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Article 34
<br /> To see if the Town will vote to amend Article 4.5 of the Town By-Laws by deleting the
<br /> present text of Section 4.5.1 Excessive or Unusual Noises and replacing same with the following:
<br /> Section 4.5.1 Anti-Noise Regulation
<br /> a. It shall be unlawful for any person or persons occupying or having charge of any
<br /> buildings, dwellings, shelters, boat conveyance, motor vehicle, or premises or any part
<br /> thereof in the Town, other than that section of any establishment licensed under Chapter
<br /> 138 of the General Laws, to cause or suffer to allow any unnecessary,loud, excessive or
<br /> unusual noises in the operation of any radio, phonograph or other mechanical
<br /> soundmaking device or instrument or reproducing device or instrument or in the playing
<br /> of any band, orchestra, musician or group of musicians, or in the use of and device to
<br /> amplify the aforesaid, or the making of loud outcries, exclamations or other loud or
<br /> boisterous noises or loud and boisterous singing by any person or group of persons or in
<br /> the use of any device to amplify the aforesaid noise,where the noise is plainly audible at
<br /> a distance of one hundred and fifty feet from the building, structure, vehicle or premises
<br /> in which or from which it is produced. The fact that the noise is plainly audible at a
<br /> distance of one hundred and fifty feet from the vehicle or premises from which it
<br /> originates shall constitute Prima Facie evidence of a violation of this By-Law.
<br /> b. It shall be unlawful for any person or persons being present in or about any building,
<br /> dwelling, premises, shelter, boat, vehicle, or conveyance or any part thereof, other than
<br /> Ahat section of any establishment licensed under Chapter 138 of the General Laws,who,
<br /> shall cause or suffer or countenance any loud, unnecessary, excessive or unusual noises,
<br /> including any loud, unnecessary, excessive or unusual noises in the operation of any
<br /> radio,phonograph, or other mechanical sound making device, or reproducing device or
<br /> histrimient or in the playing of any band, orchestra, musician or group of musicians, or
<br /> the making of loud outcries, exclamations or other loud or boisterous noises or loud and
<br /> boisterous singing by any person or group of persons, or in the use of any device to
<br /> amplify the aforesaid noise,where the aforesaid noise is plainly audible at a distance of
<br /> one hundred and fifty feet from the building, dwelling, premises, shelter, boat or
<br /> conveyance in which it is produced. The fact that the noise is plainly audible at a distance
<br /> or one hundred and fft feet from the premises from which it originates shall constitute
<br /> Prima Facie evidence of a violation of this By-Law. Any person shall be deemed in
<br /> violation of this By-Law,who shall make, or aid, or cause, or suffer, or countenance, or
<br /> assist in the making of the aforesaid and described improper noises, disturbance, breach
<br /> of the peace, and the presence of any person or persons in or about the building,
<br /> dwelling, premises, shelter, boat, or conveyance or any part thereof during a violation of
<br /> this By-Law shall constitute Prima Facie evidence that they are a countenancer to such
<br /> violation.
<br /> c. Any person violating the provisions of this By-Law shall be punished by a fine of one
<br /> hundred($100)dollars for each offense.
<br /> Motion to amend. . . . . .follows
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