[HISTORY: Adopted by the Town Meeting of
the Town of Yarmouth as indicated in article histories. Amendments
noted where applicable.]
[Adopted STM 1-11-2005 by Art. 9,[1] approved 3-17-2005]
[1]
Editor's Note: This article also repealed
former Ch. 104, Noise, adopted by the ATM 4-7-1981 by Art. 16, as
amended.
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 of Yarmouth, other than that section of any establishment licensed under Chapter 138 of the Massachusetts General Laws, at any time between the hours of 11:00 p.m. and 7:00 a.m. to knowingly allow unnecessary, loud, excessive, or unusual noises in the operation of any radio or other musical sound-making device or instrument or in the playing of any band, orchestra, musician or group of musicians, or making any loud outcries, exclamations, or other loud or boisterous noises by any person or group of persons.
It shall be unlawful for any person or persons in or about any dwelling, building, premises, shelter, boat or conveyance or any part thereof, other than that section of any establishment licensed under Chapter 138 of the Massachusetts General Laws, to cause, between the hours of 11:00 p.m. and 7:00 a.m., any unnecessary, loud, excessive, or unusual noises in the operation of any sound-making device or in the playing of any band, orchestra, musician or group of musicians or the making of loud outcries and boisterous singing by any person or group of persons.
It shall be unlawful for any person while in
control of any motor vehicle, as defined by MGL c. 90, § 1,
as amended, in the Town of Yarmouth to cause unnecessary, loud, excessive
or unusual noise in the operation of the motor vehicle, as defined
by MGL c. 90, § 1, as amended. The fact that the noise is
plainly audible at a distance of 150 feet from the motor vehicle from
which it originates shall constitute prima facie evidence of a violation
of this article.
This article shall not be applicable to fire
signals or alarms or to sounds emanating from police, fire or other
governmental or emergency vehicles.
The owner of any building, dwelling, structure, premise, or shelter, which is let, rented or leased, shall provide any and all tenants, lessees and sublessees with a copy of all sections of Chapter 104 of the Yarmouth Code.
Any person or persons found violating this article
shall be first warned in writing of said violation. Any violation
of this article shall be punished by a fine of not more than $300
for each offense. Any person or persons who commit, in the presence
of a police officer, a violation of this article which amounts to
a breach of the peace or anticipatory breach of the peace may be arrested
without a warrant.
