Town of Yarmouth, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Yarmouth as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Firearms — See Ch. 84.
Loitering — See Ch. 99.
Peace and good order — See Ch. 112.
Poultry and swine — See Ch. 196.
[Adopted STM 1-11-2005 by Art. 9,[1] approved 3-17-2005]
[1]
Editor's Note: This article also repealed former Ch. 104, Noise, adopted by the ATM 4-7-1981 by Art. 16, as amended.
It shall be unlawful for any person or persons occupying or having charge of any building or premises or any part thereof in the Town of Yarmouth, other than that section of any establishment licensed under Chapter 138 of the Massachusetts General Laws, at any time between the hours of 11:00 p.m. and 7:00 a.m. to knowingly allow unnecessary, loud, excessive, or unusual noises in the operation of any radio or other musical sound-making device or instrument or in the playing of any band, orchestra, musician or group of musicians, or making any loud outcries, exclamations, or other loud or boisterous noises by any person or group of persons.
It shall be unlawful for any person or persons in or about any dwelling, building, premises, shelter, boat or conveyance or any part thereof, other than that section of any establishment licensed under Chapter 138 of the Massachusetts General Laws, to cause, between the hours of 11:00 p.m. and 7:00 a.m., any unnecessary, loud, excessive, or unusual noises in the operation of any sound-making device or in the playing of any band, orchestra, musician or group of musicians or the making of loud outcries and boisterous singing by any person or group of persons.
It shall be unlawful for any person while in control of any motor vehicle, as defined by MGL c. 90, § 1, as amended, in the Town of Yarmouth to cause unnecessary, loud, excessive or unusual noise in the operation of the motor vehicle, as defined by MGL c. 90, § 1, as amended. The fact that the noise is plainly audible at a distance of 150 feet from the motor vehicle from which it originates shall constitute prima facie evidence of a violation of this article.
This article shall not be applicable to fire signals or alarms or to sounds emanating from police, fire or other governmental or emergency vehicles.
The owner of any building, dwelling, structure, premise, or shelter, which is let, rented or leased, shall provide any and all tenants, lessees and sublessees with a copy of all sections of Chapter 104 of the Yarmouth Code.
Any person or persons found violating this article shall be first warned in writing of said violation. Any violation of this article shall be punished by a fine of not more than $300 for each offense. Any person or persons who commit, in the presence of a police officer, a violation of this article which amounts to a breach of the peace or anticipatory breach of the peace may be arrested without a warrant.