Excessive noise is a serious hazard to the public health and welfare, safety, and quality of life; and the people of the Town of Stoughton have a right to an environment free from excessive noise that may jeopardize their health or welfare or safety or degrade their quality of life; now, therefore, it is the purpose of this to prevent excessive noise which may jeopardize the health and welfare or safety of the Town's citizens or degrade the quality of life.
[HISTORY: Adopted by the Town Meeting of the Town of Stoughton 5-5-2025 ATM, Art. 44. Amendments noted where applicable.]
The following definitions shall apply in the interpretation and implementation of this chapter:
Any radio, tape recorder, television, CD, stereo, public address system, loud speaker, amplified musical instrument including a hand held device, and any other electronic noise producing equipment.
Any portable machine used to blow leaves, dirt and other debris off or across lawns, sidewalks, driveways, and other horizontal surfaces.
Any sound that endangers the safety of, or could cause injury to the health of, humans, or endangers or injures personal or real property. For this purpose, Noise Injury is to be measured and defined as noise in excess of 85 decibels (dBA).
Sound that is plainly audible (see above definition) in any public place at a distance of 25 feet or more in any direction or so as to annoy or disturb the reasonable quiet, comfort or repose of persons in any dwelling, hotel, hospital, or other type of residence, or in any office, or of any persons in the vicinity of any such person in or on the public sidewalks, ways or other public places.
Any sound that measures in excess of 55 decibels (dBA) to a properly calibrated sound level meter at the distance specified.
This chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency or to the emission of sound in the performance of emergency work or in training exercises related to emergency activities, and in the performance of public safety activities. Noncommercial public speaking and public assembly activities as guaranteed by state and federal constitutions shall be exempt from the operation of this policy.
A.
On nights beginning on Sunday through Thursday at 10:00 PM until 7:00 AM the following morning and on nights beginning on Friday, Saturday and on Federal Holidays at 11:00 PM until 7:00 AM, it shall be unlawful for any person or persons occupying or having charge of any building or premises or any part thereof, or any vehicle in the Town, and it shall be unlawful for any person or persons being present in or about any building, dwelling, premises, shelter, boat or conveyance or any part thereof, to cause, create, suffer or allow any unnecessary, loud, excessive or unusual noises in operation of any speaker, radio, phonograph or other mechanical or electronic sound-making device or instrument, or reproducing device, or in the playing of any band, orchestra, musician, or group of musicians, or in the use of any device to amplify the aforesaid, or the making of loud outcries, exclamations or other loud or boisterous noises, or loud and boisterous singing by any person or groups of persons, or in the use of any device to amplify the aforesaid noises where the noise is plainly audible at a distance of 150 feet from the building, structure, vehicle or premises in which or from which it is produced.
(1)
Additionally, no person owning, leasing or controlling the operation of any Electronic Device shall willfully or negligently permit the establishment or condition of Noise Injury. In public spaces, the existence of Noise Injury is to be judged to occur at any location a passerby might reasonably occupy. When the offending noise source is located on private property, Noise Injury measurements shall be made at the property line within which the offending source is located.
B.
Every day from 8:00 PM to 7:00 AM, no person shall operate a leaf blower, power tool, power equipment, construction tool, heavy machinery or vehicles, perform tree or grass cutting or trimming, or perform construction, demolition, excavation, loading or unloading, machine work, carpentry, chiseling, blasting or similar activities in such a manner that creates Noise Pollution. Any person seeking to emit noise in such a manner as prohibited in this paragraph may request permission to do so for a specific place and period of time from the Select Board.
A.
The enforcing officials shall be the Building Commissioner or his/her designee and any police officer in the Town of Stoughton, who shall enforce against violations of said sections by noncriminal disposition pursuant to the authority and procedure of G.L. c. 40, § 21D. Unless otherwise specified, fines for violations of this chapter shall be:
B.
Documented evidence of sound level through use of a properly calibrated sound level meter readings shall be necessary to establish a violation.