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 - April 3, 2019 at 7:15 p.m. Richard E. Mastrangelo Council Chamber, 2nd Floor

The Committee on Human Services and the Committee on Rules and Ordinances met on Wednesday, April 3 to continue the discussion of revisions to the Noise Ordinance (Chapter 95). The Councilors from the two Committees were present, as well as Larry Ramdin, Director of the Health Department, Council President Mark Sideris, District C Councilor Vincent Piccirilli, and members of the public. (See attached sign-in sheets.)

Chair Palomba called the meeting to order at 7:17 p.m. and invited those present to take copies of the available materials. (See attachments.) He also expressed thanks to attendees. He stated that Larry Ramdin, Director of Public Health, would first walk us through his presentation and then we would take up the present draft of the noise ordinance.

Director Ramdin presented his paper, “Sound or Noise Factors to Consider in Regulating Environmental Noise” (See attachment.) which addressed noise pollution, how noise is measured, the effects of noise on individuals, key issues that communities contend with when developing a noise ordinance, and examples from Somerville and Boston. He concluded that if the Town Council chooses to approve an ordinance with fixed noise limits that the departments that have primary jurisdiction over an activity should be empowered to enforce the ordinance. In response to a question about training and equipment, Mr. Ramdin explained that there is a one- to-two hour training for staff to be certified to use a noise analyzer. This piece of equipment costs about $300 and would need to be calibrated and certified.

Residents had very few questions for Mr. Ramdin. However, throughout the meeting, residents had both specific questions and general concerns about an updated noise ordinance (See the attached “Full Minutes April 3, 2019 Jt. Committee Noise Ordinance”.) Some of these were:

1) Can there be restriction of noise in industrial areas of Town that abut residential properties? 2) What can be done about noise from cars, particularly since music is now compressed to boost the base? 3) What can be done about vibrations from noise of a tenant? (It was noted that enforcement is often limited due to lack of equipment and that some situation require that the offended party seek civil action.) 4) Watertown should look to the noise ordinances from other cities and towns, particularly Newton, when revising our ordinance. 5) The Committees and the Council as a whole needs to recognize that Watertown has undergone significant change since the original noise ordinance was written in 1983. 6) The Committees have been provided information about noise standards, zones, dBA levels, absolutes, etc. as well as ordinances from other communities. 7) What can be done about leaf blowers? (It was noted that leaf blowers, like other maintenance equipment such as lawn mowers, are included in the original ordinance. However, a ban on leaf blowers would need to be a new referral.) 8) The noise at Victory Field needs to be addressed and the School Department and the Recreation Department should abide by the noise restrictions. (It was noted that with the encouragement of Councilor Piccirilli both the Departments have put into place new regulations and restrictions.) -2-

For the next hour or so, the Committees members engaged in a substantive discussion of the latest draft of the noise ordinance, specifically focusing on the restriction of noise pollution. Councilor Feltner expressed concern that the Committees should be looking at more than the hours restricting noise pollution and consider other items, such as absolutes, that had been raised by Councilors and residents at earlier meetings. During this period a number of motions were made, discussed, and voted on.

Councilor Palomba made a motion to amend the hours in Section (C) 1 from 7:00 a.m. to 8:00 p.m. to 7:00 a.m. to 7:00 p.m. Monday through Friday. Seconded by Councilor Falkoff. Voted 3 in Favor (Palomba, Falkoff, Bays), 2 Opposed (Donato and Woodland), 1 Present (Feltner). The motion carried.

Councilor Woodland noted that Robert’s Rules requires a majority vote and since the vote was 3-2-1, it does not pass. In response Councilor Falkoff made a motion to reconsider which was seconded by Councilor Feltner and passed 5 – 1 with Councilor Woodland opposed. Councilor Palomba repeated his motion to amend the hours in Section (C) 1, which was seconded by Councilor Falkoff and passed 4-2 with Councilors Donato and Woodland voting against the change.

Councilor Woodland noted that Robert’s Rules required that only those on the prevailing side of the 3-2-1 vote could call for reconsideration. In this case since the motion failed those who voted against the motion were on the prevailing side. Only Councilor Donato or he could call for reconsideration. Councilor Donato made a motion to reconsider the time changes in (C) 1 so that they read 7:00 a.m. to 7:00 p.m. Monday through Friday and 10:00 a.m. to 6:00 p.m. on Saturday. Councilor Palomba seconded the motion and it was approved 5 -1 with Councilor Woodland voting against the motion.

A discussion of the next section, Section (C) 2, resulted in no changes for loading and unloading, deliveries, and truck/vehicle idling. Councilor Donato noted that these issues come up during the planning and zoning review process when someone is applying for a special permit. Conditions of the permit regarding these issues would supersede the ordinance.

A discussion of the next section, Section (C) 3, resulted in no changes to the hours, but a request by Councilor Piccirilli to make this section consistent with other sections of the ordinance by including the words “legal holidays” after the words “Saturday and Sunday”. Councilor Palomba made that motion, it was seconded by Councilor Feltner and passed with 5 voting in Favor and Councilor Bays voting Present.

After a discussion of how best to proceed with a revision of the noise ordinance, Councilor Feltner made a motion that the Chairs of the two Committees meet with the Town Attorney to provide another updated draft noise ordinance to the Committees, which includes zones, absolutes, duration, levels, and times, as well as other items previously asked for from staff, such as lay language and charts. The motion was seconded by Councilor Bays and passed 5 to 1 with Councilor Woodland voting against the motion.

Councilor Palomba ended the meeting by expressing his appreciation to the members of the Committees, the residents, Captain Dupuis, and Mr. Ramdin. At 9:40 p.m., Councilor Falkoff made a motion to adjourn, which was seconded by Councilor Bays and passed 6-0.

The Committee Report was prepared by Councilor Palomba The Full Minutes of the Committee Meeting were prepared by Councilor Feltner.

Watertown Town Council Administration Building 149 Main Street Watertown, MA 02472 Phone: 617-972-6470

Joint Committee of Human Services with Rules and Ordinances Minutes of Wednesday, April 3, 2019 at 7:15 p.m. Richard E. Mastrangelo Council Chamber, 2nd Floor

Present: Councillors Anthony Palomba, HS chair, Anthony Donato, R&O chair; Caroline Bays, HS vice chair, Kenneth Woodland, R&O vice chair; Susan Falkoff, HS secretary, Lisa Feltner, R&O secretary.

Also present: Public Health Dir. Larry Ramdin, Council President Mark Sideris, Vice Pres. and District C Councillor Vincent Piccirilli, and members of the public; see attached Sign In Sheets.

Agenda: Continue Discussion of Revisions to the Noise Ordinance (Chapter 95)

Chair Palomba called the meeting to order at 7:17 pm with all six members present. He acknowledged that it’s very hard to get everyone together and he appreciates his colleagues for all coming together for this (fifth) meeting on making revisions to the Noise Ordinance. He invited those present to take copies of materials that were made available on the table. They included: *Sound or Noise, a presentation to be made tonight by current Health Dept. Director; *Materials from the last meeting (Feb 13) which include a draft summary by Councillor Feltner; a handout from Governor’s Councillor Devaney; materials from resident Susan Cooke, and from resident Dick O’Connor.

Palomba announced that the committee summary meeting minutes (of Feb. 13) is a draft –it will be submitted to Town Council in April and will need to approval by the full Council; the full 10 pages of minutes for that meeting will also be presented to the Town Council; the summary is distributed tonight to help give everyone a sense of where we are and not feel out of the picture.

Since the last committee meeting, Council has also received three emails: (1) from Elodia Thomas, copies of which are included here along with her emailed attachments; (2) from Steve Kennedy, and (3)an email from Susan Cooke. Also available is an email from Councillor Falkoff, and she has provided copies of a printed piece on leaf blowers. Palomba stated he felt it is important for folks to be able to see materials about noise that were shared between committee meetings.

Chair Palomba stated that Larry Ramdin, Dir. of Public Health would first walk us through his materials. Then we will take up the Noise Ordinance, of which there are copies provided here, although we didn’t make specific changes to it at our last meeting on February 13.

Palomba acknowledge that he received a lot of information from folks about regulations at Victory Field, and noise around Parks and Recreation; this can be specifically discussed through a new referral to the Committee on Human Services if folks are interested, but this will not be the focus of tonight’s meeting.

He also expressed thanks to attendees, who have turned out in a strong number. About 25 copies of materials were made for tonight and it looks like we may run out, so I appreciate everyone who is taking the time to be here tonight. I’m not going to rush this meeting; we will spend two hours on the issue tonight. If we don’t get it (the ordinance) done, we’ll come back again, but we’ll do our best here. Tonight’s discussion is also not specifically about banning leaf blowers.

Falkoff: I’m interested in setting limits on the amount of noise that leaf blowers can make, and during what hours. It’s not a ban on leaf blowers, but Newton lists types that are too noisy, etc. etc. and I think it’s relevant to the discussion of standards and decibel levels

Donato: I agree with you but I’m wondering if tonight is the time to address that, before looking at the most recent version of the ordinance.

Palomba: Let’s turn it over to Mr. Larry Ramdin, our Dir. of Public Health for his presentation.

Ramdin: Thank you Councillor Palomba, Town Council. I’ve put this short paper together, which provides information about noise and its impacts on humans. It does not delve into comparisons of other communities adjacent to Watertown, but others have provided that information at other meetings. I’ve looked at governmental information, peer-reviewed journals and scientific texts. There are WHO (World Health Organization) guidelines on community noise, that others have expressed concern about; the US Environmental Protection Agency decided they are not regulating noise after all under the Clean Air Act (1981); they decided that the regulation of noise and sound is best done by state and local governments. The only federal agency right now that is setting any standards is the Occupational Safety and Health Administration (OSHA) for occupational noise only. Some of us who had windows changed out for double panes, that have argon gas in the middle that create a vacuum, and they help dampen road traffic noise.

Every 10dB increase of noise doubles the noise impact. For example, 60dB with an increase of to 70dB, the level of noise at 60dB is doubled when it reaches 70dB. Pure tone is defined as a single frequency noise. Some communities have decided to add standards for that, but it is extremely challenging to measure and requires further scientific analysis once the measurements are taken. The DEP (Dept. of Environmental Protection) regulations include some exemptions for parades, public gatherings, sporting events for which permits have been issued, provided that such activities in one city or town do not cause noise in another city of town (so please don’t hold these events on town lines).

Regarding noise between 7am and 9pm, in Appendix 1 and 2 –they may seem arbitrary, but I did not decide times. I also include dB for the city of Boston, which places limits of 50dB, and from 11pm-7am, noise over that is considered unreasonable. Any noise above 70dB is considered unacceptable at any time, except for permitted construction in the city of Boston. The city of Somerville chart shows limits at 75dB in all districts, for less than 10 minutes; 70dB between 10min to2 hours, and in excess of two hours- not to exceed 60dB. I’ve only selected these two cities as examples.

The challenge is, where do we go from here? Town Council decides policy; my job is to enforce whatever you send my way. We can either stick with the status quo and the current regulations, or -many cities and towns close to us have adopted guidelines per WHO community guidelines. I would suggest, however that if we do go to fixed noise limits, departments that have primary jurisdiction over an activity, should be empowered to enforce the ordinance. For example, if there are road works taking place, then noise limits should be enforced by Dept. of Public Works and the Engineering Dept. Since Town Hall closes at 5 p.m., after 5 p.m. I would urge that the Police Dept. be empowered to enforce these regulations. Additionally, for sporting events and other public events at public parks, that the Recreation Dept. be allowed to enforce the regulations; the Building Dept. for construction activities. On page 7, I have included DEP’s CMR 7.10 and a copy of the interpretation of that regulation, which sets noise limits of 10dB above background; a list of my resources are listed at the end. Thank you.

Palomba: Thank you for the presentation. Questions from the Councillors?

2 Feltner: Thank you. On page 7, when you point out that perhaps different departments could have enforcement powers, do Somerville and Boston to your knowledge use different departments when it comes to enforcement?

Ramdin: I didn’t look into that, Councillor.

Palomba: Any other questions? Questions by the public?

Linda Helfet of Repton Place on Pleasant St: We live right at the Russo’s traffic light, and between the all- night working pedestrian lights, and the backup truck noises were going off constantly, our sleep is disturbed, even in the summer with the windows closed. Also the cars drive through, and that get stuck at the lights play blaring music. We would be very grateful if some kind of regulation could include that kind of noise.

Paula Halpin of Walnut St: Asked to explain if it’s possible to regulate noise in industrial neighborhoods, because they also abut residential properties.

Palomba: Asked about training and the use of, and availability of noise equipment.

Ramdin: A noise analyzer would cost about $300. We currently borrow it from DEP. We also have to have it calibrated and certified, as well as having that analyzer routinely measured against another standard. DEP’s northeast regional office is located in Tewksbury. It takes about one to two hours to complete the training; it is not expensive. The trainer can be the equipment manufacturer’s representative. Once staff has been trained, then they become certified to use that equipment.

Diane Appel: Is having ongoing issues with a neighbor who is using an amplification device that is causing medical harm to another tenant; under what ordinance would this be addressed? Because it’s about vibrations, not decibel-measured loudness.

Ramdin: Community Noise Standards, recommended by WHO (World Health Organization); I believe Somerville has included this in some of their regulations for apartments, but right now it is a civil issue, and we have been trying to address this along with the police department.

Steve Kennedy: Asked for more explanation on how this kind of noise is defined and if you can regulate it.

Ramdin: It is relative sound, so if you could measure it, say if it was 10dB over a limit of 50dB, then you could take action.

Donato: Asked if we could hear from Capt. Dupuis and the different ways in which police officers deal with noise complaints.

Capt. Dupuis: Explained that officer basically visit in person and use their judgment to determine if it’s too loud or not. Usually after 10 o’clock, we tell people to shut the noise off or turn it down to a reasonable level. We try to get everyone to cooperate, and even if the officer doesn’t think it’s that loud, he or she will still ask them to turn it down if it’s bothering the neighbor/s. We don’t have equipment to test sounds. We used to test mostly for our motorcycles, but I don’t think we have that piece of equipment anymore. We can make an arrest for disturbing the peace, and for a certain noise level that’s all we can do, but we usually gain people’s cooperation without having to make an arrest. Disorderly Conduct, that’s another level, that’s not a level of arrest for noise.

Palomba: Thank you. The Ordinance that we’re trying to amend here currently states that the “Board of Health shall be the primary enforcement agent of this chapter”. And 10dB over background noise is what is considered noise pollution. That’s what we’re focusing on here. 3

Russ Arrico of Fayette St: Suggested that we take advantage of the work Newton has done on their noise ordinance. As far as leaf blowers are concerned –we should look and see if it covers everything that’s important to us, and we should also get input from the landscapers, and do it over a reasonable period of time. Please take advantage of what Newton has given us here for free.

Dick O’Connor 81 Channing Rd: I wanted to speak to the previous concern about loud car music. It is caused by the audio processing of the original music, or the original CD, or the original download, as much as it is by the loudness of the noise. Since the 1980s, a lot of the popular music has been compressed in the studio to give it more punch, and the bass is boosted. So the visceral phenomenon in your gut is not due just to the loudness of the music, but also due to the processing of the original music in the studio. The trend before the 1980s was for natural sound, but now music is compressed and boosting of the bass happens a lot in the studio.

Elodia Thomas: Expressed concern about two things. Number one: The last ordinance was written in 1983; that is 36 years ago. Watertown has certainly changed in that time, and after the last meeting (Feb 13), I put information together that Councillor Feltner asked for, that included information about zones, standards and dBA levels. I sent this to all the Councillors. It concerns me that this information was not included as background information attached to the Agenda for this meeting. My second point: A key issue has been exceptions for the Rec. Dept. and the School Dept. It was stated earlier that the list of limitations or exceptions would be addressed at another meeting with Human Services. Finally, on the leaf blower issue: nobody is asking for a ban. People are asking for controls, and a higher standard of equipment. We are not trying to put people out of business, but there is better equipment, lower decibel level, electric options that are just better for the community as a whole.

Palomba: Let me say that I appreciate your concerns and I do apologize for not attaching your (Elodia’s) research to the posted Agenda. Tonight’s meeting was quickly posted after the Feb. 13 meeting, so I should have gone back to amend that with these materials we are sharing tonight, along with the draft Noise Ordinance again, which copies are also provided here on the table.

Steve Kennedy: Because it’s something that’s come up a lot and something I learned over the previous hearings: decibel limits in enforcement are really set up for situations where there’s a sound that happens at regular points, but this leaves a big hole for anything that isn’t regular, so it would be good to deal with situations that are apart from just measuring decibels.

Pres. Mark Sideris: Strongly suggests you close the public discussion at this point, and start taking up the ordinance. I would strongly suggest you start your committee deliberations on the ordinance, and then reopen discussion to the public afterward.

Feltner: In my mind, section (C) is where we left off, and this is focused on when noise is specifically allowed. This is where we got into the discussion that overall, we didn’t like the way the ordinance was written or laid out, that it is not friendly to the lay person, or average resident, or contractor, non-scientific person or non-legal reader. The Town Atty. confirmed this when he last met with us (in March 2018), that it is based on restricting noise at night, but not setting absolutes, or speaking to the intrusion of, or increased levels of noise during the day, as well as all these other details that we’ve discussed, including charts, etc. So I’m not sure if you want to only address times or hours in section (C).

Donato: I totally understand Councillor Feltner’s point, and I also prefer the Newton ordinance. I think it’s just a much clearer read.

Falkoff: Would like to plug in some numbers, so we can start a discussion.

4 Palomba: The current numbers/times of days came from the original ordinance, which is now 36 years old. As people have said, our community has grown, it has become noisier, and therefore maybe there needs to be some adjustment. What about a twelve-hour period, which allows construction to start at 7am and end at 7pm Mon-Fri; and on Sat 10am-6pm leave that as is.

Palomba: So just for number 1 (in Section C): Motion for 7am-7pm period on Mon-Fri, and a 10am- 6pm period on Saturday. Seconded by Falkoff. Discussion?

Woodland: It really needs to be made known how this time change is being made without knowledge as to how it’s going to affect the industry. We’ve asked staff for it but we don’t have the information.

Falkoff: It’s not for lacking of trying; we could ask again, but at some point we just need to move forward.

Palomba: Move to vote: All in favor=3 (Palomba, Falkoff, Bays); Opposed =2 (Donato and Woodland), Present=1 (Feltner). Motion passes.

Palomba: Next we’ll discuss times for Loading and Unloading, Vehicle Trucks and Idling: 7am-8pm M-F, Sat & Sun 10am-6pm. Discussion among Councillors?

Palomba: So we talked about zones. Would anyone like to make any changes on Number 2, under Noise Pollution, when it is allowed in town?

Woodland: Just noting something for the record. My reading of Robert’s Rules is that you need a majority vote. So 50-plus to support a motion, so for six of us here, you’d need four votes to –An abstention is not a yes or a no. So therefore the last vote we took, was 3-2-1, and you need more than three to pass it, so the last the last motion failed.

Donato: If I could interject here Councillor Palomba. I think these particular subject times of loading, and unloading and deliveries come up during planning and zoning review process, when someone is applying for a special permit. So I think this would be an overall default in Town –those conditions would supersede the ordinance.

Palomba: OK, then we’re leaving it, Number Two as is. 7am-8pm Mon-Fri, 10am-6pm Sat and Sun, for loading/unloading/deliveries/truck idling.

Falkoff: Point of order. I think, it pains me to say it, but I think Councillor Woodland is correct about the vote on number one. And if the vote failed, then what? Then no change? I’d like to make a motion to reconsider. Feltner seconded. 5-1 (Woodland: Opposed);

Palomba: Motion to change the times for Number 1 only, for 7am-7pm period on Mon-Fri, and a 10am-6pm period on Saturday. Seconded by Falkoff. 4-2 (Donato and Woodland: Opposed); motion passes.

Woodland: You need 2/3rd majority to vote to reconsider. Donato: I voted yes on the motion to reconsider; I wanted Councillor Feltner’s voice to be heard.

Palomba: The last item on the table, is Number Three: Power equipment, ground maintenance, by residents and commercial enterprises such as lawn mowers, leaf blowers and power saws. 7am- 8pm M-Fri, 10am-6pm Sat & Sun. Can we have some discussion of this issue?

Feltner: No change in hours proposed.

5

Piccrilli: Just two things -you may want to reconsider #3 to say Sat, Sun, and Holidays, because that paragraph (E) does not apply to that kind of lawn maintenance. Unless your intention is to prohibit people from mowing their lawns, or doing yard work on holidays.

Palomba: In number three, Motion to add the words “legal holidays” after Saturday and Sunday. It reads …10am to 6pm on Sat, Sun and Legal Holidays, since (E) does not include holidays. Seconded by Feltner. 5 in favor -1present (Present: Bays) Motion passes.

Woodland: Point of order; a motion to reconsider, which is what we just did after the 3-2-1 vote, that motion can only be made someone who was on the prevailing side. So in that case, the only two people who could make that motion, according to my reading of this, would be me or Councillor Donato, because we both voted against it. And it did not pass. So only one of us could make that motion for reconsideration.

Donato: Mr. Chair, I would like to bring a motion that we reconsider the time changes in C1 so that they read 7am to 7pm Mon through Fri, and 10am to 6pm on Saturday. Palomba seconded; Approved 5-1 (Woodland: opposed). Motion to reconsider passes.

Falkoff: I make a motion to change the times in Number 1, so that hours become 7am-7pm Mon through Fri; and 10am to 6pm on Saturday; Palomba seconded; 4 in favor -2 oppose (Donato & Woodland: opposed). Motion passes.

Palomba: I think I should work with the Health Director to provide an update draft ordinance to the committee.

Falkoff: I would include the Town Attorney.

Donato: I agree that the better choice would be to work with the Town Attorney.

Feltner: Thank you. I agree with Councillors Falkoff and Donato, and think the Joint Chairs of this committee meet with the Town Atty. and perhaps the Health Director, although he has made it clear that he is more about enforcement, not drafting policy. So between all the minutes and materials that we have received, we (the Committee) have provided policy guidance; we just haven’t gotten the Attorney to provide us with updated drafts to vote on, and craft this updated noise ordinance.

Woodland: We should just trust the chair to work with staff attorney to take all the materials and come back with a draft.

Feltner Motion: That both Joint co-chairs meet with the Town Atty. to provide another updated draft noise ordinance to the Committee, which includes zones, absolutes, duration, levels, and times, as well as other materials we previously asked for from staff, such as lay language and charts. Seconded by Bays. All in favor 5 in favor -1 opposed (Woodland: opposed). Motion passes.

Palomba: Councillor can you please explain what the opposition is for?

Woodland: Yes, it doesn’t need a vote, and it should have been done three meetings ago. So that’s probably why.

Piccrilli: Thank you, I know the hour is getting late; I would review consistency of language in recognizing legal holidays. But also about construction noise, the committee may want to consider contractors who need to perform work at night, and formalize what our current informal process does. Lastly, in looking at the definition of noise pollution, it’s not just measured at the property line. It has to be measured at the 6 property line, and at the person’s house, so both of those conditions need to be true in order for it to be considered Noise Pollution. I’m not sure if that’s the Committee’s intention. So there are two pieces to the definition.

Falkoff: I would suggest that the two chairs make a note of that as another issue.

Donato: Sorry to interrupt, so basically your point is, should that be an “and”, or should that be an “or” ?

Piccirilli: Yes, so that’s a policy decision for the committee to make. Do you want the noise to be at the house, or in the yard.

Palomba: OK, I’m going to do two things while you’re here, really quick, and that’s why I think many of you are here. In order to help Councillor Donato and I think through the next steps with the Attorney in terms of an ordinance, I’d like you to look at Exceptions in 95.05, on the third page in on the latest draft.

Falkoff: One thing I’d like you to talk with and ask the Town Atty. is whether that language is precise enough. Where it says “reasonable for the circumstances”, that feels open for to legal challenge to me.

Palomba: Any public comments?

Donato: Quickly, I think this is one of those changes that we weren’t exactly sure how it got in the draft.

Elodia Thomas: Yes, this was not discussed that last time; this is where the meeting broke down. I also sent you a memo with regard to these issues, which was responding to Mr. Magoon’s memo, to Mr. Centola’s memo, and to the Superintendent’s memo. This is way too vague. They’ve talked about two different sound levels, with no clarification. They talk about -I’ll read my comments because it’s really getting out of hand.

Palomba: Your comments were in response to Councillor Piccirilli’s Request for Information, if I remember correctly, right?

Elodia Thomas: Yes, that’s correct Tony. I commend that they are coming up with some kind of a policy for the students, and some regulation, but this is my comments: It is a positive step that the WPS is finally making a good faith effort to vet the music being played at athletic events. …Thank you for all your effort. On behalf of the Victory Field neighborhood, in my opinion, there’s more to be done [Applause].

Palomba: What we’re doing here in this ordinance is not discerning what’s going to happen at Victory Field. If there are exceptions to the ordinance, where they don’t have to abide by the regulations and the maximums that we’re going to develop, and the zones which we’re going to develop, then that would be built in, baked into the ordinance. But we’re not going to be trying to determine all the answers about what the School Committee and the Recreation Dept. in detail can, or can’t do. But we will address it in the exceptions.

Steve Kennedy: In terms of the limits you just placed on the scope of things you can think about, I should point out that the current regulation gives the Rec. and School departments no flexibility to violate the standards as far as I can tell. The moment you put in this exception, you open up the issue of Victory Field. I should also add that the things that are drafted here are incredibly vague.

Dick O’Connor: Thank you. Please forgive me if I read this, because I get up at these meetings, and I start to talk and I forget half of the things I meant to say. But I want to agree with the last two speakers … we know our police have better things to do than to be coming to our playgrounds all the time. Therefore we oppose any and all measures, regarding revisions of the noise ordinance, which would A. Absolve the school and recreation departments of their obligations to the community;

7 B Designate them as the sole agencies for determining what are, or what are not, acceptable noise levels on our fields and playgrounds, and when. And this B. is very important because I see a drift in that direction now; and C. This would place them above the law, to which the rest of us are subject. …. And we contend that successful town and school athletics have never been contingent upon disturbing or destroying the peace and contentment of our community. Nor should they now be. Thank you. [Applause].

Palomba: Two more, and then we’re going to close up. Go ahead, you haven’t spoken yet.

Madeline Reagan: I live at 10 Bemis Street, I live next to Moxley Park and I share all those concerns…As far as leaf blowers go, I moved from Arlington –so they restricted from November to March. And it was hotly contested, and it went to a vote, and the residents voted for it (the restrictions). Also...most of the time they just blow dirt across the street…There’s no need to have a clean street, with a leaf blower…thank you.

Palomba: Thank you. Yes ma’am. Just a second Russ, this woman hasn’t spoken yet. Ma’am?

Maria Stasinos: I’m coming from the building community and we have built in approximately fifteen to twenty towns, in and around Boston, including Boston. And I have never heard the noise level that I heard today at Victory, the park. Considering that my aunt is a neighbor of the park, and she just had a stroke not too long ago. The noise level was incredible. I was sitting in my car today for a half hour, and I could not believe the noise that was coming from that park.

Palomba: What kind of noise was it?

Maria Stasinos: It was incredible, the children outside, the yelling, people are coming by swearing- those are the teenagers. And you know, all this takes into consideration, in building: we build on Boston streets , we didn’t have, and that’s all –I mean restaurants, everything- these noise levels are incredible here. Something needs to be done here for the community.

Russ Arrico, Fayette St: First of all, the abutter of Victory Field that says there’s high school kids going by her home, acting up, using obscenities and everything else. I mean, that should never be tolerated...Now, getting back to the noise issue ok. I think it’s time that we invest in the town, in a decibel reader that records sounds. Just set it up, and basically if they don’t come within the guidelines, then all music at Victory Field needs to stop. We got to have accountability.

Elodia Thomas: Two things, I had the same problem, ma’am, when my mother was alive, when the varsity teams were going by…The Dean of Students took over, great guy, he’s not there anymore...He called me every couple of weeks to see if the behavior stopped. It did. The other thing: you keep referring to Parks and Recreation, but we don’t have a Parks and Recreation Commission … The 2014 neighborhood at Victory Field came up with all these options, and all these things that could be done to ameliorate the situation. None of them have been followed through on. We have been very pro-active in trying to work this out…

Susan Bryant-Folino (I haven’t been to any other meetings) of 28-30 Orchard St: On behalf of my mother Maria Folino and myself, and Maria Stasinos who came here to visit her aunt this evening. She is the woman that’s been building, her whole family has been in the building trades for, I would say for 40, 45 years. My mother couldn’t attend tonight, she just came out of the hospital I’m afraid. But I’m talking on behalf of my home, I’ve lived in my home for 62 years. I have never seen the worst, and the worst of it just gets worse – And I’m sick of the screaming, it’s not the music, it’s the screaming; it’s all day long, it’s all night long, and broken bottles, broken glass, broken windows. I think that’s very unfair to my family. I’ve been here too long next to the park; I want a beautiful park, everybody knows that here. I want beautiful trees, I want beautiful things, and I want kids to be respectful. They are not respectful. We have to form a committee on how they’re going to make it better. I’ll be there. I’ll be part of the committee if you want me to be. Elodia, 8 thank you very much. Thank you for listening. This is just the start of a conversation that we need. We need privacy and we don’t have that privacy.

Palomba: I want to thank everyone for attending. It was a very useful meeting. I want to thanks Councillor Woodland for his knowledge of Robert’s Rules. I want to thank the committee members for hanging in there with us. And I want to thank you all for attending. We’ll see what we can do. We’re going to come back again. There are some other things that we can do, once we get this ordinance redrafted, we’ll come back and have a meeting. We will also maybe make some motions about requesting, not requiring, but requesting the purchase of some equipment. The committee can weigh in on that, and see what the full Council wants to do with it. But we will come back to this, and we will work on this myself and with Councillor Donato with the Town Attorney. It will take us a couple of months, but we will work on it. In the meantime, I think Councillor Piccirilli is addressing some of your concerns with his continuing discussion with the School Committee and the Recreation Department. And if that doesn’t satisfy, then we’ll think about how we might do it again. Finally, thank you to Capt. Dupuis for sitting here, and I know he’s very concerned about the issues and I thank him for his attendance. And I really do express my thanks for all of you, everyone for hanging in there. It’s been a long meeting. Thank you very much.

9:42 p.m. Motion to adjourn by Falkoff. Feltner seconded, 6-0. ADJOURNMENT.

Respectfully submitted, Lisa Feltner

Attachments: Sign In Sheet; Working draft Noise Ordinance; “Sound or Noise” by L. Ramdin; Newton noise references flyer (2-sided); Draft Summary Minutes by Feltner of Feb 13, 2019 Joint Committee Meeting; “Noise Ordinance Regs” information and email from E. Thomas to Town Council on Feb 23, 2019.

9

DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS

Updated draft incorporating all decisions/votes of three Committee meetings – 2/12/19

§ 95.01 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 Ttown 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.

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 5 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.

§ 95.02 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 DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS

precautions cause, suffer, allow or permit unnecessary emissions from said source of sound that may cause noise pollution.

(B) Section 95.02(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.

(C) Audible devices or activities resulting in a condition of noise pollution shall be limited as follows: 1. construction or demolition and home improvement work undertaken by a commercial enterprise: 7:00 a.m. to 8:00 p.m. Monday through Friday; 10:00 a.m. to 6:00 p.m. Saturday 2. loading and unloading, deliveries, truck/vehicle idling: 7:00 a.m. to 8:00 p.m. Monday through Friday; 10:00 a.m. to 6:00 p.m. Saturdays and Sundays 3. power equipment, ground maintenance equipment used by residents or commercial enterprises such as lawn mowers, leaf blowers, and power saws 7:00 a.m. to 8:00 p.m. Monday through Friday; 10:00 a.m. to 6:00 p.m. Saturdays and Sundays 4. amplified sound: 7:00 a.m. to 8:00 p.m. Monday through Friday; 10:00 a.m. to 6:00 p.m. Saturdays and Sundays

(D) Activities undertaken within the hours specified herein shall be exempt from the limitation of noise contained within Section 95.03(C) except as otherwise provided herein.

(E) No commercial enterprise shall conduct any construction or demolition activity on Sundays or recognized State/Federal Holidays, 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.

(Ord. 6, passed 9-13-1983; Am. Ord. 14, passed 3-12-1996) Penalty, see § 95.99

§ 95.03 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 DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS

Noise Pollution Policy Interpretation; and DEQE (DEP) Division of Air Quality Control Policy 90- 001, dated February 1, 1990; all as may be amended.

(B) These regulations shall govern the definitions, measurement and restriction of sources of noise emission.

(C) For the purposes of this chapter, a CONDITION OF NOISE POLLUTION shall be a noise source which causes noise pollution as defined herein, as measured both at the property line and at the nearest inhabited residence.

§ 95.04 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. (Ord. 6, passed 9-13-1983)

§ 95.05 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) Any program or activity supervised by the parks and recreation department of the Town. The parks and recreation department shall make reasonable efforts to reduce noise in residential areas at nightNoise 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.

(C) Equipment used for emergency work performed by the Department of Public Works or its subcontractor including jack hammers, pavement breakers, pile drivers, rock drills, or such DRAFT CHANGES TO CHAPTER 95: NOISE REGULATIONS

other equipment as the DPW deems necessary. The DPW shall make reasonable efforts to reduce noise in residential areas at night.

(D) Day and nighttime operations by the Department of Public Works for routine maintenance including but not limited to snow removal, street cleaning, litter control, and graffiti removal.

§ 95.06 ENFORCEMENT.

(A) The Board of Health shall be the primary enforcement agency of the terms of this chapter. In addition, any police department or fire department official, Superintendent of Public Works or their designee, or Code Enforcement Officer or their designee, acting within their jurisdictional area is authorized to enforce this chapter. (Ord. 6, passed 9-13-1983)

(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

§ 95.07 PENALTY.

(A) Any person who violates any provision of this chapter, if convicted, 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. (Ord. 6, passed 9-13-1983) Noise Level Chart dBA Example Home & Yard Appliances Workshop & Construction 0 healthy hearing threshold

10 a pin dropping

20 rustling leaves

30 whisper

40 babbling brook computer

50 light traffic refrigerator

60 conversational speech air conditioner

70 shower dishwasher

75 toilet flushing vacuum cleaner

80 alarm clock garbage disposal

85 passing diesel truck snow blower

90 squeeze toy lawn mower arc welder

95 inside subway car food processor belt sander

100 motorcycle (riding) handheld drill

105 sporting event table saw

110 rock band jackhammer

115 emergency vehicle siren riveter

120 thunderclap oxygen torch

125 balloon popping

130 peak stadium crowd noise

135 air raid siren

140 jet engine at takeoff

145 firecracker

150 fighter jet launch

155 cap gun

160 shotgun

165 .357 magnum revolver

170 safety airbag

175 howitzer cannon

180 rocket launch

...

194 sound waves become shock waves

§ 20-14 NEWTON ORDINANCES —MISCELLANEOUS ORDINANCES § 20-22 (i) Permits for exemptions from this ordinance and for extensions of time to comply with this ARTICLE II. NOISE Sec. 20-13. Noise control. ordinance. (h) Restrictions on use of leaf blowers. Notwithstanding the provisions of sections 20-13 (f) (1) The mayor or his designee may grant a permit for any activity otherwise forbidden by the and (g), on or after January 1, 2017 no person, including any City employee or contractor, provisions of this ordinance upon a determination by the mayor or his designee that compliance in shall use or operate a leaf blower within the City of Newton from Memorial Day through Labor the conduct of such activity would cause undue hardship on the person or persons conducting Day in each year, except that one 65 dB(A) electric or battery powered leaf blower per lot may such activity or on the community, taking into account: (i) the extent of noise pollution caused by be used during this period. At all other times leaf blowers may be operated subject to the not requiring such compliance; and (ii) whether reasonable efforts have been made to abate the following provisions: noise. The mayor or his designee shall establish appropriate procedures for the processing of requests for such permits, including such hearings as the mayor or his designee deems appropri- (1) Permitted hours of use. Leaf blowers may be operated only during the following times: ate. In granting any such permit, the mayor or his designee may impose such appropriate Monday – Friday: 7:00 a.m. – 5:00 p.m., except that the City of Newton, through its Parks conditions as he deems necessary pursuant to this section. Copies of all such permits shall be and Recreation Department, shall be allowed to use leaf blowers prior to 7:00 a.m. for the filed with the clerk of the city council promptly after issuance. Promptly after issuance, copies of sole purpose of maintaining city village centers. all such permits shall be filed with the clerk of the city council and to each ward city councilor for the affected ward. Saturday: 8:00 a.m. – 5:00 p.m. (2) The mayor or his designee may extend to a specified date the time for compliance with this Sundays and legal holidays: prohibited except for operation by a resident of the property ordinance in the case of any particular activity with respect to which a determination is made that on which the leaf blower is operated between 9:30 a.m. and 5:00 p.m.; and except for such extension is necessary to provide a reasonable opportunity for such activity to be brought operation of leaf blowers on contiguous lots under single ownership that total a minimum into compliance. No such extension shall be granted which has the effect of exempting such of thirty acres used for institutional or recreational purposes between 9:30 a.m. and 12:00 activity from compliance with this ordinance. The mayor or his designee shall establish appropri- p.m. ate procedures for the processing of requests for such extensions of time, including such hearings (2) Only leaf blowers meeting the following criteria are permitted for use: as the mayor or his designee deems appropriate. A. L eaf blowers must be manufactured after January 1, 2005 for EPA Class 4 engines and (j) Judicial Review. Any person aggrieved by the grant or denial of a permit pursuant to subsection (h) after January 1, 2008 for EPA Class 5 engines; (1) or an extension of time pursuant to subsection (h)(2) may seek relief therefrom by a civil action in any court of competent jurisdiction as provided by the laws of the Commonwealth of B. Leaf blowers must bear an affixed manufacturer’s label indicating the model number of Massachusetts. the leaf blower; (k) Penalties. Violation of any of the provisions of this section shall constitute a misdemeanor and any C. Leaf blowers must bear an affixed manufacturer’s label documenting a noise rating of person, upon conviction of such violation, shall be fined an amount not to exceed three hundred 65 dB(A) or less; and dollars ($300.00). Each day that such violation continues shall be considered to be a separate D. Leaf blowers may only be used with any muffler, full extension tube and sound attenuat- offense. ing devices supplied by the manufacturer of the leaf blower. Non-factory modifications (l) Enforcement. The Newton Police Department and the Inspectional Services Department shall be are not permitted. responsible for enforcement of this ordinance. Each department shall document the disposition of all complaints by written report available to the public. The written report shall clearly indicate (3) During times of emergency caused by a storm or other special circumstance, the Mayor whether the complaint resulted in a warning or fine. If a warning or fine was not issued for a or his designee may temporarily suspend application of all or a portion of this section for complaint, the responding city employee shall clearly indicate the reason. purposes of cleaning up from such storm or other special circumstance. (m) Non-criminal disposition. In addition to the penalties set forth in subsection (j), where non-crimi- (4) The provisions of section 20-13 (i) shall not apply to leaf blower operation. nal disposition of specified sections of this ordinance by civil fine has been provided for in sections 17-22 and 17-23 of the Revised Ordinances, as amended, pursuant to the authority granted by G.L. c. 40, sec. 21D, said violations may be enforced in the manner provided in such statute. The civil penalty for each such violation is set out in Sections 17-23(c) and 17-23(d). (n) In the event the person in violation of section 20-13 (h) pertaining to leaf blower use is a contrac- tor, the property owner shall be notified of the violation and of any warning or other enforcement issued to the contractor. (o) Severability. If any provision(s) of this ordinance or the application of such provision(s) to any person or circumstances shall be held invalid, the validity of the remainder of this ordinance and the applicability of such provision to other persons or circumstances shall not be affected thereby. (Ord. No. R-331, 6-20-83; Ord. No. T-62, 12-4-89; Ord. No. T-200, 12-16-91; Ord. No. V-286, 3-6-00; Ord. Z-32, 7-14-08; Ord. No. Z-78, 02-22-11; Ord. No. Z-104, 04-02-12; Ord. No. A-100, 01-17-17)

Cross reference—Sounding warning devices on motor vehicles, § 19-72; noise by hawkers and peddlers, § 20-75. ::; - 8 3 - 6 C.Ouncilor Devaney .DER #6

ORDER AMENDING ORDINANCES OF THE TOWN OF WATERTOWN TO ADD ORDI NANCE PROHIBITNG UNNECESSARY NOISES

Be It Ordained By The Town Council Of The Town of Watertown: Chapter VIII of the Ordinanc~s .of the Town of Watertown is hereby amended by adding the following : ' SECTION 32. NOISE CONTROL ORDINANCE Section 1. Declaration of Findings ind Policy It is found and delcared that: a. The making and creation of loud, unnecessary or unusual noises within the limits of the Town of Watertown is a condition which has existed for some time and the extent and vol ume of such noises is increasing;

b . The making , creation or ma i ntenance of s uch louc , unnec essary, unnatural or unusual noises which are prolonged , unusual and unna t ural in their time, place, and use af fect and are a' detriment to public health, comf ort, conyenience, safety, welfare and pros perit y of t he residents .of the Town of Watertown; and

c . The necessity in the publi c interes t f or the pro­ visions and prohibitions hereinafter c onta ined a nd enac ted , is declared as a matter of legislati ve determina t i on and publi c po licy , and i t i s fur ther declared that the provisions and prohi bitions ...... ' hereinafter contained anc enacted ar e in purs uance of and f or the purpose of securing and promoting the pu~l~c h~alth, c omfort, convenience , safe ty , welfare, ar.d prosperity and the peace and quiet of the Town of Watertown and its inhabi t a nt s .

' . I Section 2. Scope

This ordinance 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 . Noncommercial public speaking and public assembly activities as guaranteed by state and federal constitutions.

c . Domestic equipment such as lawn mowers and power saws between the hours of 7: 00 A.M. and 9:00 P.M .

Section 3 . Duties .and Responsibilities of Town Departments

a . All town departments and agencies shall, to the fullest ex ~ent consistent with other laws, carry out their programs in such a mannei as to further the policy of this or dinance .

b. All t own departments and agencies shall compl y with Federal and State laws and regulations and

• Jl the provisions and intent of this ordinance I respecting the control and abatement of noise to the same extent that any person is subject to such laws and regulations .

, l. . .

-2- I noise levels 10 dB or more above the background no ise level. If the noise level is judged by ear to have a tonal sound, an increase of 5 dB above background noise level is sufficient to cause noise pollution.

Section 6. Enforcement a . The Board of Health shall be the primary enforcement agency of the terms of this ordinance. In addition, any police department or fire_department official or building inspector or his designee, acting within his jurisdictional area, is authorized to enforce this ordinance.

Section 7. Penalties

a. Any person who violates any provision of this ordinance, if convicted, shall be fined no ·less than fifty nor more than one hundred dollars for the f i rst off ense and not less than two hundred nor more than five hundred dollars for each succeeding offense .

b . · For the purposes of this ordinance, each subsequent day or part thereof of violation of such ordinance, whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense .

Section 8. Severabili t y If any s ectiorr of t his ordi~ance or t he application of such section to any pe rson or circums t ance shall be held i nvalid, the val idit y of the r emainder of t his ordinance and the applicability of such section to other persons or circumstances shall not be affected thereby.

- 4- 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 5 dB above background noise level is sufficient to cause noise pollution.

Section 6. Enforcement

a. The Board of Health shall be the primary enforcement agency of the terms of this ordinance. In addition, any police department or fire department official or building inspector or his designee, acting within his jurisdictional area, is authorized to enforce this ordinance.

Section 7. Penalties

a. Any person who violates any provision of this ordir.ance, if convicted, shall be fined no less than fifty nor more than one hundred dollars for the first offense and not less than two hundred nor more than five hundred dollars for each succeeding offense.

b. For the purposes of this ordinance, each subsequent day or part thereof of violation of such ordinance, whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense.

Section 8. Severability If any section of this ordinance or the application of such section to any person or circumstance shull be held invalid, the validity of the remainder of this ordinance and the applicability of such section t o other persons or circumstances shall not be affected thereby.

-4- //,//11¼1;& 11M/,_~

I certify that at a meeting at which a quorum was present, the above ordinance was adopted by the Town Council by a unanimo~s vote at their meeting of September 13, 1983.

. "l - • I • · ; • ,/ • • , /-:- .... . / . ~ I. ~ //. 7'° . -~ /i // .- ((,I (/ .I Y° 'Ji r- , , .< / ,~tf,L~ . ..,, Council Cler~- I Council President

; . Subject: Draft Changes to Chapter 95:Noise Regulations - Opposition to Exceptions for Recreation Department and School Department.

Here is a summary of my comments of Wednesday evening February 13, 2018 at the meeting of the Town Council's Committees on Human Services and Rules and Ordinances.

1. The programs of Watertown's School Department and Recreation Department should be subject to the to the same rules and regulations as every other citizen or group in the town. They should not be above the law nor excepted from the town's noise regulations.

2. Such programs under the aegis of and representing the Town of Watertown should be taught and model good citizenship which includes respect for the rights and comfort of others. Rather than just doing anything they please and ignoring the rights and comfort of others.

3. Because the town's Recreation Department has no direct citizen oversight committee (outside of what the Council is willing to provide) to direct its affairs and to which it is responsible, it should not be given carte blanche to further act in an unrestrained manner. Where previously for over 40 years a Recreation Commission acted in such an oversight capacity none has been appointed since 1995 or 1996.

4. Any request by the Recreation Department or the School Department to be excepted from the town's noise regulations mocks the fact that the noise nuisance in the last year has become a major problem in at least some of our parks, playgrounds, and on our athletic fields. As a long-time resident of the Victory Field neighborhood I can attest to the fact that the playing of loud amplified music at Victory Field - to the discomfort of hundreds of families living in the area - increased greatly during 2018 and the offenders are no longer just kids playing their car radios while parking or bringing their boom-boxes to the basketball court as in the part - but Watertown School Department teams playing and practicing on the all-weather field, visiting school teams competing with them, sports organizations from outside using the fields and facilities by permit, the summer early A.M. weekday soccer practice which I believe is a Recreation Department program, as well as at times casual users. Furthermore there seems to be little or no effort made by School and Recreation Department coaches and officials to prevent or contain such usage so it must fall to those of us who live in the neighborhood to intervene by speaking to offending users or by calling the Police Department.

While I don't think there is any objection at all to a little music used for brief ceremonial purposes or to accompany school cheerleader dance routines as has always been done I see the regular and continuous use of such loud amplified music for sporting events as well as sports practices as not only unnecessary but shockingly disrespectful of those who live in the communities where the offenders are allowed to practice and play as well as detrimental to the peace and quality of life in this town.

Respectfully,

Dick O'Connor 81 Channing Road

Thu, Mar 28, Stephen Kennedy [email protected] via watertown-ma.gov 5:25 PM to apalomba, cbays, sfalkoff, adonato, kwoodland, lfeltner, Vincent, Elodia

I would like to second Dick O’Connor’s eloquent statement about music in Victory Field. My specific concern is with amplified music in Victory Field Park, but I imagine users and neighbors of other parks may have similar concerns. I have two requests:

1) Limits on the Number Of Permitted Events With Amplified Music: I do not think that Town departments should have carte blanche to suspend noise regulations whenever they see fit. It seems to me that when the Town decides to locate a park or playing field in a residential neighborhood, it implicitly accepts the obligation to be a good neighbor. As with any neighbor, I accept having music for special occasions, but I also expect that these will be few and far between with some advance notice. This was the case for my first 20 years living next to Victory Field Park. There was an annual cancer walk, some sort of Greek Games event, and some event connected with graduation, as well as announcements during football games. Over the last five or six years, there have been repeated attempts to blare music at multiple times using either portable equipment or more recently the sound system for the football field. It has taken multiple meetings and/or complaints to curb these, not always successfully, even though they are in clear violation of the current noise ordinance.

Given this history, we cannot rely on the good graces of Town departments. I hope that the new noise ordinance will limit the use of amplified music for Town-sponsored events to no more than four occasions per calendar year in any park located in a residential area and that notice of these be published on the Town website at least two weeks before each event.

2) Banning Amplified Music In Parks By Individual Persons: The modern equivalents of boom boxes are much smaller than their predecessors but no less powerful, as are car stereos. It seems to me that when people broadcast music in public parks, they impose on all other park users and neighbors. Previous meetings have made it clear that decibel limits are not really designed to deal with these issues. Responding to complaints through decibel limits apparently requires that we know when the noise will occur and can arrange to have the equipment to measure it against ambient noise. I think it would be helpful to everyone if the noise ordinance simply outlawed amplified music in Watertown parks (apart from the permitted events discussed above) and required the Town to post notices to this effect in every park. Thank you for considering these issues. Susan Cooke Researcher on Stress in Cities Feb. 13,201.9 i .Jo~d C;; ,_.. ~l)

More Information on Noise and Health, & link to Guide to Buying Quiet Yard Tools

Article that Gives great Overview of Noise Effects on Health:

Sonic Doom: How Noise Pollution Kills Thousands Each Year h ttps:/ / www.tncguardi~ n,corn/1 i fea nd style / 201 8 /i ul/0 J / sonic-doom-noise­ poJ Iu~ion ~\

Susan's Blog: The Serene City www.thcserl'necity.com Latest Noise-related posts are near top, and include useful links to reference sites, and my guide to buying quieter non-polluting lawn care equiµrncnt, at the link below:

I) tt;p~.L.iwww.th~.s~_re_r)ecity._rom/ZO19 /02/06/a-gu ide-to-mostly-non-gJs- powered­ lawn-ca re-~ lljJ)Jnent-the-b~liJ.:J in,t-st~p1.owar_d-a-_qu i~~er-gree ncr-1c ss-_pol Iu t ed­ city/_ Be sure not to leave out the "the" in the-SereneCity, or you'll end up on a real estate site in India.)

SUMMARY OF SOME HEALTH EFFECTS OF NOISE: Heart disease, asthma and other lung diseases, diabetes, high blood pressure, anxiety, depression, slower learning in children, changes in blood chemistry, and any other illness that causes or is exacerbated by chronic stress (too many to mention here).

MORE STRESS-INDUCED UNHEALTHY CHANGES Added stress caused by nature deprivation and by isolation and lack of community caused by people staying inside, keeping windows shut, not trying to be near nature any longer, not attempting to plant or work in a garden, losing fitness due to lack of exercise and fresh air

·--> Successful quiet clean landscape company in Concord: I I EcoQuietLawncare

Loud Music in Stores and Restaurants This is happening here and in Great Britain too. Many Brits are desolate as they stop going to favorite pubs that are now painfully loud, losing the sense of cor:imu~ity pubs have always provided (as coffee shops often do here). They report 1_s~lat1on and depression, and now have an epidemic of loneli ness, and even an official Minister of Loneliness. Clearly we need to limit these noise levels to avoid further increases in stress, isolation, depression, and the suicides depression can lead to.

(Links on this issue you might want to look at: l}t_tps_:/ / www.vq;q;~Hp/ 2PJ8./4/1ijJl 7_ l_E~0_$SH/restay_r:ants-_n9is_e-levels-loud- \ g__c~J..P~.1~ and also

(ovv ) https_://ww_w,vQ;,c.i::o_n1/40J.SL1/18Jl 7_l_(;>_8501Lrn~tau rnn_t~=-n_oise-levels-loud­ decibels (says loneliness is worse for health than smoking 15 cigarettes per day)

Two Short Stories ofStress and Depression due to Noise Two examples of the real suffering that's going on due to noise, from people I know:

First, there's the woman who told friends in tears how she could not find one quiet half-hour in an entire weekend to bury her 15-year-old cat who had died.

Second is my neighbor the fighter pilot, who flew two missions in Afghanistan and became depressed because he could never experience the one de-stressor he craved deeply: dinner outside with his young family on their tiny balcony at 5 o'clock. Every time they tried there was a different yard clean-up team sounding like World War III, or a neighbor on his own balcony shouting on his phone. (FYI shouting activates our stress response because our brains tend to interpret it as danger.) My friend gave up hope of this ever changing, and that hopelessness left him even more depressed. I've heard many such stories, and the only reason you may not hear them is that such hopelessness makes people give up, and they just stop asking.

My experience I've felt the same despair and hopelessness of the abovementioned friends. Also, my husband was attacked in a noise dispute. Noise keeps me out of my own beloved garden now. I don't work in an office but am more isolated than I used to be, as one of those who must avoid most stores and restaurants now due to loud sound.

PR Campaign Along with stricter laws we might try a PR campaign to urge all individuals and businesses to limit all loud noise they make, so everyone gets more downtime from stress. We might use the words "kindness" and/or "empathy" in this effort. Some­ times I think people and businesses aren't aware of how much suffering they cause. Take the loud noise levels in stores and restaurants. It can be rather cruel, stressing many people (including returned vets and others with PTSD) through isolation, and putting them at risk for loneliness and depression. Requests that volume be lowered are often met with fierce hostility, when instead owners could simply turn it down and greatly help create more health in their communities.

We might also try a program many cities now use that helps us exchange gas­ powered tools for quieter cleaner ones. Such groups as Quiet Communities may be able to help us with this. We might encourage planting less grass and more plants, so leaves gather unnoticed at the base of the plants, serving as mulch over the winter, and less blowing and mowing is needed. We also remind people to reconsider using rakes and brooms.

Note: some electric yard equipment is also noisy, and even when decibels are lower, some sounds are still extremely stressful such as the shrill sound of string trimmers.

Watertown Town Council Joint Meeting of the Committee on Human Services & Rules and Ordinances June 25, 2018, 6:00 PM

In attendance were: Councilor Palomba, Chair of Human Services, Anthony Donato, Chair of Rules and Ordinances (R&O), Ken Woodland, R&O Vice Chair, Caroline Bays, Human Services Vice Chair, Susan Falkoff, Human Services Secretary, Lisa Feltner, R&O Secretary, Town Attorney March Reich, Town Council President Mark Sideris, Recreation Director Peter Centola, Health Department staff Deborah Rosati (Director), and Kristel Bennett, Captain DuPuis of the Police Department, Leo Martin, Conservation Commission Chair, Steve Magoon, Director of Community Development and planning and Assistant Town Manager, and members of the public as listed on the attached sign-in sheet.

The purpose of the meeting was to review a draft noise ordinance that had been crafted by Attorney Reich and Ms. Rosati using input from the last meeting of the joint committees. Councilor Donato distributed this document. Councilor Palomba chaired the meeting. There was some discussion about what version of the ordinance was being distributed. Councilor Palomba apologized for not making this revision available before the meeting. It was not a redlined document so the committees couldn’t tell what had been added or revised since the last version. Councilor Palomba said that we would go through the document noting all changes.

95.01 There were two changes to the definitions section: the addition of Amplified Sound and Tonal Sound. There was little disagreement on these definitions but there was lengthy discussion of the Noise Pollution standard of 10 decibel (dbl) or more above background. Some members of the audience favored an “absolute” standard. Daniel Isenberg said that is the case in other towns. Elodia Thomas pointed out that the state statute states 3, not 5 dbl above background constitutes noise pollution for tonal sounds. Ms. Thomas also pointed out that other communities look at the duration of a sound in conjunction with its dbl level and she provided the committee with copies of a Noise Level Chart (attached) that gives the dbl level for various kinds of noise. Gary Shaw pointed out that if the standard is 10 dbl above background, the level will escalate over time as Watertown becomes more built up. Leo Martin said that at construction sites, noise level is measured at peak and also as an average over 90 minutes.

The committees voted unanimously to recommend that the next draft of the ordinance change 5 to 3 in the Noise pollution definition, to conform with the state statute.

The committees voted 4-0 to and to ask the Health Department to provide more information to the committee on the issue of absolute vs relative noise standards and how other communities weigh hours/dbl level/duration of noise. Councilor Woodland voted No and Councilor Bays was not present for the vote.

95.02 Prohibition of Noise Pollution Councilor Woodland proposed changing the start time for allowable noise pollution on weekends from 10 am to 9am. Various other changes in the hours were proposed. At this point in the meeting, Attorney Reich startled the councilors and the audience by clarifying that the noise restrictions are only applicable during the hours when noise pollution is prohibited. During the hours when noise pollution is permitted, there is no limit as to the permissible level of noise beyond any state statutes. Councilor Feltner stated “We have a problem with noise pollution and it needs to be addressed.” Several comments were made to assess the effect of hour restrictions on companies needing to make noise in the course of doing business. Several people noted that the first 3 restrictions fit into that pattern but amplification was something different, a matter of personal choice perhaps, and wondered why this provision, which was not present in the previous draft, was inserted. Ms. Rosati and Atty Reich said it was added at the request of the committee. Councilor Woodland said he would like more data on how frequently noise complaints are made. Ms. Rosati said that the Health Department gets 6-8 calls per year, usually related to HVAC systems. Captain DuPuis said there are 4-6 calls per week, usually related to radios and pool parties in the summer. Councilor Woodland stated he believes this small number of complaints shows that no changes are needed to the ordinance. Councilor Palomba summarized the issue as, “We want to have a way to restrict noise but allow companies to do business.”

Councilors Feltner and Woodland requested more data on the usual business hours for various types of business. Attorney Reich said that he believes the intent of this referral was only to clarify and improve the current ordinance. He noted that if we make it a lot more complicated, the law will be harder to enforce and have more impact on business. Councilor Palomba stated that problems with enforcing should not be used as a reason not to make reasonable restrictions.

The committee made the following requests of town staff: • Provide more information on industry standards for normal work hours for the businesses identified in 95.02 • Provide a red-lined and a clean copy of the draft ordinance for our next meeting.

Councilor Palomba made a motion to delete #4 from section 95.02 since it did not seem comparable to the other three. It was noted that the committee had requested this and that the request stemmed from an incident of a church using a loud-speaker and not as a result of Recreation Department activities. Mr. Magoon stated that he wanted to public to know that Mr. Centola had nothing to do with adding #4 to the document.

The committee voted 5-0 to recommend that item #4 not be included in Section 95.02 of the noise ordinance.

Councilor Palomba ended the meeting by recognizing that this is Ms. Rosati’s last week working for the Town of Watertown and he thanked her for her hard work and her many contributions to the community.

The meeting adjourned at approximately 7:45 pm.

Respectfully submitted, Susan Falkoff, Human Services Secretary

Attachments: Attendance list Draft Changes to Chapter 95: Noise Regulation Noise Level chart

Next meeting date: July 16 at 6 PM.

Page 2 of 2

Noise Ordinance Regs: Zones, Standards, and dBA Levels

• Belmont - population 25,965 (2017); 4.7 square miles land area Noise Ordinance: https://ecode360.com/27111806

Excerpt from Article 6 Noise [Adopted as Art. 23 of 1981 Bylaws; amended 4-22-2002ATM, approved 8-30-2002} regarding zones, noise level, construction noise standards, maintenance noise standards, and exemptions. § 60-610. Designated noise zones. The properties hereinafter described are hereby assigned to the following noise zones: A. Noise Zone I: All residential properties and the grounds of any school, hospital or similar health care institution, house of worship or library while the same is in use, and any Cemetery or Open Space Subdistrict.

B. Noise Zone II: All other properties.

§ 60-615 Exterior Noise Standards.

A. It shall be unlawful for any person at any location within the area of 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:

(1) The maximum allowable exterior sound level outlined in Table I;

(2) Five dB over the background sound level.

Table I, Maximum Allowable Exterior Sound Level Noise Zone

Noise Daytime Level 7:00 a.m. to Nighttime Level 10:00 p.m. to Zone 10 p.m. 7:00 a.m.

l 55 dBA 45 dBA ll 65 dBA 60 dBA

B. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the background sound level can be determined, the measured sound level obtained while the source is in operation shall be compared directly to the maximum allowable exterior sound level outlined in Table I. 1 Noise Ordinance Regs: Zones, Standards, & dBA Levels 02/23/2019; ET

§ 60-620 Construction Noise Standards.

A. Noise associated with construction is permitted between 7:00 a.m. and 8:00 p.m. on weekdays and Saturdays provided the sound level from:

(1) Non-impact device does not exceed 70 dBA as measured over a time interval of 10 minutes with a sound-level meter set to Leq located on any other property, but at least 50 feet from the construction activity; and

(2) Impact device does not exceed 90 dBA as measured with a sound-level meter set to slow response located on any other property, but at least 50 feet from the construction activity.

B. Between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and Saturday, and at any time on Sunday or a legal holiday, noise associated with construction shall be limited by the standards of § 60-615.

§ 60-625 Maintenance Noise Standards. A. Noise associated with the following activities shall be exempted from the provisions of this bylaw: Noise associated with maintenance is permitted between 7:00 a.m. and 8:00 p.m. on weekdays and Saturdays and between the hours of 9:00 a.m. and 8:00 p.m. on Sunday, provided the sound level does not exceed 80 dBA as measured with a sound-level meter set to slow response on any other property, but at least 50 feet from the maintenance activity.

B. If it is not possible to make an accurate sound-level measurement at the specified distance of 50 feet, measurements made at an alternate distance can be used, if the level is recalculated for an equivalent expected sound level at 50 feet. Calculations shall be made in accordance with established engineering practices for noise measurement and assessment, including those established or recommended by the United States Environmental Protection Agency (USEPA).

C. Between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and Saturday, and between the hours of 8:00 p.m. and 9:00 a.m. on Sunday or a legal holiday, noise associated with maintenance shall be limited by the standards of § 60-615.

§ 60-630. Exemptions. Noise associated with the following activities shall be exempted from the provisions of this bylaw: A. Emergency work or emergency vehicles;

B. The operation of any vehicular alarm, provided it terminates within 15 minutes of the initially recorded complaint;

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C. Activities, other than construction, conducted in public parks and playgrounds, and on public or private school grounds so long as authorized by the appropriate jurisdiction, including but not limited to school athletic and school entertainment events;

D. Occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided said events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events;

E. Snow removal performed by snowblowers, snow throwers or snowplows when appropriately outfitted with a muffler; and

F. Any activity to the extent regulation thereof has been preempted by state or federal law.

Additional Info regarding oversight of activities: Please note that “the Belmont Recreation Commission is a nine-member body appointed by the Board of Selectmen. The Commission is charged with developing and maintaining programs that provide Town residents with an opportunity to participate in enjoyable activities during their leisure. Programs are selected, organized and staffed with the objective of providing appealing programs to satisfy the diverse interest of local citizens. The DPW Recreation Division provides staff support and day to day oversight of programs for the Commission.” [According to John Flynn. Town Clerk, Watertown has not had a Parks/Recreation Commission since the Home Rule Charter Change in 1980.]

• Boston - population 685,094 (2017); 48.28 square miles land area “The Boston Municipal Code sets the standard for noise that is unreasonable or excessive and sets regulations on what kind of noise levels are generally acceptable after certain hours: Anything louder than 50 decibels from 11 p.m. to 7 a.m. is considered unreasonable. Anything louder than 70 decibels is considered too much at any time, except for permitted construction.”

See 16-26 Unreasonable Noise: library.amlegal.com/nxt/gateway.dll/Massachusetts/boston/chapterxviprohibitionspenaltiesandperm it?f=templates$fn=default.htm$3.0$vid=amlegal:boston_ma$anc=JD_16-26

The Air Pollution Control Commission has developed regulations that apply to residential, business, and industrial districts. Our commission and the Boston police work together to enforce the rules on noise. If you have a complaint, you can report it to the appropriate authority. Regulations: https://www.cityofboston.gov/images_documents/noise_reg_tcm3-13127.pdf

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Boston has four Zoning Districts: Residential, Residential/Industrial, Business, and Industrial. The daytime standards apply from 7:00 AM to 6:00 PM daily except Sunday.

2.5 Zoning District Noise Standards Noise standards referred to in these Regulations for the several zoning districts of the City of Boston, as defined in and established pursuant to the Boston Zoning Code, are as established by the following table:

TABLE OF ZONING DISTRICT NOISE STANDARDS Maximum Allowable Octave Band Sound Pressure Levels Octave Band Center Residential Residential / Industrial Business Industrial Frequency of Measurement

(HZ) Daytime All Other Daytime All Other Anytime Anytime Times Times 31.5 76 68 79 72 79 83 63 75 67 78 71 78 82 125 69 61 73 65 73 77 250 62 52 68 57 68 73 500 56 46 62 51 62 67 1000 50 40 56 45 56 61 2000 45 33 51 39 51 57 4000 40 28 47 34 47 53 8000 38 26 44 32 44 50 Single Number 60 dBA 50 dBA 65 dBA 55 dBA 65 dBA 70 dBA Equivalent

REGULATION 3: Restrictions on Noise Emitted from Construction Sites 3.1 Except as provided for in Regulation 3.3 and 3.4, it shall be unlawful for any person to operate any construction device or devices on any construction site if the operation of such device or devices emits noise, measured at the lot line of the affected property, in excess of the values shown below:

Lot Use of Affected Property L10 Level Maximum Noise Level Residential or Institutional 75 dBA 86 dBA Business or Recreational 80 dBA - Industrial 85 dBA -

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The same level shall apply to any public way as applies to an industrial use. Measurements should not be taken closer than fifteen (15) meters (50 feet) from the nearest active construction device on the construction site. The maximum noise level shall be measured on the sound level meter on “Slow” response.

• Cambridge – 113,630 population (2017); 6.4 square miles land area Noise Ordinance: https://library.municode.com/ma/cambridge/codes/code_of_ordinances?nodeId=TIT8HESA_CH8.1 6NOCO&sea

Cambridge has four zones: Residential, Residential in Industrial, Commercial Area, and Industry Area. It’s Table of Zoning District Noise Standards is the same as Boston’s with Cambridge’s Commercial = Boston’s Business zone. The daytime standards apply from 7:00 AM to 6:00 PM daily except Sunday and holidays.

• Somerville - population 81,360 (2017); 4.1 square miles land area Noise Ordinance: www.nonoise.org/lawlib/cities/ordinances/Somerville,%20Massachusetts.pdf

Sec. 9-116. - Noise disturbances. Noise disturbances prohibited. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive.

(1) Air conditioners. It shall be unlawful for any person to maintain any refrigeration machinery or air conditioning, consisting of air compressors or rotating or reciprocating machinery, in such manner as to create a noise disturbance. (2) Animals and birds. Owning, possessing or harboring any animal or bird which creates a noise disturbance. (3) Construction. It shall be unlawful to operate or permit the operation of any tools, piledrivers, hammers, or equipment used in construction, drilling, or demolition work between the hours of 7:00 p.m. and 7:00 a.m., Monday through Saturday, and anytime on Sunday, such that the sound therefrom creates a noise disturbance. (4) Domestic power tools. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar device used outdoors in residential areas between the hours of 9:00 p.m. and 7:00 a.m. on weekdays, or between 9:00 p.m. and 9:00 a.m. on Saturdays, Sundays, and state and federal holidays so as to cause a noise disturbance. (5) Alarms. a. Sounding or permitting the sounding of any exterior burglar or alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within minutes of activation and does not sound again at all within the hour. 5 Noise Ordinance Regs: Zones, Standards, & dBA Levels 02/23/2019; ET

b. Each ten-minute interval of sounding, or part thereof, within an hour after the initial ten minute sounding shall constitute a separate violation. c. Fines for the sounding of burglar or fire alarms in violation of this section may be assessed against the owner or the occupant of the building in which the alarm is located. d. Any motor vehicle, located on either public or private property, whose alarm has been sounding in excess of ten minutes in an hour, is hereby deemed to be a public nuisance subject to immediate abatement. To effect abatement, police must have reasonable evidence that the sounding has lasted in excess of ten minutes, and then make reasonable efforts to contact the owner of such vehicle to either have the owner shut off the alarm or to authorize police to arrange for the shut-off of the alarm. If such efforts are unsuccessful, police are hereby authorized to abate the nuisance by arranging for tow company employees to shut off the alarm and/or to tow the motor vehicle to a storage area or other place of safety. In addition to any fines for violating this section, the registered owner of the motor vehicle shall be responsible for all reasonable expenses, costs and charges incurred by the deactivation of the alarm, and by the removal and storage of such vehicle. (6) Stationary nonemergency signaling device a. Sounding or permitting the sounding of any single from any bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than ten minutes in any hourly period. b. Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision. (7) Engine exhausts. The discharge into the open air within the city of the exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other kind or type of engine, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, provided that fines for such noise disturbance shall be provided for in G. L. c. 90, § 16.

(8) Explosives, firearms, and similar devices. The use or ring of explosives, rearms, firecrackers, or similar devices which create impulsive sound so as to cause a noise disturbance.

(9) Defect in vehicle or load. The use within the city of any wagon, cart, motor vehicle, truck, motorcycle, other vehicle, so out of repair or loaded in such manner or with material of such nature as to create loud and unnecessary grating, grinding, rattling or other noises.

(10) Horns and other signaling devices. The sounding of any horn or signaling device on any motor vehicle, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by

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hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. The use of sirens, except by authorized emergency vehicles, is prohibited.

(11) Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, dumpsters or similar objects between the hours of 7:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance. (12) Loudspeakers and public address system. Unless otherwise permitted by a duly authorized agent of the city, using or operating for any purpose any loudspeaker, public address system, or similar device (1) such that the sound therefrom creates a noise disturbance; or (2) between the hours of 10:00 p.m. and 7:00 a.m. (13) Radios, television sets, musical instruments, and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to create a noise disturbance. (14) Shouting. Shouting, yelling, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to create a noise disturbance. (15) Street sales. Offering for sale or selling anything by shouting or outcry within any residential or commercial area of the city, except in a stadium or sports arena. Ice cream trucks shall be exempt from this section. (16) Vehicle repairs and testing. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance. (17) Vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way.

(Ord. No. 2000-11, 11-22-2000; Ord.No.2016-13, 8-25-2016)

Sec. 9-117. - Noise levels.

It shall be unlawful to make, continue, or cause to be made or continued, any noise in excess of the noise levels set forth in subsection (1) unless such noise is reasonably necessary to the preservation of life, health, safety or property.

(1) Measurement of noise. Any activity, not expressly exempted by this section, which creates or produces sound, regardless of frequency, exceeding the ambient noise levels at the property 7 Noise Ordinance Regs: Zones, Standards, & dBA Levels 02/23/2019; ET

line of any property, or if a condominium or apartment house, within any adjoining apartment, above the ambient noise levels as designated in the following table, at the time and place and for the duration then mentioned, shall be deemed to be a violation of this article, but the following enumeration shall not be deemed to be exclusive:

Duration of Sound l ll lll 7 AM – 6 PM 6 PM -10 PM 10 PM – 7 AM (all districts) (residential districts) (residential districts) 6 PM -7 AM (all other districts) Less than 10 minutes 75 db 70 db 60 db Between 10 minutes 70 db 60 db 50 db and 2 hours On excess of 2 hours 60 db 50 db 40 db

(2) In determining whether a particular sound exceeds the maximum permissible sound level in the table set out in subsection (1): a. Sounds in excess of the residential district limitations as measured in a residential district are violations of this section whether the sound originates in a residential district or any other district. b. During all hours of Sundays and state and federal holidays, the maximum allowable decibel levels for residential districts are as set forth in column III of the table.

(3) Noise emanating from the operation of the following are exempt from the application of this section: a. Motor vehicles on a public highway; b. Outdoor implements such as power lawn mowers, power hedge clippers and power saws; c. Pile drivers, jackhammers and other construction equipment.

(4) 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:

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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

Applying the decibel scale to everyday, we find: Level Decibels Lethal Level 180 Rocket engine 150 Jet plane at takeoff Pain Threshold 120 Machine gun at close range 120 Pneumatic chipper 115 House party, 4 piece rock band 115 Jet airliner (500 ft. overhead) 111 Motorcycle 108 pneumatic hammer, 6 ft. away 107 Power mower 104 Walking near a helicopter Discomfort and Danger Area 102 Outboard motor 102 Outside, jet taking off at airport 100 Heavy automobile traffic or jet, aircraft passing overhead 100 Training stopping in station 100 150 cubic foot air compressor 98 Farm tractor 96 Pushing a power lawn mower 95 Subway train 95 At seat in subway, windows open 94 Inside a jet plane on take off 93 Food blender 92 Screaming child

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Hearing damage (8 hours) 90 Bus idling, heavy city noises 90 Niagara Fall at base, garbage disposal 88 Propeller aircraft flyover at 1,000 feet 86 Sports car running in street 85 Garbage truck, 200 ft. away 82 Traffic at a residential intersection Recommended Maximum Noise Level 75 Average traffic 75 Vacuum cleaner, dishwasher 70 Automobile, home air conditioner 60 Conversational speech 60 Large office 55 Window air conditioner 50 Quiet restaurant 45 Homes 40 Quiet office 35 Library 30-40 Refrigerator 30 Whispering 20 Leaves rustling in breeze 20 Broadcasting studio 10 Normal breathing 0 Audibility Threshold (level of weakest sound that can be heard by a young person with excellent hearing)

(ord. No 2000-11, 11-22, 2000)

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