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January 18th, 2008
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Deadline for proposed noise ordinance extended
By Ken Powers Community Reporter

Westborough - In an eff ort to receive more feedback from the community, the Board of Selectmen has extended the period for accepting public comments regarding a proposed noise ordinance to Tuesday Jan. 22.

Violators of the ordinance would be fined $100 for creat- ing loud noises that disturb others.

The original deadline for the public to comment on the proposed ordinance was Jan. 3.

"We've received an awful lot of comments," Selectman George Thompson said. "I think the process is working and we should give it more time to work further."

All the selectmen said they have received a lot of feedback about the proposed ordinance, and that feedback has helped them realize how complicated an issue this is. Additional comments could help further define the proposed ordinance.

"This is such a subjective issue," Chair Sue Abladian said. "Issues and examples and questions that are being included in the responses we've received include a lot of stuff I never would have thought of."

Residents interested in reading the proposed ordinance can access it via the town's website at www. town.westborough.ma.us.

Thompson said he would like to have a public discussion about the ordinance at the Board of Selectmen's meeting Tuesday Jan. 22 at 7 p.m.

Much of the feedback so far has centered on the proposed ordinance's vague language and that it doesn't include a firm definition of noise, doesn't clearly outline what kind of noise would violate the proposed ordinance and doesn't define what noises, if any, would be subject to interpretation.

The four categories in the proposed ordinance's Section 1, "Unlawful Noise Prohibited," are: radio, phonograph, musical instruments and television; shouting and whistling; animal noises; and devices to attract attention.

Exemptions to the ordinance would include: emergency vehicles, highway and utility maintenance construction, public address, and agricultural, farm-related and forestryrelated noises as defined by Massachusetts General Laws 128, Section 1A.

Section 3 of the proposed ordinance deals with penalties for violators. A first offense would be finable by "no less than $100." A second offense within 12 months of the first violation would be at least a $200 fine. Further violations within 12 months of the previous one would receive a fine of $300.

In addition, if written notices of a violation of the ordinance occurs more than 30 minutes after the previous one, it will be viewed as a separate off ense.

A number of the comments received about the proposed ordinance have wondered why there is no mention of noise generated by companies or businesses.

"It's just the first step in the process," Thompson said. "That's why we're getting input, that's why we want to have a public discussion, to make sure everything that the residents and the voters in town want in the proposed ordinance gets in the proposed ordinance."

Police Chief Alan Gordon said at the Jan. 8 selectmen's meeting that a lot more work needs to be done and a lot more questions need to be answered before he will be able to decide if he can support such an ordinance.