TOPIC:                        REGULATED CONDUCT


KEY WORDS:                    

CODE:                         ORD  V-14

AGENCIES:                POLICE

STATUTES:                C. 40 S. 21D

DATES:                       04/14/98, 01/26/93, 09/10/91, 07/14/87



                                    SECTION 3.  It shall be unlawful for any person to willfully make or continue or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.  The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

1.      The level of the noise.

2.      The intensity of the noise.

3.      Whether the nature of the noise is usual or unusual.

4.      Whether the origin of the noise is natural or unnatural.

5.      The level and intensity of the background noise, if any.

6.      The proximity of the noise to residential sleeping facilities.

7.      The nature of zoning or the area within which the noise emanates.

8.      The density of the inhabitation of the area within which the noise emanates.

9.      The time of the day or night the noise occurs.

10.  The duration of the noise.

11.  Whether the noise is recurrent, intermittent or constant.

12.  Whether the noise is produced by commercial or noncommercial activity.

SECTION 4.  The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this ordinance, but said enumeration shall not be deemed to be exclusive, namely:

A)    Horns, signaling devices etc.  The sounding of any horn or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public place or the city, except as a danger warning; the creation by means of any signaling device of any unreasonably loud or harsh noise; and the sounding of any such device of an unnecessary and unreasonable period of time.  The use of any such signaling device when traffic is for any reason held up.

B)     Radios, Boom Boxes, Phonographs etc.  The using, operating or permitting to be played, used or operated any radio, boom box, receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device and in such a manner as to be plainly audible from the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this section.

C)    Loud Speakers, Amplifiers for Advertising.  The using, operating or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine of device for the producing or reproducing of sound which is caused upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

D)    Yelling, Shouting etc.  Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between 23:00 and 07:00 or at any time or place, so as to annoy or disturb the quiet, comfort, or repose or persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.

E)     Deleted 01/26/93

F)     Steam Whistles.  The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper city authorities.

G)    Exhaust.  The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle, or motor cycle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

H)    Defect in Vehicle or Load.  The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

I)       Construction or Repairing of Buildings.  The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 07:00 and 18:00 on week days, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which may be granted for a period not to exceed 3 days or less while the emergency continues and which permit may be renewed for periods of 3 days or less while the emergency continues.  If the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 18:00 and 07:00, and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 18:00 and 07:00, upon application being made at the time the permit for the work is awarded or during the progress of the work.

J)       Schools, Courts, Churches, Hospitals.  The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.

K)    Hawkers, Peddlers.  The shouting and crying of peddlers and vendors which disturbs the neighborhood.

L)     Drums.  The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

M)   Metal Rails, Pillars and Columns Transportation thereof.  The transportation of rails, pillars or columns or iron, steel or other material, over and along streets and other public places upon carts, trays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.

N)    Pile Drivers, Hammers, etc.  The operation of any pile driver, steam shovel, pneumatic hammer, derrick steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise, except as allowed in subsection (I), as aforesaid.

O)    Blowers.  The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to explosion of operating gases or fluids, unless the noises from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.

P)     It shall be unlawful for the owner of premises to knowingly permit the making, creation or maintenance of unreasonably loud noises upon any premises owned or possessed by him or under his control.

SECTION 5.  Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined Three Hundred ($300) Dollars which money shall inure to the City of Lynn.  Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as offense and shall be punishable as such hereunder

The Lynn Police Department shall be the enforcing authority for all purposes.

SECTION 6.  Manner of Enforcement.  Fines shall be recovered by non-criminal disposition pursuant to the provisions of C. 40, S. 21D

SECTION 7.  Additional Remedy, Injunction.  As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons or formal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by restraining order or injunction issued by a court of competent jurisdiction.



PENALTIES:             FINE - $300 per offense after conviction

                                    Fines recovered pursuant to C. 40. S. 21D.

                                    Alternative remedies provide for restraining orders,