§ 135-1104. Prohibited acts.

A. 

General prohibition of noise emissions. No person owning, leasing or controlling the operation of any source of noise shall willfully, negligently or through failure to provide necessary equipment or facilities or to take necessary precautions permit the establishment or continuation of a condition of noise pollution.

B. 

Specific prohibitions. Except for emergency work or work covered under a permit granted by the Board of Selectmen or its designee under this Article XI, causing or allowing the occurrence of the following acts is declared to be in violation of the provisions of this bylaw:

(1) 

Operating, playing or permitting the operation or playing of any radio, television, phonograph, musical instrument, sound amplifier, or similar device which produces, reproduces or amplifies sound in a manner that disturbs the peace, quiet and comfort of the neighboring inhabitants or at a volume louder than is necessary for the convenient hearing of the person in the room, vehicle, or building in which the device is operated. The operation of any such device between the hours of 10:00 p.m. and 7:00 a.m. on the weeknights and between 12:00 p.m. and 7:00 a.m. on weekend nights in a manner that makes it clearly audible at a distance of 50 feet or approximately 15 meters from the building, structure or vehicle in which it is located is a violation of the standards set forth in this bylaw. Activities open to the public for which a proper permit has been issued are exempted from this provision.

(2) 

Yelling, shouting, hooting, whistling or singing on the public ways between the hours of 10 p.m. and 7:00 a.m. or at any time or place that annoys or disturbs the quiet, comfort or repose of a person in an office, dwelling or other type of residence or of a person in the vicinity.

(3) 

The keeping of an animal or bird which frequently and for continued periods of time causes a condition of noise pollution that disturbs the comfort and repose of a reasonable person in the vicinity at any time but most specifically between the hours of 10 p.m. and 7:00 a.m.

(4) 

The offering for sale or selling of anything by shouting or outcry within a residential or commercial area of the Town of Braintree.

(5) 

The loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in a manner that causes a condition of noise pollution at any time but most specifically between the hours of 8:00 p.m. and 7:00 a.m. across a real property boundary in any district established under the Zoning Bylaw.

(6) 

Operating or permitting the operation of tools or equipment used in construction, drilling or demolition work between the hours of 8:00 p.m. and 7:00 a.m. on weekdays or at any time on Sundays or holidays so that the sound creates a condition of noise pollution across a real property boundary.

(7) 

The operation of construction devices between the hours of 7:00 a.m. and 8:00 p.m., including such items as compressors, jackhammers, bulldozers, cranes, etc., in a manner that causes a condition of noise pollution that could be avoided by the application of best available technology, which might include mufflers where commercially available.

(8) 

The direct discharge into the open air of the exhaust of a steam engine, internal combustion engine such as chain saws, jackhammers, etc., motor boat, or motor vehicle except through a muffler or other such device, where commercially available, designed to effectively prevent them from creating loud or explosive noises.

(9) 

Operating or permitting the operation of any device that creates or causes any ground vibration which is perceptible without instruments at any point outside the property, street or sidewalk on which the vibration source is located.