[HISTORY: Adopted by the Town Meeting of the Town of Southampton as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-7-2024 ATM by Art. 17]
A. 
This bylaw is enacted to protect, preserve, and promote the safety, health, welfare, peace and quiet of the citizens of Southampton through the reduction, control, and prevention of loud and excessive noise, or any noise which disturbs the reasonable comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity.
B. 
Excessive noise is prohibited in the Town of Southampton between the hours of 9:00 p.m. and 6:00 a.m.
The following terms will have the meanings indicated below:
EXCESSIVE NOISE
Any noise which emanates from any building, boat, structure, vehicle, premises or any sound amplification system which has a volume that is plainly audible from aforementioned locations in which or from which it originates is considered to be loud, disturbing, injurious, unnecessary and unlawful.
PLAINLY AUDIBLE
Any sound from a source regulated by this bylaw that can be detected above routine or normal ambient background noise by unaided human hearing. For example, if music is playing, the words or instrumentation is discernible; or if a conversation is occurring, the words and context of a conversation can be understood.
SOUND AMPLIFICATION SYSTEM
Any fixed or portable system to operate or amplify sound, including, but not limited to, radio, television, stereo, record player, cassette tape player, compact disc player, digital music player, boom box or loudspeaker.
Excessive noise is prohibited in the Town of Southampton between the hours of 9:00 p.m. and 6:00 a.m. It shall be unlawful for any person or persons to create, assist in creating, continue or allow to continue any excessive noise as defined above. The following acts are determined to be loud, disturbing, injurious, unnecessary, and unlawful noises, in violation of this article, but this enumeration shall not be exclusive, namely:
A. 
Excessive noise produced by motor vehicle, motorcycle, dirt bikes and all-terrain vehicles (ATVs) by their horns, engines or exhaust systems.
B. 
Excessively amplified audio systems, originating from a residence, motor vehicle, or any other source, and including, but not limited to, radios, other audio systems, televisions, musical instruments, loud speakers, recorders, or other electronic sound-producing devices in such a manner or with volume at any time or place as to annoy or disturb the reasonable quiet, comfort or repose of persons in any type of residence or in any office or of any persons in the vicinity.
C. 
Noise from idling truck. No person shall operate an engine of any standing motor vehicle with a weight in excess of 10,000 pounds gross vehicle weight (GVW) 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.
D. 
Continuous shouting, singing or other loud noises on the public streets or with volume at any time or place as to annoy or disturb the reasonable quiet, comfort or repose of persons in any type of residence or in any office or of any persons in the vicinity.
E. 
Domestic animal noises that cause frequent or long-continued noise which shall disturb the reasonable comfort or repose of any person.
The following shall be excepted from the application of the Nuisance/Peace and Quiet Bylaw:
A. 
Emergency vehicles. Any police or fire vehicle or any ambulance while engaged in necessary emergency response, public safety or law enforcement responsibilities.
B. 
Highway and public utility maintenance vehicles. Necessary storm preparation, snow removal, power outages, street sweeping, excavation of, or repairs to, 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.
C. 
Public address systems. The reasonable use of amplifiers or loudspeakers for public addresses is noncommercial in nature and for the purpose of providing important information to the public. This includes systems used at sanctioned sporting events, fairs, parades, music festivals, concerts or other public events as authorized by the Select Board.
D. 
Agriculture-related. Noises resulting from any farm animals or activities of any agricultural operation protected by the Right to Farm Bylaw.[1]
[1]
Editor's Note: See Ch. 144, Farming, Art. I, Right to Farm.
E. 
Generators and pumps operating during emergencies and power outages.
F. 
Snowplows, snowblowers operating outside the time frame stated in this bylaw due to an unexpected weather event and/or for access to a home or business.
G. 
Noise associated with homeowner or contractor work is allowed between 6:00 a.m. and 9:00 p.m. on weekdays.
H. 
Any fire or burglar alarm or other emergency signaling device, provided that such device is arranged to shut off automatically after not more than 30 minutes of operation.
I. 
Any noise produced by domestic or agricultural equipment such as, but not limited to, lawn mowers, tractors, trash removal, power saws and snowblowers, used exclusively in the construction, maintenance or repair of building or grounds between the hours of 7:00 a.m. and 9:00 p.m., provided that such equipment be operated with a working muffler and/or a sound reduction device while in use.
J. 
Outdoor entertainment, such as, but not limited to, pool parties, sporting events, holiday, or other celebrations, between the hours of 7:00 a.m. and 10:00 p.m.
Temporary exemptions to the application of the Nuisance/Peace and Quiet Bylaw under the following special conditions:
A. 
A permit to operate construction equipment outside the hours specified above and in excess of the noise levels specified may be issued upon determination of reasonable necessity by the Building Commissioner. Such permit shall be valid for not more than three days from the time of issue.
B. 
Emergency repair due to flood, fire, snow/ice or other catastrophe may be carried out prior to a permit being issued if such work is necessary for the general welfare or to avoid further catastrophe. Such work must cease, however, upon demand of the enforcing authority. The enforcing authority may delay enforcement of any provisions of this section for such reasonable time as may be required to modify any equipment which does not comply with the regulations.
A. 
Any police department, fire department, building commissioner/inspector or their designee acting within their jurisdictional area is hereby authorized under this bylaw by the Town of Southampton to enforce.
B. 
Noncompliance with this Town-approved bylaw is subject to noncriminal ticketing per violation: $25 for first offense; $50 for second offense; and $100 for the third and all subsequent offenses as established under the noncriminal violation fine/penalty schedule (Chapter 203).