[HISTORY: Adopted by the Annual Town Meeting of the Town of Belchertown 5-10-1999 by Art. 21. Amendments noted where applicable.]
No person owning, leasing or controlling a source of sound shall willfully, negligently or through failure to provide necessary equipment, service or maintenance or to take necessary precautions cause, suffer, allow or permit unnecessary emissions from said source of sound that may cause noise.
Section 82-1 shall pertain to, but shall not be limited to, prolonged, unattended sounding of burglar alarms; construction and demolition equipment which characteristically emits sound but which may be fitted and accommodated with equipment, such as enclosures, to suppress sound or may be operated in a manner so as to suppress sound; suppressible and preventable industrial and commercial sources of sound and other man-made sounds that cause noise.
Said section shall not apply to sounds emitted during and associated with:
Parades, public gatherings or sporting events for which permits have been issued, provided that said parades, public gatherings or sporting events in one city or town do not cause noise in another city or town;
Emergency, police, fire and ambulance vehicles;
Police, fire and civil and national defense activities; and
Domestic and agricultural equipment, such as, but not limited to, lawn mowers and power saws, between the hours of 7:00 a.m. and 9:00 p.m.
Violation of this chapter shall be subject to noncriminal disposition pursuant to the provisions of MGL c. 40, § 21D. For purposes of noncriminal disposition, the penalty to apply in the event of a violation shall be a written warning for the first offense, $150 for the second offense and $300 for each subsequent offense. Each day on which a violation exists shall be deemed to be a separate offense. The enforcement agents shall be police officers, the Zoning Enforcement Officer, Board of Health members or the Director of Health.