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f ARTICLE 32.To see if the Town will vote to appropriate cluding any loud, unnecessary, excessive or
<br /> and transfer from the Revenue Available for Appropria- unusual noises in the operation of any radio,
<br /> tion Account, or any other available funds, the sum of phonograph,or other mechanical sound mak-
<br /> $30,000 into the Fire Wages Account, ing device, or reproducing device or instru-
<br /> Motion to accept as printed ment or in the playing of any band,orchestra,
<br /> Transfer from Revenue Available $30,000 musician or group of musicians, or the mak-
<br /> Motion carries — 8:52 P.M.
<br /> ing of loud outcries, exclamations or other
<br /> loud or boisterous noises or loud and
<br /> ARTICLE 33. To see if lite Town will vote and ap- boisterous singing by any person or group of
<br /> propriate and transfer from the Interest on Temporary persons,or in the use of any device to amplify
<br /> Loans Account, as voted in Article 56 of the 1987 An- the aforsaid noise, where the aforesaid noise
<br />' nual Town Meeting, $16,300 to purchase a new voice is plainly audible at a distance of one hundred
<br /> communication recording system for the Police,Fire and and fifty feet from the building, dwelling,
<br /> Civil Defense Departments, premises, shelter,boat or conveyance in which
<br /> it is produced.The fact that the noise is plain-
<br /> ly audible at a distance or one hundred fifty
<br /> Motion carries — 8:52 P.M.
<br /> feet from the premises from which it
<br /> originates shall constitute Prima Facie
<br /> ARTICLE 34.To see if the Town will vote to amend Ar- evidence of a violation of this By-Law. Any
<br /> ticle 4.5 of the Town By-Laws by deleting the present text person shall be deemed in violation of this By-
<br /> of Section 4.5.1 Excessive or Unusual Noises and replac- Law,who shall make,or aid,or cause,or suf-
<br /> ing same with the following: fer, or countenance, or assist in the making
<br /> SECTION 4.5.1 Anti-Noise Regulation of the aforesaid and described improper
<br /> a. It shall be unlawful for any person or per- noises,disturbance,breach of the peace, and
<br /> j sons occupying or having charge of any the presence of any person or persons in or
<br /> i buildings, dwellings, shelters, boat con- about the building, dwelling, premises,
<br /> veyance, motor vehicle, or premises or any shelter, boat, or conveyance or any part
<br /> part thereof in the Town, other than that sec- thereof during a violation of this By-Law shall
<br /> tion of any establishment licensed under constitute Prima Facie evidence that they are
<br /> Chapter 138 of the General Laws,to cause or a countenancer to such violation.
<br /> suffer to allow any unnecessary, loud, ex- C.Any person violating the provisions of this
<br /> i cessive or unusual noises in the operation of By-Law shall be punished by a fine of one
<br /> a radio, phonograph or other mechanical hundred ($100) dollars for each offense.
<br /> soundmaking device or instrument, or
<br /> reproducing device or instrument or in play-
<br /> ing of any band,orchestra,musician or group Motion to amend — As follows
<br /> of musicians, or in the use of and device to SECTION 4.5.1 Anti-Noise Regulation
<br /> amplify the aforsaid, or the making of loud a. It shall be unlawful for any person or per-
<br /> outcries, exclammations or other loud or sons occupying or having charge of any
<br /> boisterous noises or loud boisterous singing buildings, dwellings, shelters, boat con-
<br /> by any person or group of persons or in the veyance, motor vehicle, or premises or any
<br /> use of any device to amplify the aforesaid part thereof in the Town,other than that sec-
<br /> noise, where the noise is plainly audible ata tion of any establishment licensed under
<br /> distance of one hundred and fifty feet from Chapter 138 of the General Laws,to cause or
<br /> the building, structure, vehicle or premises suffer to allow any unnecessary, loud, ex-
<br /> in which or from which it is produced. The cessive or unusual noises in the operation of
<br /> fact that the noise is plainly audible ata a radio, phonograph or other mechanical
<br /> distance of one hundred and fifty feet from soundmaking device or instrument, or
<br /> the vehicle or premises from which it reproducing device or instrument or in play-
<br /> ' originates shall constitute Prima Facie ing of any band,orchestra,musician or group
<br /> evidence of a violation of thid By-Law.. of musicians, or in the use of and device to
<br /> b. It shall be unlawful for any person or per-
<br /> amplify the aforsaid, or the making of loud
<br /> sons being present in or about any.building, outcries, exclammations or other loud or
<br /> dwelling, premises, shelter, boat, vehicle, or boisterous noises or loud boisterous singing
<br /> conveyance or any part thereof, other than by any person or group of persons or in the
<br /> that section of any establishment licensed use of any device to amplify the aforesaid
<br /> under Chapter 138 of the General Laws,who, noise, where the noise is plainly audible at a
<br /> shall cause or suffer or countenance any loud, distance of one hundred and fifty feet from
<br /> unnecessary, excessive or unusual noises, in-
<br /> the building, structure, vehicle or premises
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