
is only allowed between 7:00 a.m. and 6:00 p.m. on weekdays and 8:00
a.m. and 2:00 p.m. Saturdays. This activity shall not be allowed on
Sundays or Holidays.
The following activities are prohibited if they generate an
unreasonable disturbance:
A.
Yelling, shouting, whistling, singing, playing music or the making
of any loud noises so as to annoy or disturb the reasonable quiet,
comfort or repose of identified persons is prohibited between the
hours of 11:00 p.m. and 7:00 a.m.
B.
Noise from truck idling. No person shall operate an engine of any
standing motor vehicle with a weight in excess of 10,000 pounds GVW
(gross vehicle weight) for a period in excess of 10 minutes when such
vehicle is parked on a residential property or on a street or way
abutting a residential property, except where such vehicle is standing
within a completely enclosed structure. This section shall not apply
to delivery or pickup vehicles that require the operation of the engine
to unload or load their cargo or equipment.
C.
Motor vehicles operating within the Town of Southborough in violation
of MGL c. 90, § 16 which addresses harsh, objectionable,
or unreasonable noises.
D.
Noise that is audible beyond the property line while loading or unloading
trucks between the hours of 9:00 p.m. and 7:00 a.m. unless otherwise
permitted.
E.
No trash collection or dumpster collection shall take place in any
area designated as, or directly abutting a residential zone between
the hours of 9:00 p.m. and 7:00 a.m.
F.
Any establishment granted a license for entertainment that is amplified
by microphone, amplifier, or the like will be subject to this Bylaw.
The entertainment should not be distinctly audible beyond the property
boundaries of the establishment.
G.
No establishment granted a liquor license shall permit noise to be
distinctly audible beyond the premises between the hours of 9:00 p.m.
and 7:00 a.m.
H.
Unreasonably loud and disruptive noise emitted by a domesticated
animal for a duration of more than 20 minutes intermittently, defined
as an average of two vocalizations or more per minute in that period.
A domesticated animal includes any animal that a person owns, controls,
or otherwise cares for.
Noise limits in this regulation shall not apply to noise emitted
by or related to any of the following:
A.
The emission of sound for the purpose of alerting persons to the
existence of an emergency or the emission of sound in the performance
of emergency work or in training exercises related to emergency activities,
specifically including, but not limited to any vehicle, device, or
equipment in the performance of emergency work.
B.
Emergency activities including but not limited to: storm cleanup,
power outages, snow removal, and use of generators, provided that,
to the extent practical or feasible, such equipment be operated with
a working muffler and/or a sound reduction device while in use.
C.
Non-commercial speech as guaranteed by, and subject to the limitations
of, State and Federal constitutions.
D.
Any bell or chime from any school or church, and any device used
in conjunction with places of religious worship.
E.
Parades, public gatherings, or events for which appropriate permits
or licenses have been issued or which are constitutionally protected.
F.
Necessary work on 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 Commonwealth of Massachusetts.
G.
Farming equipment or farming activity as defined by MGL c. 128, § 1A.
H.
Any activity to the extent the regulation thereof has been preempted
by State or Federal laws or regulations.
Any person or business who violates any provision of this bylaw,
if found responsible, may be fined as follows: a warning for the first
offense; $50 for the second offense within 180 days of first offense;
$100 for the third offense within 180 days of second offense; $300
for each succeeding offense within 180 days of the preceding offense;
provided that an Enforcement Official shall have the option to issue
a warning instead of a fine for violations if, in the Enforcement
Official's reasonable judgment and sole discretion, a warning
is appropriate under the circumstances. Each day of violation of any
provision of this chapter, whether such violation is continuous or
intermittent, shall be construed as a separate and succeeding offense.
Fines may be administered by the Enforcement Official in accordance
with MGL c. 40, § 21D.
A.
The Police Department shall be charged with the enforcement of the
provisions of this bylaw.
B.
All Town departments and agencies shall, to the fullest extent consistent
with other laws, carry out their programs in such a manner as to further
the policy of this bylaw.
C.
All Town departments and agencies shall comply with Federal, State,
and local laws and regulations and the provisions and intent of this
bylaw respecting the control and abatement of noise to the same extent
that any person is subject to such laws and regulations.
D.
Temporary exceptions (no more than three days) to this bylaw may
be granted by the Select Board. The Select Board shall establish appropriate
procedures for processing applications, including such hearing(s)
as the Select Board deems appropriate. The Select Board may require
notification of the activity to all abutters within 300 feet of the
exception location.
If any provision or portion of a provision of this chapter is
held to be unconstitutional, preempted by Federal or State law, or
otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the chapter shall not be invalidated.
