CITY OF SPRINGFIELD
IN THE YEAR TWO
THOUSAND ~ ONE
AN ORDINANCE.
AMENDING TITLE 7 OF THE REVISED ORDINANCES OF THE CITY OF
SPRINGFIELD, 1986, AS AMENDED, BY REPEALING CHAPTER 7.20 IN
ITS
ENTIRETY AND INSERTING IN ITS PLACE A NEW CHAPTER
7.20.020
THERETO
UNREASONABLE NOISE
Title 7 of the Revised Ordinances of the City of Springfield,
1986,
as amended, is hereby further amended by adding the following
new
Chapter 7.20 thereto:
Chapter 7.20
UNREASONABLE
NOISE
Sections:
7.20.010 General prohibition and definitions.
7.20.020 Unreasonable noise—Making automobile safety devices.
7.20.030 Unreasonable noise from automobile safety devices.
7.20.040 Regulation of construction hours.
7.20.050 Noise levels at residential lot lines.
7.20.060 Disturbing the peace.
7.20.070 Prohibition against laud amplification devices in motor
vehicles.
7.20.080 Prohibition against loud amplification devices in public
way or places.
7.20.090 Prohibition against loud amplification devices in or on
residential premises.
7.20.100 Arrest and seizure of property.
7.20.110 Exemptions.
7.20.120 Enforcement.
7.20.130 Violations—Penalties.
7.20.010 General prohibition and
definitions. 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. As used
herein, the following terms shall have the following
meanings:
1. “dBa” shall mean
A-weighted sound level in decibels, as measured by a general purpose sound level
meter complying with the provisions of the American National Standard Institute,
“Specifications far Sound Level Meter (ANSI SIR 19711 )“, properly calibrated,
and operated on the ‘A’ weighting network.
2.
“Loud amplification device or similar equipment” shall mean a radio,
television, phonograph, stereo, record player, tape player, cassette player,
compact disc player, loud speaker, musical instrument, or other sound
amplification device which is operated in such a manner that it creates
unreasonable or excessive noise.
3. “Noise disturbance”
shall mean any sound which (a) endangers or injures the safety or health of
humans or animals, or (b) annoys or disturbs a reasonable personable person of
normal sensitivities, or (c ) endangers or injures personal or real
property.
4. “Public right-of-way”
shall mean any street, avenue, boulevard, highway, sidewalk or alley or similar
place which is owned or controlled by a governmental entity.
5. “Unreasonable or excessive
noise” shall mean
a. Noise measured in excess
of 50 dBa between the hours of 11:00 p.m. in residential areas and 7:00 a.m., or
in excess of 65 dBa at all other hours; or
b. Noise measured in excess
of 65 dBa between the hours of 11:00 p.m. in commercial and industrial areas and
7:00 a.m., or in excess of 70 dBa at all other hours; or
c. All readings shall be
taken from the residential, commercial or industrial lot line or property
boundary;
d. When said unreasonable
noise emanates from an apartment building and is not in violation at the lot
line or boundary, a meter reading or a fifty (50) foot distance shall apply)
within the complainant’s apartment;
e. In the absence of an
applicable noise level standard or regulation by the city, any noise plainly
audible at a distance of one hundred (100’) feet or, in the case of loud
amplification devices or other similar equipment, noise plainly audible at a
distance of fifty (50’) feet from its source by a person of normal
hearing.
7.20.020
Unreasonable noise making automobile safety
devices. The use, maintenance, installation or
keeping of any device whose purpose it is to protect an owner’s vehicle from
damage and/or then through the mechanical creation of a noise of sufficient
magnitude to be plainly audible at a distance of two hundred (200’) feet from
such device which does not automatically terminate any such noise within five
(5) minutes shall be unlawful. Penalty for violation of this section shall be a
fine of fifty ($50.00) dollars. This section shall be enforced pursuant to the
provisions of chapter 1.16.010 of this ordinance and chapter 40, section 21 D of
the General Laws.
7.20.020
Unreasonable noise from automobile
safety devices. The
use of any device whose purpose it is to protect an owners vehicle from damage
and/or then through the mechanical creation of a noise of sufficient magnitude
to be plainly audible at a distance of two hundred (200’) feet from such device
which does not automatically terminate any such noise within five (5) minutes
shall be declared an unlawful use of a noise making instrument. Penalty for
violation of this section shall be a fine of fifty ($50.00) dollars. This
section shall be enforced pursuant to the provisions of chapter 1.16.010 of this
ordinance and chapter 40, section 21 D of the General Laws. * Added
* If a vehicle alarm is
continuous or repeated by recycles for 30 minutes or more and all reasonable
efforts to locate a key holder or owner are exhausted, the motor vehicle may be
towed. Public way.
7.20.040
Regulation of construction hours.
No erection, demolition,
alteration, or repair of any building and excavation in regard thereto, except
between the hours of 7:00 am. and 7:00 p.m., on weekdays or except in the
interest of public safety or welfare, upon the issuance of and pursuant to a
permit from the code enforcement commissioner, which permit may be renewed for
one or more periods not exceeding one (1) week each and is not plainly audible
at a distance of one hundred (100’) feet from the lot line of the lot on which
said construction activity is located, except for emergency work of a public
service utilities or general public works repairs of an emergency nature. Other
special exceptions may be only authorized by the code enforcement commissioner
in a written format.
7.20.050
Noise levels at residential lot lines. 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
am.
7.20.060
Disturbing the peace. A. It shall be
unlawful for any person or persons in a residential area within the city of
Springfield 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 of Springfield 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
65 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 SIR 19711”
properly calibrated, and operated an the “A” weighting network. 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 or is plainly audible at a
distance of fifty (50’) feet from the noise complained of as herein stated and
if so, may thereupon arrest and/or make application in the appropriate court for
issuance of a criminal complaint for violation of General Laws, chapter 272,
section 53, which sets forth the penalties for disturbing the
peace.
B. Animals and birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration (more than thirty (30) minutes) howls, barks, meows, squawks, or makes other sounds which creates a noise disturbance across a residential real property boundary. This provision shall not apply to public zoos.
C. Loading and
unloading. Loading, unloading, opening, closing or other handling of boxes,
crates, containers, building materials, garbage cans, or similar objects between
the hours of 11:00 p.m. and 6:00 a.m. in such a manner as to cause a noise
disturbance across a residential real property boundary.
D. Domestic power
tools. Operating or permitting the operation of any mechanically powered saw,
drill, sander, grinder, lawn mowers, garden tools, or similar device used
outdoors in residential areas between the hours of 11:00 p.m. and 8:00 a.m. in
such a manner as to cause a noise disturbance across a residential real property
boundary. Snowblowers may be operated between the hours of 5:00 a.m. and 12:01
a.m. on the day of a snow storm or snow emergency.
7.20.070 Prohibition
against loud amplification
devices in motor vehicles. 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 7.20.010, in or on a motor vehicle which is either moving
or standing in a public right-of-way.
7.20.080 Prohibition
against loud amplification devices in public ways or
places. 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 7.20.010, in a public right-of-way or in any other public
place.
7.20.090 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 7.20.010, in
a dwelling house or on the land or other premises of such dwelling
house.
7.20.100 Arrest and
seizure of property.
A. Notwithstanding the provisions of any other ordinance of the city, if
a person is arrested by a Springfield police officer under the authority of the
General Laws, including without limitation the provisions of General. Laws
chapter 272, section 54 for disturbing the peace or under General Laws chapter
272, section 53, or any applicable Massachusetts General Law, the arresting
officer may, pursuant to said General Laws, seize any such loud amplification
device or similar equipment, as defined in subsection 7.20.010, as evidence. In
the event of such seizure for evidence by a Springfield police officer incident
to such arrest, such loud amplification device or similar equipment shall be
inventoried and held by the Springfield police department or its agents, and
shall be returned to its owner according to the terms of this section, unless a
court of competent jurisdiction orders otherwise.
B. The arresting officer, in addition to any
other reports or procedures required of him shall give the person claiming to be
the owner of said loud amplification device or similar equipment a receipt
indicating where, when, and for what reason said device or equipment was seized,
and for what purpose it is being held. Copies of said receipt shall be filed in
the Springfield police department and shall be made available to the court. No
receipt shall be redeemed and no such device or equipment shall be returned
to any person unless and until all judicial proceedings that may be held
regarding the criminal allegations shall have been finally completed; provided,
however, that if a motor vehicle shall be seized incidental to an arrest, such
motor vehicle may be returned to its registered owner if said loud amplification
device or equipment has been duly removed there from with the written permission
of the registered owner of said motor vehicle. In such cases, the police
department shall provide said owner with a receipt for the removed device or
equipment as herein provided.
720.110
Exemptions. A. The following are exempted from the
provisions of section 7.20 and shall not he considered unreasonable or excessive
noise for purposes of this section:
1. Noise from law enforcement motor
vehicles.
2. Noise from
emergency vehicles which is emitted during an actual emergency.
3. Noise which a person is making or
causing to be made where such person has received and maintains a valid license or permit therefor from
any department, board or commission of the city authorized to issue such license
or permit; provided, however, that such noise shall be permitted only to the
extent allowed by the license or permit.
7.20.120
Enforcement. The provisions of this ordinance may be
enforced by any police officer, any special police officer designated by the
board of police commissioner to do so, code enforcement commissioner and the
director of health and human services. The housing court may enjoin violation of
these subsections.
7.20.130
Violations--Penalties. A. Any person who violates the provisions of
this ordinance shall for the first offense be fined fifty ($50.00) dollars. The
enforcing person shall make a record of the complaint, such record to include
the following information (to the extent that it is available), name and address
of person violating; name and address of landlord, if applicable; date; time;
motor vehicle registration number, if applicable; and location of the violation. If the violator refuses to
give the above-noted information or if any information proves false, said person
shall be punished by a fine of an additional fifty ($50.00) dollars. The
enforcing person shall give the violator a notice of the violation and fine, and
the violation and fine may be disposed of pursuant to General Laws chapter 40,
Section 21 D. A copy of each violation notice shall be sent to the landlord and
to the school or university at which the violator is enrolled, when
applicable.
B. The code enforcement
commissioner 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 rebutable
presumption of the accuracy thereof.
C. No person, being the
landlord or person in charge of a residential structure shall permit, or suffer,
the repeated violations of these ordinances, after notice thereof. Such person
shall be punished at the time of the third such violation, and every violation
thereafter within twelve (12) months of the first violation by a fine of one
hundred ($100.00) dollars in the case of the third, and two hundred ($200.00)
dollars for each Thereafter. It shall be a defense that the landlord or person
in charge of a residential structure shall have made good faith effort including
the seeking of a court order, to prevent violations.
D. Any person who
subsequently violates the provisions of this ordinance shall be punished by a
fine of one hundred ($100.00) dollars for the second offense, two hundred
($200.00) dollars for the third offense; and three hundred ($300.00) dollars for
the fourth and subsequent offenses committed within a twelve (12) month period.
All fines hereunder may be recovered by the non-criminal disposition procedures
stated in chapter 1.16, section 1.16.010 of this ordinance and Chapter 40,
Section 21D of the General Laws, which procedures are incorporated herein by
reference; provided, however, that if a violator fails to follow the procedures
and requirement of said Section 21D, the fine or fines shall be recovered by
indictment or an complaint pursuant to General Laws chapter 40, Section
21.
Approved
as to form:
Wayman
Lee’s signature
Associate City
Solicitor
Back to Memo from Kathleen
Brown, Citizen Liaison to Policing Index Page
Back to Sixteen Acres Index
Page
