HomeMy Public PortalAbout2019-07-02 - SUMMARY Noise Ordinance Committee Report Final Watertown Town Council
Joint Committee of Human Services and Rules and Ordinances
Committee on Rules and Ordinances-Councilor Donato, Chair, Councilor Woodland,Vice Chair,
Councilor Feltner, Secretary
Committee on Human Services—Councilor Palomba, Chair, Councilor Bays,Vice Chair,
Councilor Falkoff, Secretary
Committee Report—July 2, 2019 at 7:15 p.m.
Richard E. Mastrangelo Council Chamber, 2"d Floor
The Committee on Human Services and the Committee on Rules and Ordinances met on
Tuesday, July 2 to continue the discussion of revisions to the Noise Ordinance (Chapter 95).
The Councilors from the two Committees were present, as well as Steve Magoon, Assistant
Town Manager and Director of the Department of Community Development and Planning,
Council President Mark Sideris, District C Councilor Vincent Piccirilli, and members of the public.
(See attached sign-in sheet.)
This is a summary of the more extensive minutes, which were prepared by Anne Korte and are
attached.
Councilor Palomba announced that, in continuing the discussion regarding the revisions to
Chapter 95: Noise Regulations draft (June 10, 2019), the format would be as follows: The
ordinance would be discussed section by section. The audience would be given the opportunity
to comment on a section first and asked to keep their comments to one minute or less. Next,
the Councilors would discuss the section. Lastly, a vote, if necessary, would be taken
Councilor Palomba explained that he and Councilor Anthony Donato, Chair of the Rules and
Ordinances Committee, had revised the Chapter 95 draft to include comments and information
culled from Belmont and Newton noise ordinances. Upon agreeing on revisions, the draft was
sent to the Town's attorney for review. Minor changes were made. Copies of both a redlined
version of the original Chapter 95 draft and a version where all changes were included were
made available to meeting attendees. (These are attached.)
After a brief discussion of the Declaration of Findings and Policy section of the ordinance there
was an extensive discussion of the Definitions section. There were minor changes to the
definition of Noise Pollution and a rewrite of the definition of Tonal Sound. There was general
agreement with these changes and therefore there was no need for a formal vote by the
Committees.
The discussion of section Prohibition of Noise Pollution was both intense and extensive.
Members of the community and Committee members were concerned about the limited
nature of the section, the need for more detail, and the importance of clear language that
would make enforcement easier. There were two motions. Councilor Woodland made a
motion to remove Section B; Councilor Palomba seconded the motion. The motion passed 4-1-
1 with Councilor Bays voting "no" and Councilor Palomba voting "present". Councilor Donato
made a motion to include language from the Somerville ordinance, which would replace
Section B, subject to a review at a future meeting; Councilor Palomba seconded the motion.
The motion passed 5— 1 with Councilor Falkoff voting "no".
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Residents voiced concern about music being played on Victory Field and whether there should
be additional language in this section that would specifically prohibit music. It was noted that
the permits for use of the park do not allow music, though music is allowed by special
permission. A motion made by Councilor Palomba and seconded by Councilor Bays to include
the language prohibiting music without a permit from the appropriate department/authority
did not pass. The vote was 3 to 3 with Councilors Bays, Feltner, and Falkoff voting"yes" and
Councilor Donato, Woodland, and Palomba voting "no".
The meeting continued with a review of section, Measurement of Noise. There were two
suggestions made during the discussion. The first specified where a measurement of noise
should take place. It was agreed that D should read, "noise measurements shall be made, and
noise pollution determinations made at the property line of any property, or if a condominium
or apartment house, within any adjoining apartment". There was a motion to ask the
Administration to suggest a standardized measuring tool that is widely available to any
enforcing entity. The motion carried 6—0. It was noted that once such tool is determined it
would need to be defined and thus included in the Definitions section.
A discussion of the section, Designated Noise Zones included a motion to include additional
locations in Noise Zone 1 such as health centers, libraries, schools, hospitals and houses of
worship. However the motion was withdrawn. There was consensus to have Noise Zone 1
read, "All Residence Districts as defined by the Watertown Zoning Ordinance".
The Committee began a discussion of section, Noise Standards. There were suggestions from
residents and Committee members to modify A.1 and A.2 including increasing the levels by 10
dBA and adding durations to Table 1. The Committee agreed to amend A.2 to read, "10 dBA or
more above the background noise level or 3 dBA above background noise level for tonal
sounds".
Councilor Palomba and Councilor Donato will meet to revise the draft to include durations in
Table 1 in the Noise Standards section.
Councilor Bays made a motion to adjourn, Councilor Feltner seconded the motion and it was
passed 6-0. The meeting adjourned a 9:51 PM.
Watertown Town Council
Joint Meeting of the Committees on
Human Services and Rules and Ordinances
Richard E. Mastrangelo Council Chamber, Administration Building
Tuesday, July 2, 2019
7:00 p.m.
M I N U T E S
1. Call to Order
Town Councilor and Chair of the Human Services Committee, Anthony Palomba, called the
meeting to order at 7:00 p.m.
Councilor Palomba announced that, in continuing the discussion regarding the revisions to
Chapter 95: Noise Regulations draft (June 10, 2019), the format would be as follows: The
ordinance would be discussed by section. The audience would be given the opportunity to
comment on the section, and was asked to keep their comments to one minute or less.
Next, the councilors would discuss the section. Lastly, a vote, if necessary, would be taken
on the section under discussion.
An exception was made to allow Carly Vernon, Forest Street, a few minutes to speak.
Councilor Palomba explained that he and Councilor Anthony Donato, Chair of the Rules and
Ordinances Committee, had revised the Chapter 95 draft to include comments and
information culled from Belmont and Newton noise ordinances. Upon agreeing on
revisions, the draft was sent to the attorney for the Town of Watertown, for review. Minor
changes were made by the Town attorney. Copies of both a redlined version of the original
Chapter 95 draft and version were all changes were included were made available to
meeting attendees.
Councilor Lisa Feltner arrived at 7:08 p.m.
Committee members present: Human Services: Anthony Palomba (Chair), Caroline Bays
(Vice-Chair), Susan Falkoff(Secretary). Rules and Ordinances: Anthony Donato (Chair),
Kenneth Woodland (Vice-Chair), Lisa Feltner
In the audience: Mark Sideris (Council President), Vincent Piccirilli (Council Vice-President),
Steve Magoon (Assistant Town Manager/Director of Community Development & Planning),
and members of the public (see attached sign-in sheet).
1
The meeting was recorded by the Watertown Cable Access. Minutes were taken by Anne
Korte.
2. Continuance of Discussion Regarding Revisions to the Noise Ordinance
Carly Vernon (Forest Street) began to read a prepared statement regarding the inability
of some residents to attend Noise Ordinance meetings and suggested that a new
approach was needed in order to get a better sense of the constituents' viewpoints.
She also wanted to address Councilor Woodland directly and publicly regarding the
previous meeting, at which point Councilor Palomba interjected, stating that is a topic to
be discussed privately.
Councilor Palomba invited Councilor Donato to make an opening comment. Councilor
Donato thanked everyone for attending and expressed his belief that time will be better
spent listening to attendees comments.
95.01 Declaration of Findings and Policy
Libby Shaw (Templeton Parkway) comment, "Yeah" on this section.
Councilor Woodland commented that, since the councilors did not ask for this section to
be included, in the future, when revisions are being made, only changes that were
requested should be made.
Council Feltner questioned the phrase "excessive sound," but stated that she
appreciated the draft changes made to the section.
Councilor Palomba asked if the committee accepted the changes made. All were in
favor of accepting draft changes to 95.01.
95.02 Definitions
Major addition to this section is definition of "sound-level meter."
Councilor Piccirilli questioned the definition of "noise pollution" (page two, second
sentence) specifically as it pertains to a decrease from current level of 5 dB to 3clB listed
in definition. He wondered how sound would be evaluated and what activities would
become illegal under 3clB. Very important point; heart of the matter.
Councilor Woodland states that the change from 5clB to 3clB is consistent with state law;
Councilor Palomba agrees.
Libby Shaw (Templeton Parkway) asks why it is useful to define sound using two
different units of sound dB and dBA.
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Councilor Donato addresses Councilor Piccirilli's question, citing state law (2/1/90
Division of Air Quality Control Policy 310CMR7.10).
Sue-Ellen Hersh man-Tcherepnin (Russell Avenue) poses the question of tonal sound
definition and how non-tonal percussion sounds (i.e., hammering) are addressed.
Councilor Donato responds that one category is tonal and the other is everything else.
Councilor Piccirilli suggests a "tonal sound" definition to be in line with DEP language
that had previously been cited to avoid confusion with subjective language in definition.
Councilor Palomba responds that their intent was to simplify and keep definitions
understandable.
Elodia Thomas (Marion Road) states that the regulations need to be specific, including
how they will be enforced.
Councilor Donato reads the definition.
Marcia Ciro [not sure of spelling; not on sign-in sheet] suggests that Somerville's noise
regulations are long, but simple and clear.
Anne Marie Cloonan (Winthrop Street) comments that,judging off tonal sound
definition, sound cannot be measured from one person to the next.
Elodia Thomas (Marion Road) responds that sound is supposed to be measured at the
property line of the nearest abutter; missing from definition.
Councilor Palomba suggests amending definition of tonal sound and adding phrase
"measured at the nearest property line" in definition of noise pollution.
Councilor Falkoff agrees with Elodia's suggestion, adding "nearest property line."
Alex Czulak (Westminster Avenue), who is an acoustic engineer, explains frequency,
bands, dB, dBA, and the fact that the human ear is more sensitive to some sounds (dBA),
1-2khz.
Councilor Falkoff states that discussion of phone apps available versus expensive sound
level meter equipment should be included.
Councilor Bays adds that apps don't work well with weird tonal sounds.
Councilor Falkoff states that sound level meter should be defined as only one thing.
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Councilor Palomba states that the definition refers to what is in the ordinance. If an app
is added to the ordinance, then it will be added to the definition.
Elodia Thomas (Marion Road) states that sound level belongs in Enforcement section.
She has multiple apps on her phone to measure sound. She is angry because she has
been involved with regulating noise since 2015. If the Committee cannot get it done,
then a consultant should be hired to get it done.
Councilor Feltner adds that the word "vibration" is missing from the definition and she
believes that leads to confusion.
Councilor Palomba suggests 1) change to tonal sound definition, per Councilor Piccirilli,
and 2) noise pollution definition should include phrase "measured at the nearest
property line."
Councilor Woodland does not believe noise pollution definition needs to be changed, as
it is addressed in 95.04.
The councilors discuss including phrase "measured at the nearest property line" to
Noise Pollution definition. They decide not to add it after Councilor Woodland points
out that it will have a diminishing effect on another section.
Councilors agree to change tonal sound definition. The addition of phrase "measured at
the nearest property line" will be left as an open question.
95.03 Prohibition of Noise Pollution
Steve Kennedy (Marion Road, abutter) requests that a section (C) be added, prohibiting
amplified music without a permit from Recreation Department.
Libby Shaw (Templeton Parkway) does not like the excessive use of legalese, questions
definition of"suffer" (Section A), or the use of obscure language.
Marcia Ciro doesn't like vagueness of Section (B); prefers language similar to
Somerville's ordinance, listing sounds that violate ordinance.
Councilor Palomba states that their goal was to keep the language simple.
Elodia Thomas (Marion Road) refers to February 23, 2019 meeting, information that she
gathered/presented, and importance of using clear language, which would lead to
simple enforcement.
Steve Kennedy (Marion Road, abutter) says his understanding is that decibel levels
relate to disturbing the peace.
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Sue-Ellen Hershman-Tcherepnin (Russell Avenue) states that Section (B) reads "weird."
More specific language would be more helpful.
Councilor Falkoff agrees with Steve Kennedy on his statement regarding amplified
music, and would like to merge Somerville's language with 95.03(B).
Councilor Feltner is confused by phrase "prolonged unattended" in Section (B);
confusing to her.
Councilor Woodland states that no difference in wording will matter. Permits do not
allow amplified music.
Councilor Bays asks attended versus unattended sound, does it make a difference?
[Joke]
Councilor Donato states that the language in Section (B) were specific to prior meeting
comments and that no changes had been suggested at the last meeting, so the language
has not changed since the last meeting.
Councilor Falkoff agrees with Councilor Woodland's comment and suggests leaving
Section (A) and omitting Section (B).
Councilor Palomba poses suggestion to remove "suffer." Councilor Falkoff responds
yes; everyone else responds no.
Councilor Palomba makes a suggestion to eliminate Section (B) and replace with
Somerville language.
Libby Shaw (Templeton Parkway) states that the intent of the ordinance is to get relief
to citizens, and there needs to be clear language in order to honor that intent.
Councilor Woodland makes a motion to remove Section (B). Everyone is in favor, except
Councilor Bays. Councilor Palomba did not vote; he passed on it.
Councilor Palomba makes a motion to include the noise disturbances listed in the
Somerville noise ordinance, pp. 5-7.
Councilor Falkoff seconds the motion.
Councilor Donato asks if Councilor Palomba's motion would make Somerville language a
new 95.03(B). Councilor Palomba confirms.
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Councilor Feltner is in favor, but not verbatim. She is in favor of adding Somerville
language, but would like more discussion regarding hours, etc., and suggests a friendly
review by committee.
Councilor Donato expresses concern with detail of review.
Council Falkoff is accepting of general idea, but would like a review for relevancy.
Councilor Falkoff makes an amendment to include Somerville language, but to review it
before it is voted on by the Committee (at another time).
Councilor Palomba withdraws motion to remove Section (B).
Councilor Donato makes a motion to include list of 9-116 of Somerville language, subject
to review at a future meeting.
Councilor Palomba seconds the motion.
All in favor, except Councilor Falkoff.
Motion passes (5-1).
Councilor Palomba commences discussion of addition of Section (C) and discussion of
violation of sound ordinance.
Councilor Donato suggests that Somerville language addresses issue of loud music.
Elodia Thomas (Marion Road) states that signage is needed; signage prohibiting music.
Councilor Woodland states that music is already prohibited.
Russ Arrico (Fayette Street) Recreation Department issues field use permits, not permits
for excessive noise; not their authority. You would need a special permit from Town.
Elodia Thomas (Marion Road) states that nobody objects to special events, such as
football games, but loud music, boom boxes, etc., is noise pollution. Believes that
signage is needed.
Councilor Woodland states that he is not against signage, but it's a separate issue. Loud
music is already prohibited.
Anne Marie Cloonan (Winthrop Street) agrees with a lot of Elodia's comments. Signs are
good, but not the only answer. Enforcement is important.
6
Councilor Palomba makes a motion to add 95.03(C) that no one can play music without
a permit issued by the Recreation Department.
Councilor Bays seconds the motion.
Councilor Feltner questions the complete banning of music and asks to hear from Steve
Magoon.
Steve Magoon (Assistant Town Manager) interjects that park permits do not include
music. Music is allowed by special permission only.
Councilor Feltner suggested an amendment to the motion, that "appropriate
department/authority" replace "Department of Recreation." Councilor Falkoff
seconded the motion.
A vote was taken and the motion does not pass. Councilors Feltner, Falkoff, and Bays
voted yes and Councilors Woodland, Donato, and Palomba voted no.
95.04 Measurements of Noise
Councilor Piccirilli calls attention to language in last line of Section (D); you can't
determine noise pollution "at the property line and/or the nearest inhabited residence."
Advises that "nearest inhabited residence."
Marcia Ciro asks what constitutes the property line when it comes to big properties,
such as condos and apartment buildings.
Elodia Thomas (Marion Road) suggests noise level apps.
Councilor Donato suggests adding language for condos.
Councilor Palomba makes a motion to add language for condos. It is passed
unanimously.
Councilor Donato states that we need a standard measurement, not dueling apps.
Councilor Falkoff suggests using the sound level meter for tonal noises and apps for all
other noises.
Councilor Donato agrees with Councilor Falkoff.
Councilor Palomba states that the meter can do both things and suggests asking the
Director of Health about an app that can also be used.
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Council Palomba makes a motion to have the Administration suggested a standardized
measure tool which can be adopted for use and enforcement.
Councilor Falkoff suggests amending the motion to include a measuring tool that is
widely available to any enforcing entity.
Councilor Palomba asks the Committee if they accept the motion, as amended. All
respond yes. There is consensus.
Councilor Donato states that the information needs to be publicized to the community.
Councilor Woodland states that the definition should be amended when measuring tool
is determined.
Councilor Palomba makes a note to add to definition when measuring tool is
determined.
Councilor Donato makes a motion to add to the measuring tool definition, to include
standardized measuring tool approved by town administration.
Councilor Feltner suggests to take "equipment" out and replace with "technology."
Councilors all agree.
95.05 Designated Noise Zones
Councilor Piccirilli asks for clarification on residential only and special districts including
mixed use.
Councilor Falkoff refers to Belmont language regarding open space, which lists specific
examples.
Councilor Bays questions why open space language is important.
Council Falkoff asks whether open space should get special attention.
Councilor Feltner includes houses of worship (when in use).
Councilor Palomba suggests that Councilor Feltner makes a motion.
Councilor Feltner makes a motion Noise Zone 1 should include residential districts,
school grounds, cemeteries, and open space.
Councilor Palomba makes an amendment to include health centers, libraries, schools,
hospitals, and houses of worship.
8
Elodia Thomas (Marion Road) suggests that comparing Belmont and Watertown is not a
good comparison.
Steve Magoon (Assistant Town Manager) states that there is no need to overcomplicate
the issue.
Libby Shaw (Templeton Parkway) adds that it is a complicated issue, e.g., hospitals are
noisy.
Councilor Feltner withdraws the motion.
Councilor Donato suggests that it should read "All Residents Districts."
95.06 Noise Standards
Russ Arico (Fayette Street) states that 10:00 a.m. is too late to start work on weekends
(e.g., landscapers, contractors, etc.).
Anne Marie Cloonan (Winthrop Street) supports the posted time limits, especially with
all of the proposed and ongoing construction.
Steve Kennedy (Marion Road) states that he feels the standards have been relaxed.
Councilor Piccirilli points out discrepancy between Noise Pollution definition and Noise
Standard A (2).
Councilor Woodland suggests raising levels by 10 dB. He gives example of him and his
wife having dinner on their outdoor deck and that their normal conversation levels
would be in violation of the proposed standard.
Councilor Piccirilli acknowledges the law of unintended consequences.
Libby Shaw (Templeton Parkway) suggests a distinction of sounds.
Councilor Palomba gives a recap of 95.06 A (2) and suggests a change for consistency,
which is approved by all.
Councilor Feltner states that she is happy with the levels, as stated.
Councilor Donato expresses concern with abuse of violations; supports Councilor
Woodlands idea to increase max level by 10 dB.
Councilor Falkoff suggests that duration of sound matters. Duration, time, levels, and
zones.
9
Councilor Palomba acknowledges that he and Councilor Donato have more work to do
on the revision of the ordinance, and that they will consider adding duration to it.
Councilor Feltner states that duration, time, levels, and zones are what the committee
agreed to focus on.
Councilor Piccirilli states that five minute duration is the rule for ambient sound, not
noise pollution. He respectfully suggested that section 95.04 is a good place to define
noise pollution as duration.
Councilor Falkoff offers to look at 17 items from Somerville ordinance.
Councilor Donato thanks Councilor Falkoff for the offer, but states that he will do it.
Councilor Bays makes a motion to adjourn the meeting.
Councilor Feltner seconds the motion.
The meeting is adjourned at 9:51 p.m.
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS—MAY 1, 2019
§95.01 DECLARATION OF FINDINGS AND POLICY..
Whereas.excessive sound is a serious hazard to the public health and,.•^lfi;.^ safety.and the
quality of life;and
Whereas.a substantial bodv of science and technoloav exists addressing procedures by which
excessive sound may be substantially abated:and
Whereas.it is the intent of this Ordinance to address
a^^^40"^^^snt_frii frgm excessive sound that may ieopardize the4public health of
WP'f,�r^grand safety and protect OF the quality of
life in Watertown,•,•
Now therefore it is the policv of the Citv known as the Town of Watertown to 13FeveRtregulate
excessive noise wh6eh may i^ pardi7^`"^to protect public health and�•�^',�OF safety s
citizens.,..Jeerade the a almty of life.
§95.02 DEFINITIONS.
Ambient or Background Noise Level:the Noise measured in the absence of the Noise under
investigation.It shall be calculated using the average lowest sound pressure level measured
over a period of not less than five minutes using a sound pressure level meter set for slow
response on the"A"weighting filter in a specific area of the Town under investigation.
Amplified sound:sound generated by loudspeakers and public address systems,radios,
televisions,musical instruments,phonographs,musical instruments,sound amplifiers,or
similar devices which produce,reproduce,or amplify sound.
Construction and Demolition:Any site preparation,assembly erection,substantial repair,
alteration,destruction or similar action for public or private rights-of-way,structures,utilities,
or similar property.
Commercial enterprise:an activity providing goods and services involving financial and
commercial and industrial aspects,including operations undertaken pursuant to a building or
other operational permit or license.
Decibel(dB):a logarithmic unit used to describe a ratio of sound pressure,loudness,power,and
voltage.
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS—MAY 1, 2019
Decibel A"weighted scale(dBA):the most widely used sound level filter is the
"A"weighted scale.This filter simulates the average human hearing profile.Using the
"A"weighted scale,the meter is less sensitive to very low and high frequencies.
Emergencies:any occurrence or set of circumstances necessary to restore,preserve,protect or
save lives or property from imminent danger of loss or harm.
Noise:sound of sufficient intensity and/or duration as to cause a condition of noise pollution.
Noise Pollution:a noise source which increases noise levels 10 dB or more above the
background noise level. If the noise level is judged by ear to have a tonal sound,an increase of
3 dB above background noise level is sufficient to cause noise pollution.
Tonal Sound: Any sound that is judged by a listener to have the characteristics of a pure tone,
whine,hum,or buzz.
Sound-level meter:an instrument meeting American National Standard Institute's Standard
S1.4-1983 for Tvoe 1 or Tvoe 2 sound-level meters or an instrument and the associated
recording and analvzing equipment which will provide equivalent data.
§95.03-1 PROHIBITION OF NOISE POLLUTION.
(A)No person owning,leasing or controlling a source of sound shall willfully,negligently,or
through failure to provide necessary equipment,service,or maintenance or to take necessary
precautions cause,suffer,allow or permit unnecessary emissions from said source of sound
that may cause noise pollution.
(B)Section 95.032-(A)shall pertain to,but shall not be limited to,prolonged unattended
sounding of burglar alarms,construction and demolition equipment which characteristically
emit sound but which may be fitted and accommodated with equipment such as enclosures to
suppress sound or may be operated in a manner so as to suppress sound,suppressible and
preventable industrial and commercial sources of sound,and other man-made sounds that
cause noise.
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS—MAY 1, 2019
5 95.04 MEASUREMENTS OF NOISE
(A)The Town herebv incorporates into and makes a part of this chapter the provisions of 310
CMR 7.00,entitled Air Pollution Control Regulations,sec.7.10 U Noise:Massachusetts DEP
Noise Pollution Policv Interpretation:and DEQE (DEP)Division of Air Qualitv Control Policv 90-
001,dated February 1.1990:all as may be amended. To the extent anv provision contained in
anv of the above-referenced documents conflict in anv wav with a provision contained in this
chapter,the provision in this chapter shall control.
(B)These regulations shall govern the definitions,measurement and restriction of sources of
noise^^n°�npollution.
(C)All noise level measurements made pursuant to this chapter shall be made with a sound-
level meter.
(D)When the offending noise source is located in public spaces,noise measurements shall be
made at,and noise pollution determinations made in relation to,anv location a passerbv might
reasonablv occuov. When the offending noise source is located on private property,noise
measurements shall be made at,and noise pollution determinations made at the property line
and/or the nearest inhabited residence.
(E)If the offending noise source is continuous and cannot be reasonablve discontinued or
stopped for a time period wherebv the background sound level can be determined,the
measured sound level and noise pollution determination while the source is in operation shall
be compared directiv to the maximum allowable exterior sound level outlined in Table 1 below.
95.05 DESIGNATED NOISE ZONES.
The properties hereinafter described are herebv assigned to the following noise zones:
1. Noise Zone I:All Rr-esidential Districts as defined by the Watertown Zoning Ordinance:and
2. Noise Zone II:All other Zoning Districts(Business Districts,Industrial Districts and Special
Zoning Districts)as defined by the Watertown Zoning Ordinance.
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3
DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS—MAY 1, 2019
95.06 NOISE STANDARDS.
A.It shall be unlawful for anv person at anv location within the +ea—e 4e Town to create anv
loud noise,or to allow the creation of anv noise,on property owned,leased,occupied or
otherwise controlled by such person,which causes the sound level when measured on anv
other property to exceed the greater of:
(1) The maximum allowable exterior sound level outlined in Table I;or
(2)Three dB over the background sound level.
Table 1—Maximum Allowable Exterior Sound Level
Zone Davtime Level Nighttime Level
(7:00 a.m.to 10:00 p.m.) (10:00 p.m.to 7:00 a.m.)
1 55 dBA 45 dBA
2 65 dBA 60 dBA
(B)Notwithstanding the provisions of§95.03 and§95.06(A).-audible devices or activities
resulting in a condition of noise pollution shall be limited as follows:
1. Noise associated with construction or demolition and home improvement work
undertaken by a commercial enterprise is permitted between 7:00 a.m.andte
97:00 p.m.-on weekdays and tea;,�l rbt".F 4a-r;between 10:00 a.m.andte
6:00 p.m.on Saturdays,provided that the cumulative noise level of all
construction and demolition on one site at anv one time shall not exceed 90 dbA.
Further,no individual piece of equipment shall exceed a maximum noise level of
90 dbA. However,if noise barriers are used to effectively shield nearbv areas
from a condition of noise pollution,the following devices shall be exempt from
the maximum noise level limitations:iackhammers;pavement breakers;pile
drivers and rock drills.
2. Noise associated with loading and unloading,deliveries,truck/vehicle idling is
permitted between 7:00 a.m.andte 8:00 p.m.-on weekdays
F and between=10:00 a.m.andto 6:00 p.m.on weekends and legal
holidays.
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS—MAY 1, 2019
3. a. Noise associated with power equipment,ground maintenance equipment
used by residents or commercial enterprises such as lawn mowers_,leaf blower
and power saws is permitted between 7:00 a.m.and to 8:00 p.m.on weekdays
Menday through Friday;and between 10:00 a.m.andt9 6:00 p.m.on weekends
and legal holidays,provided that the cumulative noise level of all work on one
site at anv one time shall not exceed 80 dbA. Further,no individual piece of
equipment shall exceed a maximum noise level of 80 dbA.
b. Noise associated with power equipment and ground maintenance equipment
operated between the hours of 6:00 p.m.and 10:00 a.m.shall be limited by the
standards of Section 95.06(A)on all days.
4. Noise associated with leaf blowers is permitted on weekdays between 7:00 a.m.
and 5:00 p.m.,between 8:00 a.m.and 5:00 p.m.on Saturdays and between 9:30
a.m.and 5:00 p.m.on Sundays and legal holidays,provided said leaf blowers are
equipped with a muffler or sound attenuating device.
(C9)Activities undertaken within the hours specified herein shall be exempt from the limitation
of noise contained within Section 95.06-3(A6)except as otherwise provided herein.
(€D)No commercial enterprise shall conduct any construction or demolition activity on Sundays
or legal holidays or outside the hours specified in Section 95.06(B)(1)FeeegRized State�FedeFa'
#el}days,unless a permit has been issued for such work by the Building Inspector,
Superintendent of Public Works,or the Chief of Police in accordance with MGLA 136§15.
(QFGI c passed o 13 1993. Am nrd 14,passed 3 12 1996)PeRalt., „§95 99
§nc n3 MEASUREMENTS OF N01 ficl Commented[ADI]:see§95.04 above.
(A)The Tewn hereby ARd makes a paFt of this j4ptirth_
G NIIR nn Rt:t'P-d Air GE)R r„i o,,,ulat:ORS 10 i i NGiSe, nro
803,Batty;FcYrwery 1,19991•II
(Q)These thoN..a„ R the defiRitiGRS ..t ARd „f sources of
AW, tr/s CONDITION QP INIGISr PQI I I IT, N shall w2a r�ei3e se+�e
the nparwl Ps+d .ee.
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS—MAY 1, 2019
a 95 nn Ill ITICS A0 DCSDANUQII ITICf OFT OWN InconoTMENT*
Commented[AD2]:see§95.08 below.
laws,(A)All TewR departments and ageRcies shall,to the fi-ille-st L_-Xt1_-nt �.A.fith other
GaFFy ut the .n:-1rnt s to L-irther the 9liG of the Ghapte ir'if�.��h�ralnn�
All Tewn a'lwVff.iroms andageneies shall ply with[.deffal-and date IRW-;RAd
@hat.,.....,..t A f.. .,to th..samp xa Alt thst.191''., l bject to S Gh la Rd r l lat:.,..S
(Ord.v�pa$3ed 94:3 4993)
§95.07-EXCEPTIONS.
This chapter shall apply to the control of all sound originating within the limits of the Town of
Watertown except the following:
(A)The emission of sound for the purpose of alerting persons to the existence of an emergency
or to the emission of sound in the performance of emergency work or in training exercises
related to emergency activities.
(B)Noise from a sound system played during any activity sponsored by the Recreation
Department,School Department,or any like institution with a permit,if the noise played is
generally accepted during such activity,e.g.noise generated by an announcer during a football
game. Music played during a sporting activity or practice for such sporting activity sponsored
by the Recreation Department,School Department,or any like institution with a permit must
be reasonable for the circumstances and location so as not to unduly disturb the nearest
inhabited residence and must conform with all rules and regulations promulgated by such
Department or institutions.
(C)Parades,occasional outdoor gatherings,public dances,shows,soortina and entertainment
events,provided said events are conducted pursuant to a permit or license issued by the
appropriate authoritv with iurisdiction relative to the staging of said events.
(DC) Equipment used for emergency work performed by the Department of Public Works or its
subcontractor including jack hammers,pavement breakers,rock drills,or such other equipment
as the DPW deems necessary. The DPW shall make reasonable efforts to reduce noise in
residential areas at night.
(ED) Day and nighttime operations by the Department of Public Works for routine maintenance
including but not limited to SRE)W Femoval,street cleaning,litter control,and graffiti removal.
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS—MAY 1, 2019
(G)Snow removal performed by snowblowers,snow throwers or snowplows when
appropriately outfitted with a muffler:and
(H)Anv activitv to the extent regulation thereof has been preempted by state or federal law.
5 95.08 DUTIES AND RESPONSIBILITIES OF TOWN DEPARTMENTS.
(A)All Town departments and agencies shall,to the fullest extent consistent with other laws,
carry out their programs in such a manner as to further the policv of this chapter.
(B)All Town departments and agencies shall comply with Federal and State laws and
regulations and the provisions and intent of this ordinance respecting the control and
abatement of noise to the same extent that anv person is subiect to such laws and regulations.
§95.096 ENFORCEMENT.
(A)The Chief of Police and the Director of t4ePublic Rear e#Health stand their dulv
authorized agents,officers and emplovees shall have be the primary responsibility for the
enforcement agency of the terms of this chapter. In addition,aay-peiieed1,Qmmnt ar the
Chief of(Fire depaFtMeRt e4i6a4,Superintendent of Public Works,Building Inspector,Code
Enforcement Office or their dulv authorized agents,officers,emplovees or designees,erce-le
F_R. fe,-c.,..ent O fir-...„r their,I„S;..Ree acting within their jurisdictional area are+s authorized to
enforce this Chapter.(^"a c ..asse,ag 94 993)
(B)This Ordinance and any resulting Rules and Regulations may be enforced through any lawful
means in law or in equity,including,but not limited to,non-criminal disposition in accordance
with the provisions of G.L.c.40,§211)pursuant to Chapter 35,Section 35.05 of the Town Code
§95.10W PENALTY.
(A)Any person who violates any provision of this chapter after receiving a warning,of Ge ,;
shall be fined$50.00 for the first offense,$100.00 for the second offense,$200.00 for the third
and subsequent offenses.
(B)Each subsequent day or part thereof of violation of this chapter,whether the violation be
continuous or intermittent,shall be construed as a separate and succeeding offense. {8rd,
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS—MAY 1, 2019
§95.11 SEVERABILITY.
The invalidity of anv section or provision of this ordinance shall not invalidate anv other section
or provision hereof.
APPENDIX A
A GUIDE TO NOISE
The intensity of noise is measured in decibels(db). Its measurement is logarithmic,
which means that each decibel increase of ten,is a ten times increase in the level of noise:
130 is 10 times greater than 120
130 is 100 times greater than 110
A GUIDE TO THE NOISE INTENSITY
30 decibels is considered very quiet
50 decibels is considered moderately quiet
80 decibels is considered annoying
100 decibels is considered intolerable
140 decibels is considered threshold of pain
180 decibels is considered lethal
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS — MAY 1, 2019
§ 95.01 DECLARATION OF FINDINGS AND POLICY
Whereas, excessive sound is a serious hazard to the public health and safety, and the quality of
life; and
Whereas, a substantial body of science and technology exists addressing procedures by which
excessive sound may be substantially abated; and
Whereas, it is the intent of this Ordinance to address excessive sound that may jeopardize
public health and safety and protect the quality of life in Watertown.
Now therefore it is the policy of the City known as the Town of Watertown to regulate
excessive noise to protect public health and safety.
§ 95.02 DEFINITIONS.
Ambient or Background Noise Level: the Noise measured in the absence of the Noise under
investigation. It shall be calculated using the average lowest sound pressure level measured
over a period of not less than five minutes using a sound pressure level meter set for slow
response on the "A" weighting filter in a specific area of the Town under investigation.
Amplified sound: sound generated by loudspeakers and public address systems, radios,
televisions, musical instruments, phonographs, musical instruments, sound amplifiers, or
similar devices which produce, reproduce, or amplify sound.
Construction and Demolition: Any site preparation, assembly erection, substantial repair,
alteration, destruction or similar action for public or private rights-of-way, structures, utilities,
or similar property.
Commercial enterprise: an activity providing goods and services involving financial and
commercial and industrial aspects, including operations undertaken pursuant to a building or
other operational permit or license.
Decibel(dB): a logarithmic unit used to describe a ratio of sound pressure, loudness, power, and
voltage.
Decibel "A"weighted scale (dBA): the most widely used sound level filter is the
"A" weighted scale. This filter simulates the average human hearing profile. Using the
"A" weighted scale, the meter is less sensitive to very low and high frequencies.
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS — MAY 1, 2019
Emergencies: any occurrence or set of circumstances necessary to restore, preserve, protect or
save lives or property from imminent danger of loss or harm.
Noise: sound of sufficient intensity and/or duration as to cause a condition of noise pollution.
Noise Pollution: a noise source which increases noise levels 10 dB or more above the
background noise level. If the noise level is judged by ear to have a tonal sound, an increase of 3
dB above background noise level is sufficient to cause noise pollution.
Tonal Sound: Any sound that is judged by a listener to have the characteristics of a pure tone,
whine, hum, or buzz.
Sound-level meter: an instrument meeting American National Standard Institute's Standard
S1.4-1983 for Type 1 or Type 2 sound-level meters or an instrument and the associated
recording and analyzing equipment which will provide equivalent data.
§ 95.03 PROHIBITION OF NOISE POLLUTION.
(A) No person owning, leasing or controlling a source of sound shall willfully, negligently, or
through failure to provide necessary equipment, service, or maintenance or to take necessary
precautions cause, suffer, allow or permit unnecessary emissions from said source of sound
that may cause noise pollution.
(B) Section 95.03(A) shall pertain to, but shall not be limited to, prolonged unattended sounding
of burglar alarms, construction and demolition equipment which characteristically emit sound
but which may be fitted and accommodated with equipment such as enclosures to suppress
sound or may be operated in a manner so as to suppress sound, suppressible and preventable
industrial and commercial sources of sound, and other man-made sounds that cause noise.
§ 95.04 MEASUREMENTS OF NOISE(A)The Town hereby incorporates into and makes a part of
this chapter the provisions of 310 CMR 7.00, entitled Air Pollution Control Regulations, sec. 7.10
U Noise; Massachusetts DEP Noise Pollution Policy Interpretation; and DEQE (DEP) Division of
Air Quality Control Policy 90-001, dated February 1, 1990; all as may be amended. To the
extent any provision contained in any of the above-referenced documents conflict in any way
with a provision contained in this chapter, the provision in this chapter shall control.
(B) These regulations shall govern the definitions, measurement and restriction of sources of
noise pollution.
(C) All noise level measurements made pursuant to this chapter shall be made with a sound-
level meter.
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS — MAY 1, 2019
(D) When the offending noise source is located in public spaces, noise measurements shall be
made at, and noise pollution determinations made in relation to, any location a passerby might
reasonably occupy. When the offending noise source is located on private property, noise
measurements shall be made at, and noise pollution determinations made at the property line
and/or the nearest inhabited residence.
(E) If the offending noise source is continuous and cannot be reasonably discontinued or
stopped for a time period whereby the background sound level can be determined, the
measured sound level and noise pollution determination while the source is in operation shall
be compared directly to the maximum allowable exterior sound level outlined in Table 1 below.
95.05 DESIGNATED NOISE ZONES.
The properties hereinafter described are hereby assigned to the following noise zones:
1. Noise Zone I: All Residential Districts as defined by the Watertown Zoning Ordinance; and
2. Noise Zone II: All other Zoning Districts (Business Districts, Industrial Districts and Special
Zoning Districts) as defined by the Watertown Zoning Ordinance.
95.06 NOISE STANDARDS.
A. It shall be unlawful for any person at any location within the Town to create any loud noise,
or to allow the creation of any noise, on property owned, leased, occupied or otherwise
controlled by such person, which causes the sound level when measured on any other property
to exceed the greater of:
The maximum allowable exterior sound level outlined in Table I; or
(2) Three dB over the background sound level.
Table 1— Maximum Allowable Exterior Sound Level
Zone Daytime Level Nighttime Level
(7:00 a.m.to 10:00 p.m.) (10:00 p.m.to 7:00 a.m.)
1 55 dBA 45 dBA
2 65 dBA 60 dBA
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS — MAY 1, 2019
(B) Notwithstanding the provisions of§ 95.03 and § 95.06 (A), audible devices or activities
resulting in a condition of noise pollution shall be limited as follows:
1. Noise associated with construction or demolition and home improvement work
undertaken by a commercial enterprise is permitted between 7:00 a.m. and 7:00
p.m. on weekdays and between 10:00 a.m. and 6:00 p.m. on Saturdays,
provided that the cumulative noise level of all construction and demolition on
one site at any one time shall not exceed 90 dbA. Further, no individual piece of
equipment shall exceed a maximum noise level of 90 dbA. However, if noise
barriers are used to effectively shield nearby areas from a condition of noise
pollution, the following devices shall be exempt from the maximum noise level
limitations:jackhammers; pavement breakers; pile drivers and rock drills.
2. Noise associated with loading and unloading, deliveries, truck/vehicle idling is
permitted between 7:00 a.m. and 8:00 p.m. on weekdays and between 10:00
a.m. and 6:00 p.m. on weekends and legal holidays.
3. a. Noise associated with power equipment, ground maintenance equipment
used by residents or commercial enterprises such as lawn mowers and power
saws is permitted between 7:00 a.m. and 8:00 p.m. on weekdays and between
10:00 a.m. and 6:00 p.m. on weekends and legal holidays, provided that the
cumulative noise level of all work on one site at any one time shall not exceed 80
dbA. Further, no individual piece of equipment shall exceed a maximum noise
level of 80 dbA.
b. Noise associated with power equipment and ground maintenance equipment
operated between the hours of 6:00 p.m. and 10:00 a.m. shall be limited by the
standards of Section 95.06 (A) on all days.
4. Noise associated with leaf blowers is permitted on weekdays between 7:00 a.m.
and 5:00 p.m., between 8:00 a.m. and 5:00 p.m. on Saturdays and between 9:30
a.m. and 5:00 p.m. on Sundays and legal holidays, provided said leaf blowers are
equipped with a muffler or sound attenuating device.
(C) Activities undertaken within the hours specified herein shall be exempt from the limitation
of noise contained within Section 95.06(A) except as otherwise provided herein.
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS — MAY 1, 2019
(D) No commercial enterprise shall conduct any construction or demolition activity on Sundays
or legal holidays or outside the hours specified in Section 95.06(B)(1), unless a permit has been
issued for such work by the Building Inspector, Superintendent of Public Works, or the Chief of
Police in accordance with MGLA 136 § 15.
§ 95.07 EXCEPTIONS.
This chapter shall apply to the control of all sound originating within the limits of the Town of
Watertown except the following:
(A)The emission of sound for the purpose of alerting persons to the existence of an emergency
or to the emission of sound in the performance of emergency work or in training exercises
related to emergency activities.
(B) Noise from a sound system played during any activity sponsored by the Recreation
Department, School Department, or any like institution with a permit, if the noise played is
generally accepted during such activity, e.g. noise generated by an announcer during a football
game. Music played during a sporting activity or practice for such sporting activity sponsored
by the Recreation Department, School Department, or any like institution with a permit must
be reasonable for the circumstances and location so as not to unduly disturb the nearest
inhabited residence and must conform with all rules and regulations promulgated by such
Department or institution.
(C) Parades, occasional outdoor gatherings, public dances, shows, sporting and entertainment
events, provided said events are conducted pursuant to a permit or license issued by the
appropriate authority with jurisdiction relative to the staging of said events.
(D) Equipment used for emergency work performed by the Department of Public Works or its
subcontractor including jack hammers, pavement breakers, rock drills, or such other equipment
as the DPW deems necessary. The DPW shall make reasonable efforts to reduce noise in
residential areas at night.
(E) Day and nighttime operations by the Department of Public Works for routine maintenance
including but not limited to street cleaning, litter control, and graffiti removal.
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS — MAY 1, 2019
(G) Snow removal performed by snowblowers, snow throwers or snowplows when
appropriately outfitted with a muffler; and
(H) Any activity to the extent regulation thereof has been preempted by state or federal law.
§ 95.08 DUTIES AND RESPONSIBILITIES OF TOWN DEPARTMENTS.
(A) All Town departments and agencies shall, to the fullest extent consistent with other laws,
carry out their programs in such a manner as to further the policy of this chapter.
(B) All Town departments and agencies shall comply with Federal and State laws and
regulations and the provisions and intent of this ordinance respecting the control and
abatement of noise to the same extent that any person is subject to such laws and regulations.
§ 95.09 ENFORCEMENT.
(A)The Chief of Police and the Director of Public Health and their duly authorized agents,
officers and employees shall have primary responsibility for the enforcement of the terms of
this chapter. In addition, the Chief of Fire , Superintendent of Public Works, Building Inspector,
Code Enforcement Office or their duly authorized agents, officers, employees or designees, ,
acting within their jurisdictional area are authorized to enforce this chapter.
(B)This Ordinance and any resulting Rules and Regulations may be enforced through any lawful
means in law or in equity, including, but not limited to, non-criminal disposition in accordance
with the provisions of G.L. c. 40, §21D pursuant to Chapter 35, Section 35.05 of the Town Code
§ 95.10 PENALTY.
(A) Any person who violates any provision of this chapter after receiving a warning, shall be
fined $50.00 for the first offense, $100.00 for the second offense, $200.00 for the third and
subsequent offenses.
(B) Each subsequent day or part thereof of violation of this chapter, whether the violation be
continuous or intermittent, shall be construed as a separate and succeeding offense.
§ 95.11 SEVERABILITY.
The invalidity of any section or provision of this ordinance shall not invalidate any other section
or provision hereof.
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DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS — MAY 1, 2019
APPENDIX A
A GUIDE TO NOISE
The intensity of noise is measured in decibels (db). Its measurement is logarithmic,
which means that each decibel increase of ten, is a ten times increase in the level of noise:
130 is 10 times greater than 120
130 is 100 times greater than 110
A GUIDE TO THE NOISE INTENSITY
30 decibels is considered very quiet
50 decibels is considered moderately quiet
80 decibels is considered annoying
100 decibels is considered intolerable
140 decibels is considered threshold of pain
180 decibels is considered lethal
7