16-26     UNREASONABLE NOISE.

     16-26.1     General Prohibition and Definitions.

     No person shall make or cause to be made any unreasonable or excessive noise in the City, by whatever means or from whatever means or from whatever source.

     As used herein, the following terms shall have the following meanings:

     a.     dBa shall mean A-weighted sound level in decibels, as measured by a general purpose sound level meter complying with the provisions of the American National Standards Institute, “Specifications for Sound Level Meters (ANSI S1.4 1971)”, properly calibrated, and operated on the “A” weighting network.

     b.     Loud amplification device or similar equipment shall mean a radio, television, phonograph, stereo, record player, tape player, cassette player, compact disc player, loud speaker, or sound amplifier which is operated in such a manner that it creates unreasonable or excessive noise.

     c.     Unreasonable or excessive noise shall mean

          1.     Noise measured in excess of 50 dBa between the hours of 11:00 p.m. and 7:00 a.m., or in excess of 70 dBa at all other hours; or

          2.     In the absence of an applicable noise level standard or regulation of the Air Pollution Control Commission, any noise plainly audible at a distance of three hundred (300') feet or, in the case of loud amplification devices or similar equipment, noise plainly audible at a distance of one hundred (100') feet from its source by a person of normal hearing.

 Penalty, see subsection 16-32.6

16-26.6     Disturbing the Peace.

     It shall be unlawful for any person or persons in a residential area within the City of Boston to disturb the peace by causing or allowing to be made any unreasonable or excessive noise, including but not limited to such noise resulting from the operation of any radio, phonograph or sound related producing device or instrument, or from the playing of any band or orchestra, or from the use of any device to amplify the aforesaid noise, or from the making of excessive outcries, exclamations, or loud singing or any other excessive noise by a person or group of persons, or from the use of any device to amplify such noise provided, however, that any performance, concert, establishment, band, group or person who has received and maintains a valid license or permit from any department, board or commission of the City of Boston authorized to issue such license or permit shall be exempt from the provisions of this section. Unreasonable or excessive noise shall be defined as noise measured in excess of 50 dBa between the hours of 11:00 p.m. and 7:00 a.m. or in excess of 70 dBa at all other hours when measured not closer than the lot line of a residential lot or from the nearest affected dwelling unit. The term dBa shall mean the A-weighted sound level in decibels, as measured by a general purpose sound level meter complying with the provisions of the American National Standards Institute, “Specifications for Sound Level Meters (ANSI S1.4 1971)”, properly calibrated, and operated on the “A” weighting network.

     Any person aggrieved by such disturbance of the peace may complain to the police about such unreasonable or excessive noise. The police, in response to each complaint, shall verify by use of the sound level meter described herein that the noise complained of does exceed the limit described herein and if so, may thereupon arrest and/or make application in the appropriate court for issuance of a criminal complaint for violation of M.G.L. c. 272, S. 53, which sets forth the penalties for disturbing the peace.

 Penalty, see subsection 16-32.6

  16-26.9     Prohibition Against Loud Amplification Devices in or on Residential Premises.

     It shall be unlawful for any person in any area of the City to operate a loud amplification device or similar equipment, as defined in subsection 16-26.1, in a dwelling house or on the land or other premises of such dwelling house.

 Penalty, see subsection 16-26.11, 16-32.6

     16-26.11     Penalties.

     a.     Any person who violates subsections 16-26.7, 16-26.8, or 16-26.9 shall be fined fifty dollars and no cents ($50.00) for the first violation in any twelve (12) month period, one hundred dollars and no cents ($100.00) and for the second violation in any twelve (12) month period, and two hundred dollars and no cents ($200.00) for the third violation and each subsequent violation in any twelve (12) month period.  The enforcing person shall make a record of the complaint, such record to include the following information, to the extent that it is available: (i) name and address of person in violation, (ii) name and address of landlord of person in violation, if applicable, (iii) date of violation, (iv) time of violation, (v) location of violation, (vi) source of violation, and (vii) motor vehicle registration number, if applicable.  If the person in violation refuses to provide the above-required information or if any information provided proves to be false, then said person shall be punished by a fine of an additional one hundred dollars and no cents ($100.00).

     b.     The Air Pollution Control Commission shall keep and make available to the public and all persons authorized to enforce these provisions, and the certification or the information there appearing by an enforcing official to a court shall establish a rebuttable presumption of the accuracy thereof.

     No person, being the landlord or person in charge of a residential structure shall permit, allow, or suffer repeated violations of these ordinances after notice thereof and shall be fined at the time of the third such violation and at the time of every violation thereafter within twelve (12) months of the first violation by a fine of one hundred fifty dollars and no cents ($150.00) and by a fine of three hundred dollars and no cents ($300.00) for each violation thereafter.  It shall be a defense that the landlord or person in charge of a residential structure has made and documented good faith efforts, including but not limited to the seeking of a court order, to prevent violations.

     c.     For all other violations of these sections, the penalties for such violations are: (i) for the first violation in any twelve (12) month period, one hundred dollars and no cents ($100.00), (ii) for the second violation in any twelve (12) month period, two hundred dollars and no cents ($200.00), and (iii) for the third violation and each subsequent violation in any twelve (12) month period, three hundred dollars and no cents ($300.00).

     d.     The enforcing person shall provide a person in violation with a written notice of the violation and fine.  If applicable, a copy of each notice of violation shall be sent to the person in violation's landlord and to the school, college, or university at which the person in violation is enrolled.

     All fines issued under these sections may be recovered by the noncriminal disposition procedures promulgated in G.L. c. 40, s. 21D, which procedures are incorporated herein by reference; provided, however, that if a person in violation fails to follow the procedures and requirements of G.L. c. 40, s. 21D, then the fine or fines shall be recovered by indictment or by complaint pursuant to G.L. c. 40, s. 41.

16-32.6     Violations; Fine Established.

     Any person violating any provision of the sections enumerated in subsection 16-32.4 hereof shall be punished by a fine of ten ($10.00) dollars for each offense except that the following so-enumerated sections shall carry the following for violations thereof; and not only the person actually doing the prohibited thing, but also his employer and every other person concerned in so doing shall be punished by such fine.

     Subsection 16-1.14     Three hundred ($300.00) dollars;

     Subsection 16-1.17     Fifty ($50.00) dollars;

     Subsection 16-1.19A     For the first violation in any twelve (12) month period: fifty ($50.00) dollars, for the second violation within twelve months of a prior violation: one hundred ($100.00) dollars, and, for the third or subsequent violation within twelve (12) months of a prior violation: two hundred ($200.00) dollars;

     Subsection 16-1.20     Fifty ($50.00) dollars, except where the material disposed of is in excess of one cubic yard, where the fine shall be three hundred ($300.00) dollars, and except that a violation of the terms of the first paragraph of subsection 16-1.20 shall carry a penalty of two hundred ($200.00) dollars;

     Subsection 16-1.20A     Fifty ($50.00) dollars, for the second or subsequent violation: two hundred ($200.00) dollars;

     Subsection 16-1.26     Two hundred ($200.00) dollars;

     Subsection 16-2.5     One hundred ($100.00) dollars;

     Subsection 16-4A     For the first violation in any twelve (12) month period: fifty  ($50.00) dollars, for the second or consequent violation: two hundred ($200.00) dollars;

     Subsection 16-8.1     Three hundred ($300.00) dollars;

     Subsection 16-12.2A     Fifty ($50.00) dollars, except that for the second violation  within twelve (12) months of a prior violation: one hundred ($100.00) dollars, and, for the third or subsequent violation  within twelve (12) months of a prior violation: two hundred ($200.00) dollars;

     Subsection 16-12.7      Fifteen ($15.00) dollars;

     Subsection 16-12.8      Twenty-five ($25.00) dollars;

     Subsection 16-12.10     Twenty-five ($25.00) dollars;

     Subsection 16-12.14      Fifty ($50.00) dollars;

     Subsection 16-12.17     Twenty-five ($25.00) dollars;

     Subsection 16-12.18     Fifty ($50.00) dollars;

     Subsection 16-12.19     Fifteen ($15.00) dollars;

     Subsection 16-23.1     Three hundred ($300.00) dollars;

     Subsection 16-23.3     Three hundred ($300.00) dollars;

     Any person under the age of thirty (30) who violates any of the foregoing provisions may, on application to, and approval by, the Judge hearing a complaint with respect to such violation, or any Judge of the Court to which the notice under G.L. Chapter 40, Section 21D is returnable (as the case may be) in lieu of paying such fine, perform such public service reasonably related to the violation as the Judge shall require and upon completion of such public work, the fine shall be reduced by five ($5.00) dollars for each such hour of service, to the extent of such fine.