Framingham gears up to fight noise pollution July 21, 2018
Jim Haddadin 617-863-7144 Metrowest Daily News
FRAMINGHAM - The time has come for Framingham to silence the cacophony unfolding on its streets.

That was the message Tuesday from resident Steven Reiter, who asked the City Council to consider establishing new rules to curtail excessive noise.

Reiter presented councilors with a proposed noise ordinance, which would establish limits on the volume of activities in the city in hopes of safeguarding quality of life for residents.

"Noise pollution in all forms not only has the potential to be deleterious on our hearing, but also just has a general negative effect on the mental well-being of all of our citizens who are unable to maintain the quality of life that they desire," Reiter said.

In speaking with local law enforcement authorities, Reiter said he was told police in Framingham are currently powerless to address noise issues because the city lacks a noise ordinance.

"It's been conveyed to me that this is extremely frustrating by the rank and file," Reiter said.

Under the bylaw, noise would be capped at different thresholds during the morning and evening. From the hours of 8 a.m. to 6 p.m., it would set a maximum sound level of 55 decibels - about as loud as the background sounds of an urban residence, or a conversation taking place about 3 feet away.

The acceptable noise level would drop to 50 decibels in the early evening, and 45 decibels overnight. That's about as loud as hearing a soft whisper 5 feet away, according to information published by the U.S. Department of Labor.

The bylaw also describes the type of noise that would be deemed a nuisance, using specific examples, such as excessively loud radios, shouting and musical instruments. Emptying dumpsters at night, using landscaping tools after 8 p.m., and firing up a snow blower after 10 p.m. would also run afoul of the proposed rules.

Reiter's proposal also lays out separate criteria for how loud stationary sources of noise could be in different parts of the city. In areas zoned for manufacturing and industrial use, for example, the rules are more lenient, allowing HVAC systems, power generation facilities, industrial equipment, water or sewage pump stations and other equipment to operate at between 75 and 80 decibels.

Construction and demolition activity would also face limitations; they would be permissible only between 7 a.m. and 10 p.m., and would be prohibited on holidays, such as New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.

The city would be empowered to impose civil penalties or file misdemeanor criminal charges against violators. The bylaw proposes issuing a warning after the first offense, followed by fines of $100 and $300 for subsequent offenses. Framingham could also seek court orders to prohibit current and future noise.

In drafting the measure, Reiter said he examined noise rules in Natick, Ashland, Waltham, Marlborough, Malden, Worcester and Boston, and endeavored to think of "every possible noise nuisance." He also expanded his research nationwide, researching the outcome of legal challenges to noise ordinances and disturbing the peace laws in other communities.

With a task force currently examining the city's other nuisance bylaws, councilors voted Tuesday to send Reiter's proposal to the group, with instructions to ask them to research how to incorporate new noise regulations into the city's rules.

District 6 Councilor Mike Rossi said he wants to make sure the city gives Reiter's proposal serious consideration.

"A lot of research was put into this," Rossi said, "and I think that to just dismiss it out of hand would not be correct. I really do feel that it needs to be vetted. It needs to be evaluated, and the right activity needs to be put to the right place."

The current proposed noise ordinance that is being carefully crafted by our crafty councillors has this extraordinary statement in it.

Any other noise source else that would contribute to the avoidance of peace and good order and/or contribute to the hinderance of the receiving parties quality-of-life and pursuit of happiness.

This states that if you hear something that makes you unhappy, it is a serious violation of the noise ordinance.

There goes the First Amendment of the U.S. Constitution.

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