6/20/2016 BOARD OF SELECTMEN Minutes

Home Browse Search

June 20, 2016 To: Mashpee Board of Selectmen From: Damon Crook 3 Mohican Avenue Mashpee, MA RE: Outdoor Entertainment Noise Levels, Dino's Sports Bar My wife, 5 year old son and I have been patrons to Dino's for the last 9 years. We usually eat there once a week as a treat for my son. We have spent a lot of money there. We have also supported various fund raising events that Dino has done recently and respect his positive activity within our community. Dino and his staff have always treated my family well when we have frequented his establishment. It's a great Pizza and Sports bar. That being said I am also Dino's neighbor in Mohican Avenue. For the last few years I have tolerated the loud music from the bar but recently the noise has got to the point where I cannot open a window or sit in my own yard without having loud cover bands playing until 10pm. It's loud enough that my young boy has trouble getting to sleep some nights. The music even goes through his baby monitor...... so it also becomes a safety issue in being able to hear him clearly at night. I am all for having live music at Dino's, but he does need to regulate his bands' actions. His bands are not performing at a huge stadium. They do not need to crank up their amplifiers for the customers on their deck. If your music can be heard through a building wall at 50 decibels when it's over 400 feet away then we clearly need a town noise ordinance in place to regulate such actions. A noise ordinance rule protects everyone in the town. Then once determined noise levels are broken, fines can be issued accordingly. Sandwich ordinance on noise is below. Section 3.55 Noise It shall be unlawful for any person or persons present or having charge of any building, premises, motor vehicle, boat or conveyance or any part thereof in the Town, other than that section of any establishment licensed under Chapter 138 of the General Laws, to cause or suffer to allow any unnecessary, loud, excessive or unusual noises in the operation of any mechanical or electronic sound- making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the aforesaid, or the making of loud outcries, exclamations or other loud or boisterous noises or loud or boisterous singing by any person or group of persons or in the use of any device to amplify the aforesaid noise, where such noise is plainly audible at a distance of one hundred fifty (150) feet from the building, premises, motor vehicle, boat or conveyance in or from which it originates and shall constitute prima facie evidence of a violation of this Bylaw. It shall be unlawful for any person or persons being in control of a motor vehicle to cause an unnecessary, loud, excessive, or unusual noise in the operation of such vehicle. It shall be unlawful for any person or persons present or having charge of any building, premises, motor vehicle, boat or conveyance or any part thereof, to construct or reconstruct any building, premises, motor vehicle, boat or conveyance or any part thereof, and cause or emit any sound or noise evident to an abutting property between the hours of 8:00 P.M. and 7:00 A.M. Any person violating this Bylaw shall be punished by a fine of not more than three hundred ($300.00) dollars for each offense.