New cemetery & revised noise bylaws

The Town Bylaw and Charter Review Committee has proposed one new bylaw for the Cemetery Commission and one bylaw change relating to noise for the annual town meeting warrant.  The former would give the Cemetery Commission the authority to enforce its existing no dogs regulation.   The latter would prohibit commercial noise generation from 9PM to 7AM, with home owners exempted.  The proposed language is below. –

Insert new Bylaw Chapter:

CHAPTER 115

CEMETERY AREAS

ARTICLE I Use of Cemetery Land and Facilities

• 115-1. Use and control of cemetery land and facilities

The Cemetery Commission is hereby authorized to promulgate written rules and regulations for the proper conduct of persons while on Town cemetery land and facilities under its control. Said Rules and regulations, once promulgated, shall be filed with the Town Clerk and posted in a conspicuous place in or at each Town cemetery facility under the Commission’s control to which the general public has access.

• 115-2. Violations and Penalties

Any person who engages in conduct prohibited by said rules and regulations and not otherwise prohibited by Massachusetts General Laws or these Bylaws shall be subject to a fine of $100 for the first offense, $200 for the second offence, $300 for the third offense and $300 fir each subsequent offense. In addition, repeated violations may result in suspension or termination of access privileges. The Cemetery Commission or its designee and the Medfield Police Department shall each have the authority to enforce the provisions of this Bylaw.

PROPOSED AMENDMENT

Chapter 180-NOISE

Strike the following sections:

• 180-3 §180-5 §180-7

Renumber the following sections:

Renumber: §180-4 to §180-3 Renumber: §180-6 to §180-4

Add the proposed following new language:

ARTICLE IV Prohibited Operations and Activities

• 180-5 Prohibited Noise

Except in the case of an emergency, the following commercial uses and activities, which are determined to generate or involve excessive and/or unreasonable noise, shall be prohibited between the hours of 9:00 p.m. and 7:00 a.m., unless otherwise authorized by rules or regulations adopted by the Board of Selectmen.

1. Operation of earthmoving or other heavy vehicles or equipment;
2. Start up or idling of any diesel-engine-equipped vehicle having a gross vehicle weight in
   excess of 15,000 pounds, or diesel-powered equipment;
3. Construction, demolition or alteration of any building or structure, including excavation and
   other site work;
4. Operation of any wood/brush chipper, pneumatic-powered equipment or tool, hammer,
   chainsaw, power mower, trimmer, blower or other construction, forestry or landscape equipment;

• 180-6 Exceptions

1. Exceptions. This Bylaw shall not apply to the following:

(i)       Snow removal; and

(ii)     Individual property owners personally performing regular maintenance on their residential property.

1. The Building Commissioner or his designee may grant a waiver from the foregoing
   prohibitions upon prior application, if he determines that good construction practice requires that
   the proposed work be performed during the prohibited time period.

ARTICLE V Enforcement and Penalties

• 180-7 Enforcement, Violations and Penalties

1. Whoever violates Chapter 180, Articles II-IV of this Bylaw shall be subject to the
   following fines:

(i)      $50 for the first offense;

(ii)      $ 100 for the second offense;

(iii)     $ 150 for the third offense; and

(iv)     $ 150 for each subsequent offense.

1. The Police Department, the Building Commissioner or designee shall each have authority
   to enforce the provisions of this section.