The text
Footnotes:
--- (3) --- Cross reference— Parks and recreation, Ch. 11; peddlers and solicitors, Ch. 12; streets, sidewalks and other public places, Ch. 17; traffic and motor vehicles, Ch. 20; zoning, App. A.
Sec. 10-51. - Loud noises restricted.#
Subject to the provisions of this article, the creating of any unreasonable loud, disturbing and unnecessary noise within the limits of the town is prohibited.
(Ch. 21, § 1, 6-2-69)
Cross reference— Hawking, shouting, etc., of peddlers and solicitors restricted, § 12-7.
Sec. 10-52. - Prohibited noise.#
Noise of such character, intensity or duration as to be detrimental to the life or health of any individual, or in disturbance of the public peace and welfare is prohibited.
(Ch. 21, § 2, 6-2-69)
Sec. 10-53. - Prohibited noises enumerated.#
(a)
Declaration of policy. It is hereby declared to be the policy of the Town of Hopkinton to prohibit excessive, unnecessary, and unreasonable noises that disturb the peace and comfort of the community.
(b)
Prohibited noises. The following acts are declared to be prohibited, loud, disturbing, and unnecessary noises in violation of this section. All prohibited noises listed herein shall not exceed a level of sixty-five (65) decibels (dBA) measured from a distance of two hundred (200) feet from the source:
(1)
Vehicle horns and signals: The unnecessary sounding of any vehicle horn or signal device unless used as a reasonable safety warning. Horns shall not be sounded continuously or repeatedly except in emergency situations.
(2)
Radios, televisions, sound equipment: The operation of any electronic or mechanical device producing sound, particularly between 10:00 p.m. and 7:00 a.m., in such a manner as to disturb the peace, quiet, and comfort of the residents or businesses.
(3)
Loud speaking and shouting: Yelling, shouting, singing, hooting, or whistling in public spaces, particularly between 10:00 p.m. and 7:00 a.m., so as to disturb the quiet, comfort, or repose of residents or businesses.
(4)
Motor vehicles: Operating or permitting the operation of any motor vehicle so out of repair or modified in such a manner that it creates loud and unnecessary noise, including the spinning of tires, rapid acceleration, or revving of engines unnecessarily.
(5)
Exhaust discharge: Operating any internal combustion engine without an effective muffler system to suppress excessive or explosive noises, including motor vehicles, motorcycles, motorboats, and stationary engines.
(6)
Construction and repair work: Conducting construction, excavation, demolition, repair, or maintenance work on buildings, structures, or projects between 8:00 p.m. and 7:00 a.m. weekdays, and 6:00 p.m. to 8:00 a.m. weekends and holidays, unless explicitly permitted by the town.
(7)
Loading and unloading: Creating excessive noise associated with loading, unloading, opening, or destruction of bales, boxes, crates, or other containers between 8:00 p.m. and 7:00 a.m. causing disturbance to nearby residences.
(8)
Advertising and attention devices: The use of drums, loudspeakers, or similar devices for attracting attention to businesses, entertainment venues, or public events in such a manner as to create excessive noise or disturbance, except as permitted by special town permit.
(9)
Noise near sensitive areas: Producing excessive noise adjacent to schools, churches, courts, medical facilities, convalescent homes, or similar institutions when they are in session or operation, thereby disrupting their activities.
(10)
Power tools and lawn and garden equipment: The use of power tools or lawn or garden equipment such as drills, saws, chain saws, lawnmowers, leaf blowers, and the like in such a manner as to disturb the peace, quiet and comfort of residents or businesses during the hours of 8:00 p.m. to 7:00 a.m.
(c)
Exceptions and permits. Exceptions to this section may be granted by the town council for special events, public safety, public works projects, or activities deemed beneficial or necessary for the community, provided that such exceptions clearly specify duration, hours, and conditions of permissible noise.
(1)
Special events. Exceptions to this noise ordinance may be granted by the town council for special events or activities. Authorization for such an event or activity may be obtained by applying for a license in accordance with chapter 3, amusements and entertainment, of the Town's Code of Ordinances.
(2)
Public activities. Exceptions may be granted by the town council on a non-emergency basis for public safety, public works projects, or similar activities deemed beneficial or necessary for the community. A request for such an exception shall be submitted in writing to the town clerk who shall forward it to the town manager, police chief, public works director and town council.
(3)
Emergency work. Work required immediately for the protection of public health, safety, or welfare, as determined by the town manager in consultation with the public works department and/or police department, shall not require a special permit.
(4)
Residential generators. The operation of residential generators during periods of inclement weather or power outages is exempt from this section.
(5)
Local businesses. Local businesses regularly engaged in the ordinary course of business in loading and unloading deliveries outside prohibited hours due to operational necessity are exempt, provided they take reasonable measures to minimize noise disturbances.
(d)
Penalties. Violations of this section shall result in a fine not exceeding one hundred dollars ($100.00) for a first offense, two hundred dollars ($200.00) for a second offense within one (1) year, and five hundred dollars ($500.00) for third and subsequent offenses within one (1) year. Each day a violation continues shall constitute a separate offense.
(e)
Enforcement. The Hopkinton Police Department and designated town officials shall enforce this section, utilizing calibrated decibel meters for accurate measurement and may issue citations for violations.
(f)
Severability. If any section, sentence, clause or phrase of this section or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this section or any part thereof.
(Ch. 21, § 3, 6-2-69; Ord. No. 25-04, 5-19-25)
Cross reference— Streets, sidewalks and other public places, Ch. 17; traffic and motor vehicles, Ch. 20.
Sec. 10-54. - Exceptions.#
None of the terms of prohibitions hereof shall apply to or be enforced against: (1)
Any vehicle of the state or town while engaged upon necessary public business.
(2)
Excavations or repairs of bridges, streets or highways by or on behalf of the town or the state, during the night season, when the public welfare and convenience renders it impossible to perform such work during the day.
(Ch. 21, § 4, 6-2-69)