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, other than that section of
any establishment licensed under MGL c. 138, who shall cause or suffer
or countenance any unnecessary loud, excessive or unusual noises,
including any unnecessary, loud, excessive or unusual noises in the
operation of any radio, phonograph or other mechanical sound-making
device or instrument or reproducing device or instrument or in the
playing of any band, orchestra, musician or group of musicians or
the making of loud outcries, exclamation or other loud or boisterous
noises or loud and boisterous singing by any person or group of persons
or in the use of any device, to amplify the aforesaid noise where
the aforesaid noise is plainly audible at a distance of 150 feet from
the building, dwelling, premises, shelter, boat or conveyance in which
or from which it is produced.
The fact that the noise is plainly audible at
a distance of 150 feet from the premises from which it originates
shall constitute prima facie evidence of a violation of this chapter.
[Amended 5-2-2011 ATM, Art. 26]
Any person shall be deemed in violation of this
chapter, who shall make or aid and abet or cause or suffer or countenance
or assist in making of the aforesaid and described improper noises,
disturbance, breach of the peace or a diversion tending to a breach
of the peace and the presence of any person or persons in or about
the building, dwelling, premises, shelter, boat or conveyance or any
part thereof during a violation of this chapter and shall constitute
prima facie evidence that they are a countenancer to such violation.
Any person violating this chapter shall be punished by a fine of $100
for each offense.