05.30.23 Administration Draft Amendment to sections 9-114 and 9-116 — File 23-0607

Sec. 9-114. - Noise control standard. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following: (1) The level of noise; (2) The time of day or night of noise; (3) Duration of noise; (4) Whether the noise is recurrent, intermittent, or constant; (5) Whether the nature of the noise is usual or unusual; (6) Whether the origin of the noise is natural or unnatural; (7) The level and intensity of the background noise, if any; (8) The proximity of noise to residential sleeping facilities; (9) The density of the inhabitation of the area within which the noise emanates; and (10) The nature of the zoning area within which the noise emanates;. and (11) For the advancement of public good, whether the noise is related to construction operations on City Capital Projects. Sec. 9-116 Noise disturbances. … (3) Construction. Unless otherwise authorized by the enforcing authority, based on consideration of the factors contained in section 9-114 of this chapter, the public convenience and consultation with the ward councilor, it shall be unlawful to: (a) Operate or permit the operation of the following machinery or activities before 7:00 a.m. and after 5:00 p.m. on weekdays, or anytime on Saturdays, Sundays, Massachusetts Legal Holidays (as published by the Secretary of the Commonwealth) and the day after Thanksgiving, such that the sound therefrom creates a noise disturbance. (1) Drilling rigs (2) Pile driving or impact hammer rigs (3) Blasting or explosive equipment of any kind. (4) Heavy-duty crushing machinery, including rock crushing equipment (5) Jack hammers (6) Concrete or masonry saws (7) Sand or abrasive blasting (b) Not including any machinery or activity identified in subsection A of this section 9- 116(3)(a), operate or permit the operation of any other tools, pile drivers, hammers or

equipment used in construction, drilling, demolition, or similar work, or otherwise conduct any related activity before 7:00 a.m. and after 7:00 p.m. on weekdays, or before 9:00 a.m. and after 7:00 p.m. on Saturdays, and the day after Thanksgiving and Christmas (unless such day falls on a Sunday), or anytime on Sundays and Massachusetts Legal Holidays (as published by the Secretary of the Commonwealth), such that the sound therefrom creates a noise disturbance.