[HISTORY: Adopted by the Town Council of the Town of Agawam 5-7-1990 as TOR-90-28. Amendments noted where applicable.]
Pursuant to MGL C. 40, § 21, Clause 22, the creation of or failure to abate or control any unreasonably loud, disturbing and/or unnecessary noise is prohibited. Without limiting the generality of the foregoing, the following acts are hereby declared to be unreasonably loud, disturbing and/or unnecessary noise in violation of this section:
The sounding of any horn, whistle or signal device on any motorized vehicle, including but not limited to an automobile, bus, truck, motorcycle or motorscooter, while in motion or not in motion, except as a danger signal if another vehicle is approaching in an erratic or out of control manner.
The operation of any motorized vehicle, including but not limited to an automobile, bus, truck, motorcycle or motorscooter, in such a manner or in such a condition as to cause unreasonably loud, disturbing and/or unnecessary noise.
Radios, stereos, phonographs, musical instruments and/or other audio/video equipment: the playing of any radio, stereo, phonograph, musical instrument and/or other audio/video equipment in such a manner or at such volume as to annoy or disturb the quiet, comfort or repose of other person(s).
Churches and schools: the creation of any unreasonably loud, disturbing and/or unnecessary noise on any area adjacent to any church, school or other educational or religious institution while the same is in session.
Peddlers and hawkers: the shouting and/or crying of peddlers, hawkers and/or other street vendors which annoys or disturbs the quiet, comfort or repose of other person(s).
Use of drums and/or loudspeakers for sale or display: the use of any drum, loudspeaker, musical instrument or other voice amplification device for the purpose of attracting attention by creation of noise for sale or display of merchandise. Amusement parks, civic and religious organizations shall be exempt from the provisions of this subsection.
The Police Department shall have the authority to enforce the provisions of this chapter.
Whoever violates this chapter shall be fined not more than $300 nor less than $100 for the first offense. Second and subsequent offenses shall result in a mandatory fine of $300. Whoever violates any provision of this chapter shall pay restitution to the Town of Agawam in an amount equal to all costs and expenses, including reasonable attorney's fees, incurred by the town in the prosecution of this chapter.