Community Oriented Policing - Noise By Law Review

Noise By-law Amendment proposed for April 7, 2003 Town Meeting

February 2003. For many months, a group of citizens and police worked diligently on trying to develop solid, fair and acceptable alternatives to the current bylaw regarding the control of noise. The very work of this group goes to the heart of Community Oriented Policing and arriving at comfortable resolution for this topic lends great support to the concept of COP. The group was successful in terms of handling the issue with candor and dignity. Research into other municipalities produced voluminous documentation of the rules in those localities. The resulting proposal, thus, not only rely on the desires of the Provincetown people but also take into consideration the successful experiences of other places.

The COP Noise control working group featured a wide variety of community participants from homeowners to business people along with police. Simply stated, the premise for the work here was to allow for licensing exceptions of special events producing higher than usual noise levels balanced with the reasonable comfort expectations of all citizens. And enforcement by the police was to be tempered with the full understanding that this is a tourist town with all the noise producing events one might reasonably expect. Private parties, while not licensed, would be governed by similar understanding depending on circumstances and a balance with neighborhood requirements. The proposed article is reasonable and does not affect the bylaw in place except to provide a waiver for the special events and places control in the hands of the Licensing Board. The latter, as usual, makes decisions with input from police and others. The waiver is sensitive and ought to be successful.

Proposed Article. General By-law Amendment: Noise. To see if the Town will vote to amend the Provincetown General By-laws, §13-2-6 Excessive musical and other noise, by adding a new section 13-2-6-4, Waivers, to read as follows:
The Licensing Board may waive any part of this Noise Control bylaw for a temporary licensed public event if, in the judgment and discretion of the Licensing Board, the noise that the event will create in excess of the noise level limits established under the Noise Control bylaw is offset by the benefits of the event to the participants or the public and the noise of the event will not cause undue hardship or disturbance to the surrounding area. Events covered by this bylaw will not extend beyond midnight nor begin prior to 10 A.M. The Licensing Board can stipulate any time it deems appropriate within this time frame depending on the expected noise level and impact on surrounding area. Residential private parties limited to invitation only are not affected by this bylaw as they are not licensed by the Licensing Board. They are still governed as to noise or nuisance stipulations of these bylaws under 13-1-2 and 13-2-6. The Licensing Board may impose, on the grant of a temporary waiver, terms and conditions appropriate to reduce the impact of the noise level exception. An application for a temporary waiver shall be filed with the Town Clerk. The applicant shall certify that notice of such temporary waiver application has been provided to all properties contiguous, or likely to be affected by the event, to the property where the event will occur. The applicant must also place a notice in the local media advising of the request for waiver at least two weeks prior to any hearing on the waiver by the Licensing Board. The applicant shall further certify that the Police Department has been consulted with respect to the event and has approved as to form the application for a waiver with the understanding that once the event is in process, complaints could arise necessitating action on the part of the Police, i.e., immediate consultation with the applicant to ameliorate the sound conditions if the complaints are numerous and clearly justified in the discretionary opinion of the responding Police. The application for a temporary waiver affects all public events likely to produce sound levels that will affect the average person in a negative manner and in no instance will a waiver application be considered by the Licensing Board less than 60 days preceding any event. Applicants may receive more than one waiver in a year but the Licensing Board may recall any applications during the event year if complaints exceed the benefit to the public as determined by the Licensing Board as advised by the Police Department. The Licensing Board may suspend, modify or revoke any temporary waiver if it determines that an applicant has violated the terms or conditions of he waiver
or to take any other action relative thereto.

[Requested by the Board of Selectmen]

Thank you,
Ted Meyer
Chief of Police

Return to Police Department