Town of Randolph, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Randolph 11-14-2011 by Ord. No. 2011-028. Amendments noted where applicable.]
GENERAL REFERENCES
Business hours — See Ch. 93.
Vehicles and traffic — See Ch. 179.
Fines — See Ch. 301.
A. 
No person shall make or cause to be made any unreasonable or excessive noise in the Town, by whatever means or from whatever means or from whatever source.
B. 
As used herein, the following terms shall have the following meanings:
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.
(1) 
Noise measured in excess of fifty (50) dBa between the hours of 11:00 p.m. and 7:00 a.m., or in excess of seventy (70) dBa at all other hours; or
(2) 
In the absence of an applicable noise level standard, any noise plainly audible at a distance of three hundred (300) feet or, in the case of loud amplification devices or similar equipment, noise plainly audible at a distance of one hundred (100) feet from its source by a person of normal hearing.
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 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 dollars ($50) in accordance with the fine schedule.[1] This section shall be deemed a part of the Environment Protection Ordinances, so called, and shall be enforced pursuant to the provisions of MGL c. 40, § 21D.
[1]
Editor's Note: See Ch. 301, Fines.
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 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. The penalty for violation of this ordinance shall be in accordance with the fine schedule and shall be in compliance with the provisions of MGL c. 40, § 21D.[1] This section shall be deemed a part of the Environment Protection Ordinances, so called.
[1]
Editor's Note: See Ch. 301, Fines.
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 a permit from the Building Commissioner, which permit may be renewed for one (1) or more periods of not exceeding one (1) week each.
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 fifty (50) dBa between the hours of 6:00 p.m. and 7:00 a.m.
A. 
It shall be unlawful for any person or persons in a residential area within the Town of Randolph 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 Town of Randolph 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 fifty (50) dBa between the hours of 11:00 p.m. and 7:00 a.m. or in excess of seventy (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 MGL c. 272, § 53, which sets forth the penalties for disturbing the peace.
A. 
It shall be unlawful for any person in any area of the Town to operate a loud amplification device or similar equipment, as defined in § 141-1, 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 subdivision 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 Town of Randolph Traffic Rules and Regulations.[1]
[1]
Editor's Note: See Ch. 179, Vehicles and Traffic.
It shall be unlawful for any person in any area of the Town to operate a loud amplification device or similar equipment, as defined in § 141-1, in a public way or in any other public place.
It shall be unlawful for any person in any area of the Town to operate a loud amplification device or similar equipment, as defined in § 141-1, in a dwelling house or on the land or other premises of such dwelling house.
Section 141-7, 141-8, or 141-9 may be enforced by any police officer, any special police officer designated by the Police Chief to do so, or by the Board of Health.
A. 
Any person who violates § 141-1, 141-8 or 141-9 shall be fined in accordance with the fine schedule.[1] The enforcing person shall make a record of the complaint, such record to include the following information, to the extent that it is available: (i) name and address of person in violation, (ii) name and address of landlord of person in violation, if applicable, (iii) date of violation, (iv) time of violation, (v) location of violation, (vi) source of violation, and (vii) 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 in accordance with the fine schedule.[2]
[1]
Editor's Note: See Ch. 301, Fines.
[2]
Editor's Note: See Ch. 301, Fines.
B. 
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 twelve (12) months of the first violation by a fine in accordance with the fine schedule and by a fine also in accordance with the fine schedule for each violation thereafter.[3] 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]
Editor's Note: See Ch. 301, Fines.
C. 
For all other violations of these sections, the penalties for such violations are: in accordance with the fine schedule.[4]
[4]
Editor's Note: See Ch. 301, Fines.
D. 
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.
E. 
All fines issued under these sections may be recovered by the noncriminal disposition procedures promulgated in MGL c. 40, § 21D, which procedures are incorporated herein by reference; provided, however, that if a person in violation fails to follow the procedures and requirements of MGL c. 40, § 21D, then the fine or fines shall be recovered by indictment or by complaint pursuant to MGL c. 40, § 41.
A. 
Notwithstanding the provisions of any other ordinance of the Town of Randolph, if a person is arrested by a Randolph police officer under the authority of the Massachusetts General Laws, including without limitation the provisions of MGL c. 272, § 54 for disturbing the peace under MGL c. 272, § 53, or any applicable Massachusetts General Law, the arresting officer may, pursuant to said General Laws, seize any loud amplification device or similar equipment, as defined in § 141-1 as evidence. In the event of such seizure for evidence by a Randolph police officer incident to such arrest, such amplification device or similar equipment shall be inventoried and held by the Randolph 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 Randolph 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 incident to an arrest, such motor vehicle may be returned to its registered owner if said loud amplification device or equipment has been duly removed therefrom 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.
The following are exempted from the provisions of Section 141 and shall not be considered unreasonable or excessive noise for purposes of this section:
A. 
Noise from law enforcement motor vehicles.
B. 
Noise from emergency vehicles which is emitted during an actual emergency.
C. 
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 Town 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.