[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:
A.
Motor vehicles:
(1)
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.
(2)
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.
B.
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).
C.
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.
D.
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).
E.
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.
