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16-26.9   Prohibition Against Loud Amplification Devices in or on Residential Premises.
   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 dwelling house or on the land or other premises of such dwelling house.
(CBC 1985 16-26.9; Ord. 1991 c. 4 § 3) Penalty, see Subsection 16-26.11, 16-32.6
16-26.10   Enforcement.
   Subsections 16-26.7, 16-26.8 or 16-26.9 may be enforced by any Police Officer, any special Police Officer designated by the Commissioner to do so, by any designee of the Air Pollution Control Commission or of the Board of Health and Hospitals or of the Commissioner of Inspectional Services. The Housing Court may enjoin violation of these Subsections.
(CBC 1985 16-26.10; Ord. 1991 c. 4 § 3; Ord. 1995 c. 5)
16-26.11   Penalties.
   (A)   (1)   Any person who violates Subsections 16-26.7, 16-26.8 or 16-26.9 shall be fined $50 for the first violation in any 12-month period, $100 and for the second violation in any 12-month period and $200 for the third violation and each subsequent violation in any 12-month period. The enforcing person shall make a record of the complaint, such record to include the following information, to the extent that it is available:
         (a)   Name and address of person in violation;
         (b)   Name and address of landlord of person in violation, if applicable;
         (c)   Date of violation;
         (d)   Time of violation;
         (e)   Location of violation;
         (f)   Source of violation; and
         (g)   Motor vehicle registration number, if applicable. If the person in violation refuses to provide the above-required information or if any information provided proves to be false, then said person shall be punished by a fine of an additional $100.
   (B)   (1)   The Air Pollution Control Commission shall keep and make available to the public and all persons authorized to enforce these provisions, and the certification or the information there appearing by an enforcing official to a court shall establish a rebuttable presumption of the accuracy thereof.
      (2)   No person, being the landlord or person in charge of a residential structure shall permit, allow or suffer repeated violations of these ordinances after notice thereof and shall be fined at the time of the third such violation and at the time of every violation thereafter within 12 months of the first violation by a fine of $150 and by a fine of $300 for each violation thereafter. It shall be a defense that the landlord or person in charge of a residential structure has made and documented good faith efforts, including, but not limited to, the seeking of a court order, to prevent violations.
      (3)   For all other violations of these Sections, the penalties for such violations are:
         (a)   For the first violation in any 12-month period, $100;
         (b)   For the second violation in any 12-month period, $200; and
         (c)   For the third violation and each subsequent violation in any 12-month period, $300.
   (D)   (1)   The enforcing person shall provide a person in violation with a written notice of the violation and fine. If applicable, a copy of each notice of violation shall be sent to the person in violation’s landlord and to the school, college or university at which the person in violation is enrolled.
      (2)   All fines issued under these Sections may be recovered by the noncriminal disposition procedures promulgated in M.G.L. Chapter 40, Section 21D, which procedures are incorporated herein by reference; provided, however, that if a person in violation fails to follow the procedures and requirements of M.G.L. Chapter 40, Section 21D, then the fine or fines shall be recovered by indictment or by complaint pursuant to M.G.L. Chapter 40, Section 41.
(CBC 1985 16-26.12; Ord. 1991 c. 4, § 3; Ord. 1995 c. 5; Ord. 2003 c. 19 §§ 1, 2, 3)
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