No person shall ring, operate or use nor cause
to be rung, operated or used any bell, horn, whistle, radio, noisemaking
device or other instrument in, on or adjacent to any street, place
or way nor utter any boisterous outcry in, on or adjacent to any such
street, place or way to give notice of any business or calling, announce
news, advertise or promote the sale of any article or thing without
a permit therefor granted by the Chief of Police upon written application
to and under conditions imposed by him.
Every application for a permit hereunder shall
state the name of the applicant, the place where the permitted article
is to be stationed or used, the period during which it is to be operated,
whether the operation is to be constant or intermittent and such further
information as may be required by the Chief of Police.
No person other than musicians in a lawful and
authorized parade or procession, or itinerant musicians or other persons
licensed thereto by the Chief of Police, shall, in any street or way
or public place, ring or blow or cause to be rung or blown any bell
or horn except as a warning of danger or use or play upon or cause
to be used or played upon any musical or noisemaking instrument.
The use of any device whose purpose it is to
protect an owner's vehicle from damage and/or theft through the mechanical
creation of a noise of sufficient magnitude to be plainly audible
at a distance of 100 feet from such device which does not automatically
terminate any such noise within five minutes shall be declared an
unlawful use of a noisemaking instrument.
No erection, demolition, alteration, or repair
of any building or structure and excavation in regard thereto, including
gravel permit activities and operations, shall be allowed except between
the hours of 7:00 a.m. and 7:00 p.m., except in the interest of public
safety or welfare as determined by the Building Inspector. The allowed
hours of operation shall be included on every building permit or other
permit for the above activities issued by the City. The Building Inspector's
decision may be appealed pursuant to § 255-75 of the City
Code.
It shall be unlawful for any person, except
in emergencies by public utility companies or by any City department,
to operate any construction device(s), including but not limited to
impact devices, on any construction site if the operation of such
device(s) emits noise, measured at the lot line of an abutting residential
lot, in excess of 50 dBa between the hours of 6:00 p.m. and 7:00 a.m.
It shall be unlawful for any person in any area to operate a loud amplification device or similar equipment, as defined in §
182-4B, in or on a motor vehicle, which is either moving or standing in a public way.
It shall be unlawful for any person in any area of the City to operate a loud amplification device or similar equipment, as defined in §
182-4B, on a public way or in any other public place except as permitted by §
182-1.
It shall be unlawful for any person in any area of the City to operate a loud amplification device or similar equipment, as defined in §
182-4B, in a dwelling house or on the land or other premises of such dwelling house.
The provisions set forth in the Code of Federal
Regulations, Section 201 (Subparts 1 - C), Noise Emission Standards
for Transportation Equipment; Interstate Rail Carriers, as authorized
by the Noise Control Act of 1972 (Pub. L. 92-574, 86 Stat. 1234),
shall be hereby adopted and enacted in its entirety. Any and all rail
carriers, as defined in said regulations, whether interstate or intrastate,
shall comply with the noise emission standards and procedures set
forth within said regulations while operating within the City.
It shall be unlawful to own, possess or harbor
any animal which frequently or for continued duration makes sounds
which create a noise disturbance across a residential real property
boundary.
Any of the provisions of this chapter may be enforced by any police officer. Section
182-6,
182-7,
182-12,
182-13,
182-14 or
182-15 may be enforced by agents of the Board of Health or the Building Inspector. Section
182-13 may be enforced by the Animal Control Officer. The Housing Court or the District Court, if applicable, may enforce violations of these sections.
The following are exempted from the above provisions
and shall not be considered unreasonable or excessive noise for purposes
of this chapter:
A. Noise from police, fire, ambulance and civil and national
defense activities, or in training exercises related to emergency
activities.
B. Parades, public gatherings, or sporting events, for
which permits have been issued or which are supervised by the School
Department or the Human Services Department.
C. Noncommercial public speaking and public assembly activities as allowed by federal or state law or §
189-1 of Chapter
189, Peace and Good Order, of the Code of the City of Haverhill.
[Added 4-21-2020 by Doc. 57]
No person or other legal entity shall operate or allow to be
operated an unattended self-service car wash facility except between
the hours of 7:00 a.m. and 9:00 p.m. The allowed hours of operation
shall be included on every occupancy permit or other permit for such
a facility issued by the City.