[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.]
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. The excessive or otherwise unnecessary revving
of a motorcycle, automobile or other such motorized vehicle or equipment.
[Amended 5-4-2021 by Ord. No. 21-21]
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, institution
of learning, church or court while the same is in session, or adjacent
to any hospital or nursing home, 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.
[Amended 5-4-2021 by Ord. No. 21-22]
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:
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 as measured at the property
line of where the unreasonable noise originates 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.
[Amended 2-23-2023 by Ord. No. 23-3]
[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.
[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]
