[HISTORY: Adopted by the Town Meeting of the Town of Merrimac 4-24-2017 ATM by Art. 18. Amendments noted where applicable.]
A. 
For the purpose of controlling and abating disturbing noise which either annoys, disturbs, injures, or endangers the reasonable quiet, comfort, repose, health, or safety of others within the Town of Merrimac, and to maintain and promote tranquility of residential neighborhoods, certain types of activities will be regulated.
B. 
It shall be unlawful for any corporation, limited liability company, sole proprietor, or for any entity for commercial or for profit to operate or cause to be operated any type of construction machinery powered by any internal combustion or diesel engine, including, but not limited to, heavy earthmoving equipment, materials handling equipment, logging and land-clearing equipment, pumps, generators, and air compressors, during certain hours of the day as set forth in § 200-4 of this bylaw, unless specifically authorized by a license or permit issued by the Planning Board, Building Inspector, Select Board and/or the Department of Public Works in accordance with the licensure or permitting requirements set forth by state law or the Town's bylaws.
[Amended 10-17-2017 STM by Art. 7]
C. 
It shall be unlawful for any corporation, limited liability company, sole proprietor, or for any entity for commercial or for profit to operate or cause to be operated any type of electrically powered equipment associated with construction activity, including, but not limited to, air-actuated nailing guns, circular saws, drills and the like that are utilized for the purpose of building or assembling construction materials, during certain hours of the day, as set forth in § 200-4 of this bylaw, unless specifically authorized by a permit or license issued by the Planning Board, Building Inspector, Select Board and/or the Department of Public Works in accordance with the licensure or permitting requirements set forth by state law or the Town's bylaws.
[Amended 10-17-2017 STM by Art. 7]
D. 
The aforementioned equipment and activities may only be utilized or carried out from 7:00 a.m. until 7:00 p.m., Monday through Saturday, excluding legal holidays. The aforementioned equipment and activities may not begin prior to 12:00 noon and go beyond 7:00 p.m. on Sundays and legal holidays, unless a permit to perform such work or labor has been secured in accordance with MGL c. 136, § 7.
None of the terms or prohibitions shall apply or be enforced against:
A. 
Emergency vehicles. Any police, fire, or ambulance vehicles while engaged in necessary emergency business.
B. 
Highway and utility maintenance or construction. Necessary excavation in or repairs to bridges, streets, highways, or any public utility installation by, or on behalf of the Town, public utility, or agency of the State of Massachusetts.
C. 
Public address. The reasonable use of amplifiers or loudspeakers for public addresses which are noncommercial in nature.
D. 
Or homeowners, in so far as the care of home or landscaping.
The first violation of this bylaw shall be punished by a fine of not more than $100. The second violation of this bylaw within 12 months after the first violation shall be punished by a fine of not more than $200. Further violations within 12 months after the last violation shall be punished by a fine of not more than $300. Each such act which either continues or is repeated more than 1/2 hour after the issuance of a written notice of violation of this bylaw shall be a separate offense and shall be prosecuted as separate offense. If the violation occurs on the premises of rental property which has a nonresident owner, then the owner must also be notified, in writing, that the violation has occurred.
To establish hours of operation for commercial/construction operations throughout the Town for the purpose of ensuring that the residents of the Town have peaceful enjoyment of their property and time. Requested by the DPW Director.