City of Chicopee, MA
Hampden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Aldermen (now City Council) of the City of Chicopee 5-21-1996 by Ord. No. 96-33. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 122.
Code Enforcement — See Ch. 132.
Curfews — See Ch. 139.
Dogs and other animals — See Ch. 144.
Parks and recreation — See Ch. 206.
Vehicles and traffic — See Ch. 260.
This chapter not apply to the operation or use of any organ, radio, bell, chimes or other instrument, apparatus or device by any church, synagogue or school.
Subject to the provisions of this chapter, the creation of any unreasonably loud, disturbing and unnecessary noise is prohibited. Noise of such character, intensity and duration, as to be detrimental to the life or health of any individual or contrary to the public welfare is prohibited.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but the enumeration herein shall not be deemed to be exclusive:
A. 
Horns; signaling devices. The repeated or continuous sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while stationary, except as a danger signal to warn of something, such as when an approaching vehicle is apparently out of control, or, if in motion, only as a danger signal after or as brakes are being applied and decelaration of the vehicle is intended; the creation by means of any such signal device of any reasonably loud or harsh sound or the sounding of any such device for an unnecessary period of time.
B. 
Noisy vehicles. The use of an automobile, motorcycle or other vehicle so out of repair or so loaded in such a manner so as to create repeated or continuous loud, unnecessary grating, grinding, rattling or other noise.
C. 
Discharge of exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or boat engine or motor except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
D. 
Construction; demolition; excavation. The erection, including excavating, demolition or repair of any building, further than between 7:00 a.m. and 9:00 p.m. on weekdays (Monday through Friday), except in case of an urgent necessity in the interest of public safety and then only with a one-to-two-day permit from the Building Department, which permit may be renewed three times or less while the emergency continues. The prior sentence does not apply on weekends to private residences for which hired contractors are not employed. Weekend hours that apply to such private residences shall be limited to 8:00 a.m. to 6:00 p.m. from September through April and to 8:00 a.m. to 8:00 p.m. from May through August.
E. 
Noise near schools and other institutions. The creation of any excessive noise on any street adjacent to any school, installation of learning, church or court while the same is in session, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital, church or court house. Excessive noise, for the purposes of this section, shall be repeated and/or continuous noise that can reasonably be construed to impair or hamper the activities involved in any of the above stated entities.
F. 
Loading; unloading. The creation of a loud and/or excessive noise in connection with loading or unloading any vehicle and/or the opening and destruction of bales, boxes, crates and containers. Loud or excessive noise for the purposes of this section shall be 70 decibels or more for a period in excess of 4 hours.
G. 
Hawking, peddling. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
H. 
Drums; loudspeakers; similar devices. The use of a drum, loudspeaker or any other sound-producing instrument or device for the purpose of attracting attention to any election campaign, performance, show or sale or display of merchandise by the creation of noise, except when authorized by a special permit issued by the Chief of Police, who shall make reasonable rules and regulations therefor.
I. 
Noise in conduct of business. The creation of any unnecessary noise in the operation, conduct and/or maintenance of any business, factory, plant, yard or manufacturing establishment, including excavating, blasting (where permitted), grinding, breaking, crushing or processing of any substance or materials.
A. 
Any person who creates an unreasonably loud noise through the use of amplification sound devices, including, but not limited to, a boom box or radio amplification or similar equipment, including any audio, stereo, cassette player, radio or similar equipment in a parked or moving motor vehicle shall be subject to the following:
(1) 
Fine of $50 for the first offense.
(2) 
Fine of $100 for the second offense within a one-year period.
[Amended 2-15-2000 by Ord. No. 00-23]
(3) 
Fine of $300 for a third and subsequent offense within a one-year period.
[Amended 2-15-2000 by Ord. No. 00-23; 3-21-2000 by Ord. No. 00-31]
B. 
Loud and unreasonable noise defined. For purposes of this section, an unreasonable loud noise is defined as a sound which is greater than 50 decibels in the hours between 11:00 p.m. and 7:00 a.m. and 70 decibels at other times or any sound which is discernible at a distance of 100 feet, provided that such sound is not otherwise authorized by permit or license granted by the Commonwealth of Massachusetts or the City or by permission of the Chief of Police.
[Added 10-20-2009 by Ord. No. 09-27[1]]
Dropoff, pickup, emptying and removal of trash container dumpsters within 1,000 feet of any residential zone shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
[1]
Editor's Note: This ordinance also redesignated former § 200-5, Enforcement, as § 200-6.
[Amended 6-16-1998 by Ord. No. 98-40; 9-21-2010 by Ord. No. 10-36]
Violations of this chapter are enforceable by the Chicopee Police Department, Chicopee Building Department and the Chicopee Health Department. Any person or entity who fails to comply with §§ 200-2, 200-3 and 200-5 shall be fined $25 per day. A person or entity commits a separate offense for each and every day a violation continues.[1]
[1]
Editor's Note: Former § 200-6, Violations and penalties, and § 200-7, Appeals, which immediately followed, were repealed 6-16-1998 by Ord. No. 98-40. For current provisions, see Ch. 132, Code Enforcement, Art. I, Noncriminal Disposition of Certain Violations.