No person shall cause a public inconvenience, annoyance or alarm
or recklessly create a risk while engaging in fighting, or in threatening,
or in violent or tumultuous behavior thereby creating a hazardous
or physically offensive condition by which his or her other actions
serve no legitimate purpose.
(C.O. 05-95 § 1)
No person shall enter upon the premises of another for the purpose
of committing any wanton or malicious act, nor for the purpose or
with the intention of invading the privacy of another by peeping into
the windows of such house or spying upon any person resident therein;
provided, that nothing contained in this section shall be construed
to abridge nor in any way limit the right of a police officer to enter
upon private property nor to perform any act necessary in the performance
of his or her official duties.
(Prior revision § 13-12)
No person shall stand in any street, sidewalk or public place
in such a manner as to obstruct the free passage of foot travelers
thereon or be or remain upon any sidewalk or street in such a manner
as to interfere with the safety, comfort or convenience of the public.
Nothing in this section shall be construed to curtail, abridge or
limit the rights guaranteed by the constitution of the commonwealth,
or any statute thereunder or limit the right or opportunity of any
person to exercise the right of peaceful persuasion guaranteed by
General Laws, Chapter 149, Section 24.
(Prior revision § 13-11)
No person shall saunter or loiter in or upon the steps, portico
or other projection from or on any space or way leading thereto of
any public building, school, house of worship or public hall, in such
a manner as to interfere with the safety, comfort and convenience
of the public. Any person remaining in any of the places enumerated
in this section shall, when ordered by a police officer, owner or
other person having charge thereof, depart therefrom.
(Prior revision § 13-11.1; C.O. 77-88, 1977)
A. Purpose:
Whereas excessive sound and vibration are a serious hazard to the
public health and welfare, safety, and the quality of life; and whereas
the people have a right to and should be ensured an environment free
from excessive sound and vibration that may jeopardize their health
or welfare or safety or degrade the quality of life; now, therefore,
it is the policy of the city of Revere to prevent excessive sound
and vibration which may jeopardize the health and welfare or safety
of its citizens or degrade the quality of life.
B. Scope:
The following sections shall apply to the control of all sound and
vibration originating within the limits of the City of Revere, unless
otherwise exempted by law.
(C.O. 12-192, § 15, 10/15/2012)
"Construction"
means 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.
"Daytime"
means the period between the hours of seven a.m. and six
p.m. daily except Sunday and holidays according to the time system
locally in effect.
"dB"
means the abbreviation for decibel.
"dB(A)"
means the A-weighted sound level in decibels, as measured
by a general purpose sound level meter complying with the provisions
of Specifications for Sound Level Meters (S1. 4 1971), American National
Standards Institute (ANSI), properly calibrated, and operated on the
"A" weighting network.
"Demolition"
means any dismantling, intentional destruction or removal
of structures, utilities, public or private right-of-way surfaces,
or similar property.
"Emergency"
means any occurrence or set of circumstances involving actual
or imminent physical trauma or property damage which demands immediate
action.
"Emergency work"
means any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or caused
by an emergency.
"Hz"
means the abbreviation for Hertz, which means cycles per
second.
"Impact device"
means a construction device in which or by which a hammer,
meaning a moving mass of hard solid material, is mechanically by means
of a working fluid or compressed air caused to repetitively impact
upon and transmit kinetic energy to a tool. The tool may be included
as a part of the device, as in the case of a moil on a paving breaker
or the drill steel of a jackhammer, or it may be a mass to which the
impact device is temporarily connected as in the case of a pile and
pile driver. Examples of impact devices are pile drivers, paving breakers
and power impact hammers, impact wrenches, riveters and stud drivers.
"Lot line"
means an imaginary line along the ground surface, and its
vertical extension, which separates the real property owned by one
person from that owned by another person, but not including intra-building
real property divisions.
"Motorcycle"
means any vehicle so defined in G.L., c. 90, § 1.
"Noise disturbance"
means any sound which (a) causes temporary or permanent hearing
loss in persons exposed; or (b) is injurious to the public health;
(c) causes a nuisance which is prohibited by law; or (d) is defined
as a noise disturbance pursuant to the provisions of this chapter.
"Person"
means any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state.
"Public right-of-way"
means any street, avenue, boulevard, highway, sidewalk or
alley or similar place which is owned or controlled by the City.
"Public space"
means any real property or structures thereon which are owned
or controlled by the city.
"Sound pressure level"
is numerically equal to twenty times the logarithm (to the
base ten) of the sound pressure to the reference sound pressure (the
reference sound pressure shall equal twenty micropascals). Unless
otherwise stated, the level is understood to be that of a root mean-square
pressure.
"Weekday"
means any day Monday through Friday which is not a legal
holiday.
(C.O. 12-192, § 15, 10/15/2012)
A. Authorized
Enforcement Personnel: The Revere Police Department and the Department
of Inspectional Services shall be the authorized enforcement personnel
charged with the enforcement of these provisions.
B. Violations:
Authorized enforcement personnel may order and specify reasonable
remedial actions to be taken by a violator of this chapter to achieve
compliance; or issue citations, pursuant to G.L., c. 40, § 21D,
for violations of these provisions assessing fines of three hundred
dollars for each day such violation is committed or permitted to continue.
Additionally, any person found in violation of any of the provisions
of this chapter may be prosecuted for a misdemeanor and upon conviction
thereof shall be fined three hundred dollars.
C. Injunction:
As an additional remedy, the operation or maintenance of any device,
instrument, vehicle or machinery in violation of any provision of
this chapter and which causes a noise disturbance may be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
D. Suspension or Revocation of License or Permit: As an additional remedy for violation of any provision of this chapter, any enforcement official under Subsection
A of this section may summarily suspend, and after a hearing may revoke, any license or permit, including a building or demolition permit.
(C.O. 12-192, § 15, 10/15/2012)
No person or persons owning, leasing or controlling the operation
of any source or sources of noise shall willfully, negligently, or
through failure to provide necessary equipment or facilities or to
take necessary precautions, permit the establishment or continuation
of a condition of noise disturbance.
(C.O. 12-192, § 15, 10/15/2012)
A. Noise
Disturbances Prohibited: The following acts are declared to be loud,
disturbing and unnecessary noises in violation of this chapter, but
said enumeration shall not be deemed to be exclusive. Non-commercial
public speaking and public assembly activities conducted on any public
space or public right-of-way shall be exempt from the operation of
this section. Bell towers and clock towers with bells or chimes shall
be exempt from the operation of this section.
B. Horns,
Signaling Devices, Etc. The sounding of any horn or signaling device
on any automobile, motorcycle, street car or other vehicle on any
street or public place of the City, except as a danger warning; the
creation by means of any such signaling device of any unreasonably
loud or harsh sound; and the sounding of any such device for an unnecessary
and unreasonable period of time. The use of any signaling device except
the one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any such
signaling device when traffic is for any reason held up.
C. Radios,
Phonographs, Etc. The using, operating, or permitting to be played,
used or operated any radio receiving set, musical instrument, phonograph,
loudspeaker or public address systems, unless used by the City of
Revere, or other machine or device for the producing or reproducing
of sound in such a manner as to be plainly audible from the building,
structure, vehicle or dwelling unit as to which the sound is originating
from shall be a violation of this chapter.
D. Street
Sales. Offering for sale or selling anything by shouting or outcry
within any residential or commercial area of the City, except by permit
issued by the chief of police according to criteria set forth by the
chief and/or except between the hours of nine p.m. and eight a.m.,
and the causing thereof, is a violation of this chapter.
E. Animals,
Birds. Etc. Owning, possessing or harboring any animal or bird which
frequently or for continued duration, howls, barks, meows, squawks
or makes other sounds which are plainly audible from the lot line
of the lot on which it is located, is a violation of this chapter.
This provision shall not apply to licensed kennels.
F. Loading
and Unloading. Loading, unloading, opening, closing or other handling
of boxes, crates, containers, building materials, garbage cans, or
similar objects between the hours of nine p.m. and eight a.m. the
following day on weekdays, or between the hours of nine p.m. and nine
a.m. the following day when the following day is a Saturday, Sunday
or holiday in such a manner as to be plainly audible from the lot
line of the lot on which such activity is located, is a violation
of this chapter.
G. Construction, Drilling, or Demolition: Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of nine p.m. and eight a.m. the following day on weekdays or at a time on a Saturday, Sunday or holiday in such a manner as to be plainly audible from the lot line of the lot on which such activity is located, except for emergency work of public service utilities or by special permit issued by the inspector of buildings, and the causing thereof, is a violation of this chapter. Subsection
F shall not apply to the use of domestic power tools as provided for in subsection
L of this section.
H. Vehicle
or Motorboat Repairs and Testing. Repairing, rebuilding, modifying,
or testing any motor vehicle, motorcycle, or motorboat in such a manner
as to be plainly audible as to be plainly audible from the lot line
of the lot on which such activity is located, is a violation of this
chapter.
I. Places
of Public Entertainment. Operating, playing or permitting the operation
or playing of any radio, television, phonograph, drum, musical instrument,
sound amplifier, or similar device which produces, reproduces, or
amplifies sound in any place of public entertainment in such a manner
as to be plainly audible from the lot line of the lot on which such
activity is located, is a violation of this chapter.
J. Vibration.
Operating or permitting the operation of any device that creates vibration
which is above the vibration perception threshold of an individual
at or beyond the property boundary of the source if on private property
or at twenty-five (25) feet from the source if on a public space or
public right-of-way, is a violation of this chapter. For the purposes
of this section, "vibration perception threshold" means the minimum
ground or structure borne vibrational motion necessary to cause a
normal person to be aware of the vibration by such direct means as,
but not limited to, sensation by touch or visual observation of moving
objects.
K. Domestic
Power Tools. Operating or permitting the operation of any mechanically
powered saw, drill, sander, grinder, lawn or garden tool, snow blower,
or similar device used outdoors in or residential areas between the
hours of nine p.m. and eight a.m. so as to be plainly audible from
the lot line of the lot on which such activity is located, is a violation
of this chapter.
L. Refuse
Collection Vehicles. The following acts, and the causing thereof,
are violations of this chapter: 1.) Operating or permitting the operation
of the compacting mechanism of any motor vehicle which compacts refuse,
between the hours of nine p.m. and eight a.m. the following day in
or adjacent to a residential area; 2.) Collecting refuse with a refuse
collection vehicle between the hours of nine p.m. and eight a.m. the
following day in a residential or commercial area. This section does
not apply to municipal trash collection.
M. Heliports.
Operating or permitting the operation of a helicopter between the
hours of nine p.m. and eight a.m. so as to be plainly audible from
the lot line of the lot on which such activity is located, is a violation
of this chapter.
(C.O. 12-192, § 15, 10/15/2012)
Whereas, there is no known safe level of exposure to secondhand
smoke, and secondhand smoke exposure in certain outdoor areas have
been found to pose a significant health risk; and
Whereas, protecting Revere's public parks as places for residents
and visitors to be outside and active is critical to promotion of
a healthier city; and
Whereas, it is critical to prevent the use of drugs, alcohol
and weapons in our areas of recreation; and
Whereas, it is the goal of the city of Revere, through the parks and recreation department and the police department, to ensure that our places of recreation are safe, clean and healthy for all residents, particularly our children; [Sections
9.08.112—
9.08.118 are enacted as follows.]
(C.O. 18-233, 3/11/2019)