[HISTORY: Adopted by the Town of Randolph 11-14-2011 by Ord. No. 2011-028. Amendments noted where applicable.]
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.
DBA
LOUD AMPLIFICATION DEVICE OR SIMILAR EQUIPMENT
UNREASONABLE OR EXCESSIVE NOISE
(1)
(2)
As used herein, the following terms shall have the following meanings:
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.
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.
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
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.
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.
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]
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.
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]
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.
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.
