Loading...
(A) No person shall make, or cause to be made, any unreasonable or excessive noise in the city, by whatever means or from whatever means or from whatever source.
(B) For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
dBa. A-weighted sound level in decibels, as measured by a general purpose sound level meter complying with the provisions of the American National Standards Institute, “Specifications for Sound Level Meters (ANSI S1.4 1971)”, properly calibrated, and operated on the “A” weighting network.
LOUD AMPLIFICATION DEVICE OR SIMILAR EQUIPMENT. A radio, television, phonograph, stereo, record player, tape player, cassette player, compact disc player, loud speaker or sound amplifier which is operated in such a manner that it creates unreasonable or excessive noise.
UNREASONABLE OR EXCESSIVE NOISE.
(1) Noise measured in excess of 50 dBa between the hours of 11:00 p.m. and 7:00 a.m., or in excess of 70 dBa at all other hours; or
(2) In the absence of an applicable noise level standard or regulation of the Air Pollution Control Commission, any noise plainly audible at a distance of 300 feet or, in the case of loud amplification devices or similar equipment, noise plainly audible at a distance of 100 feet from its source by a person of normal hearing.
(CBC 1985 16-26.1; Ord. 714 § 354; Ord. 1991 c. 4 § 1) Penalty, see Subsection 16-32.6
The use, maintenance, installation or keeping of any device whose purpose it is to protect an owner’s vehicle from damage and/or theft through the mechanical creation of a noise of sufficient magnitude to be plainly audible at a distance of 200 feet from such device which does not automatically terminate any such noise within five minutes shall be unlawful. Penalty for violation of this Section shall be a fine of $50. This Section shall be deemed a part of the Environment Protection Ordinances, so called, and shall be enforced pursuant to the provisions of M.G.L. Chapter 40, Section 21D.
(Ord. 1984 c. 4; [354a]; CBC 1985 16-26.2) Penalty, see Subsection 16-32.6
The use of any device whose purpose it is to protect an owner’s vehicle from damage and/or theft through the mechanical creation of a noise of sufficient magnitude to be plainly audible at a distance of 200 feet from such device which does not automatically terminate any such noise within five minutes shall be declared an unlawful use of a noise making instrument. The penalty for violation of this Section shall be $50 and shall be in compliance with the provisions of M.G.L. Chapter 40, Section 21D. This Section shall be deemed a part of the Environment Protection Ordinances, so called.
(Ord. 1984 c. 5 § 1 [354b]; CBC 1985 16-26.3) Penalty, see Subsection 16-32.6
No erection, demolition, alteration or repair of any building and excavation in regard thereto, except between the hours of 7:00 a.m. and 6:00 p.m., on weekdays or except in the interest of public safety or welfare, upon the issuance of and pursuant to an Off Hours Permit from the Commissioner, Inspectional Services Department, which may be renewed for one or more periods of not exceeding one week each. Any person violating this Section hereof shall be punished by a fine of $300 for each offense. All fines issued under this Section may be recovered by the noncriminal disposition procedures promulgated in M.G.L. Chapter 40, Section 21D. Each day shall constitute a new offense.
(Ord. 1984 c.10 § 1 [354c]; CBC 1985 16-26.4; Ord. 1991 c. 5 § 38; Ord. 2016 c. 8 §§ 1-4)
Editor’s note:
The Building Department and the Housing Inspection Department were abolished and all powers and duties transferred to the Inspectional Services Department by Ch. 19 of the Ordinances of 1981 (Section 9.9 of this Code).
It shall be unlawful for any person except in emergencies by Public Utility Companies to operate any construction device(s), including, but not limited to, impact devices, on any construction site if the operation of such device(s) emits noise, measured at the lot line of a residential lot in excess of 50 dBa between the hours of 6:00 p.m. and 7:00 a.m.
(Ord. 1985 c. 3 § 1 [354d]; CBC 1985 16-26.5) Penalty, see Subsection 16-32.6
(A) It shall be unlawful for any person or persons in a residential area within the city to disturb the peace by causing or allowing to be made any unreasonable or excessive noise, including, but not limited to, such noise resulting from the operation of any radio, phonograph or sound related producing device or instrument, or from the playing of any band or orchestra, or from the use of any device to amplify the aforesaid noise, or from the making of excessive outcries, exclamations or loud singing or any other excessive noise by a person or group of persons, or from the use of any device to amplify such noise; provided, however, that any performance, concert, establishment, band, group or person who has received and maintains a valid license or permit from any Department, Board or Commission of the city authorized to issue such license or permit shall be exempt from the provisions of this Section.
UNREASONABLE OR EXCESSIVE NOISE shall be defined as noise measured in excess of 50 dBa between the hours of 11:00 p.m. and 7:00 a.m. or in excess of 70 dBa at all other hours when measured not closer than the lot line of a residential lot or from the nearest affected dwelling unit. The term dBa shall mean the A-weighted sound level in decibels, as measured by a general purpose sound level meter complying with the provisions of the American National Standards Institute, “Specifications for Sound Level Meters (ANSI S1.4 1971)”, properly calibrated, and operated on the “A” weighting network.
(B) Any person aggrieved by such disturbance of the peace may complain to the Police about such unreasonable or excessive noise. The Police, in response to each complaint, shall verify by use of the sound level meter described herein that the noise complained of does exceed the limit described herein and if so, may thereupon arrest and/or make application in the appropriate court for issuance of a criminal complaint for violation of M.G.L. Chapter 272, Section 53, which sets forth the penalties for disturbing the peace.
(CBC 1985 16-26.6; Ord. 1986 c.19 §§ 1, 2 [354e]; Ord. 1991 c. 4 § 2) Penalty, see Subsection 16-32.6
(A) It shall be unlawful for any person in any area of the city to operate a loud amplification device or similar equipment, as defined in Subsection 16-26.1, in or on a motor vehicle which is either moving or standing in a public way.
(B) No person shall operate or use on any public right-of-way any electronically operated or electronic sound signal device attached to, on or in a motor vehicle from which food or any other items are sold, or offered for, sale when the vehicle is stopped, standing or parked. This Subsection shall not apply to sound signal devices used as a safety device, such as, but not limited to, a car horn or back-up signal that is actually used for its intended purpose. For the purposes of this division (B), the term
STOPPED means the halting of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with a Police Officer or other authorized Enforcement Officer or a traffic control sign or signal. For purposes of this subdivision, the terms STANDING and PARKED shall be as defined in the city’s Traffic Rules and Regulations.
(CBC 1985 16-26.7; Ord. 1991 c. 4 § 3; Ord. 2008 c. 7) Penalty, see Subsection 16-26.11, 16-32.6
It shall be unlawful for any person in any area of the city to operate a loud amplification device or similar equipment, as defined in Subsection 16-26.1, in a public way or in any other public place.
(CBC 1985 16-26.8; Ord. 1991 c. 4 § 3) Penalty, see Subsection 16-26.11, 16-32.6
Loading...