[HISTORY: Adopted by the Town of Falmouth: Art. I, Annual Town Meeting 3-1-1965,
Art. 32; Art. II, Annual Town Meeting 3-1-1965, Art. 33.
Amendments noted where applicable.]
[Adopted ATM 3-1-1965, Art. 32]
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, other than that
section of any establishment licensed under MGL C. 138, to cause or suffer
or allow any unnecessary, loud, excessive or unusual noises in the operation
of any radio, phonograph or other mechanical soundmaking device or instrument,
or reproducing device or instrument, or in the playing of any band, orchestra,
musician or group of musicians, or in the use of any device to amplify the
aforesaid, or the making of loud outcries, exclamations or other loud or boisterous
noise or loud and boisterous singing by any person or group of persons or
in the use of any device to amplify the aforesaid noise, where the noise is
plainly audible at a distance of one hundred and fifty (150) feet from the
building, structure, vehicle or premises in which or from which it is produced.
The fact that the noise is plainly audible at a distance of one hundred and
fifty (150) feet from the vehicle or premises from which it originates shall
constitute prima facie evidence of a violation of this chapter.
[Adopted ATM 3-1-1965, Art. 33]
It shall be unlawful for any person or persons being present in or about
any building, dwelling, premises, shelter, boat or conveyance or any part
thereof, other than that section of any establishment licensed under MGL C.
138, who shall cause or suffer or countenance any loud, unnecessary excessive
or unusual noises in the operation of any radio, phonograph or other mechanical
soundmaking device, or instrument, or reproducing device or instrument, or
in the playing of any band, orchestra, musician or group of musicians, or
the making of loud outcries, exclamations or other loud or boisterous noise
or loud and boisterous singing by any person or group of persons, or in the
use of any device to amplify the aforesaid noise, where the aforesaid noise
is plainly audible at a distance of one hundred fifty (150) feet from the
building, dwelling, premises, shelter, boat or conveyance in which or from
which it is produced. The fact that the noise is plainly audible at a distance
of one hundred fifty (150) feet from the premises from which it originates
shall constitute prima facie evidence of a violation of this Article. Any
person shall be deemed in violation of this Article who shall make, or aid,
or cause, or suffer, or countenance, or assist in the making of the aforesaid
and described improper noises, distance, breach of peace and the presence
of any person or persons in or about the building, dwelling, premises, shelter,
boat or conveyance or any part thereof during a violation of the Article shall
constitute prima facie evidence that they are a countenancer to such violation.
Any person violating this Article shall be punished by a fine of not
more than fifty dollars ($50.) for each offense.
