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SECTION 7.9 NOISE ABATEMENT; DISTURBING THE PEACE PROHIBITED

.1 PURPOSE

The purpose and intent of this ordinance is to protect, promote and preserve public health, safety and welfare and to enhance the use, value and enjoyment of property and the conduct of business by minimizing the exposure of residents to the potentially negative physiological and psychological effects of excessive and unnecessary noise or nuisance in the environment.

.2 EXCESSIVE NOISE DEFINED

Unless otherwise specified, excessive noise, as used in this ordinance shall mean:

.1 between the hours of 9 p.m. and 7 a.m., noise measured in excess of 50 dBA at the property line or clearly audible by a person of normal hearing at a distance of one hundred feet from the source;

.2 between the hours of 7 a.m. and 9 p.m., noise measured in excess of 70 dBA at the property line or clearly audible by a person of normal hearing at a distance of three hundred feet from the source.

dBA shall mean A-weighted sound level in decibels, as measured by a general purpose, properly calibrated sound level meter complying with the provisions of the American National Standard Institute Specifications for Sound Level Meters (ANSI SIR 19711).

.3 DISORDERLY CONDUCT AND NOISE-PRODUCING ACTIVITY - IN GENERAL .1 No person shall, in any public way, park or other place to which the public has a right of access, behave in a rude or disorderly manner, or use indecent, profane or insulting language or gestures. No person shall remain on any doorstep, portico or other projection from any house or building or stand with others on any public way in such a manner as to obstruct the free passage of pedestrians or vehicles.

.2 No person shall, in any public way, park or other place to which the public has a right of access, operate an amplifying device to the annoyance of public, as determined by a Malden Police Officer or upon sworn statement of at least two witnesses.

.3 No person shall, while upon public ways or public property, operate any sound producing or sound amplifying device so as to create excessive noise. For purposes of this section, a sound producing or sound amplifying device shall include, but not be limited to, the following: radios, tape players, compact disc players and similar electronic devices; musical instruments; loud speakers; motors or engines, whether or not muffled to minimize sound;

.4 No person shall permit an alarm devise on an automotive or recreational vehicle under his ownership or control to sound without cause. Any such alarm system which emits a continuous and uninterrupted signal for more than 15 minutes shall be deemed to be in violation of this ordinance, and the Malden Police may take all reasonable steps to abate said nuisance. All cost associated with said abatement shall be borne by the record owner of the vehicle. In addition to the costs associated with abatement of the nuisance, the owner of a vehicle found in violation of this ordinance may be assessed an additional penalty as outlined below.

.4 NOISE EMANATING FROM BUSINESS ACTIVITIES

.1 No person shall use any amplifying devise, radio, bell, horn or siren operated from any building, vehicle or store for advertising purposes.

.2 No hawker or peddler shall cry his wares within 300 feet of a cemetery or between the hours of 9 p.m. and 7 a.m., unless specifically licensed therefor by a permit issued under Section 6.5C.

.3 No person engaged in the business of construction, demolition, excavation or landscaping or engaged in construction, demolition, excavation or landscaping for profit shall operate mechanical, motorized or sound-producing equipment, except on weekdays between the hours of 7 a.m. & 5 p.m.; provided that said equipment may be operated on Saturdays to such an extent that excessive noise is not created.

.5 NIGHT TIME NOISE DISTURBING THE PEACE AT RESIDENTIAL PROPERTIES .1 For purposes of this section, between the hours of 11 p.m. and 7 a.m., excessive noise shall include, but not be limited to, noise clearly audible from the nearest dwelling unit which results from any of the following sources:

.1 the operation of a radio, phonograph or related electronic devices;

.2 the playing of musical instruments;

.3 the use of any device designed to amplify sound; .4 singing, shouting or loud speech by a person or group of persons.

.2 No person owning or controlling residential property in the city shall permit the inhabitants or occupants to disturb the peace of others through the creation of excessive noise. The police shall instruct persons creating a disturbance to cease and desist and shall take note of the time and place of such disturbance has occurred.

.3 Violations of this ordinance may be punished by the City Treasurer, based upon information provided by the Police Chief, in the manner provided in MGL Chapter 41, Section 21D in accordance with the following schedule of fines: 1 offense warning st

2 offense $100.00 nd

3 offense $200.00 rd

4th & subsequent offenses $300.00

.6 EXEMPTIONS

The following noise producing activities are specifically exempt from the provisions of this ordinance: .1 work performed by the City of Malden, the Commonwealth of Massachusetts or any of its political subdivisions; provided that no emergency medical or public safety vehicle shall operate a siren between the hours of 9 p.m. and 7 a.m. unless said siren is deemed essential to the safety of emergency personnel or the public;

.2 emergency work authorized by the Chief Police, when in his opinion, the prohibition of said work would endanger the public health, safety or welfare;

.3 any work or activity which has been specifically licensed or permitted by a city department, board or commission; provided that the noise created is limited to the days and hours contained in this ordinance or by the terms of a license or permit;

.4 any sound resulting from a religious observance, provided that such activity occurs between the hours of 8 a.m. and 10 p.m.

.7 ADDITIONAL REGULATIONS ON NOISE

The Board of Health may promulgate additional regulations on noise not inconsistent with the provisions of this ordinance. Said regulations may perfect the provisions of this ordinance or place restrictions on noise emanating from other sources and may be enforced in the manner provided herein.

.8 PENALTIES FOR VIOLATION

Violations of this ordinance may be enforced in the manner provided in MGL Chapter 41, Section 21D in accordance with the following schedule of fines:

1 offense $100.00 st

2 offense $200.00 nd

3 /subsequent offenses $300.00