A number of residents say downtown noise can be reduced by enforcement of existing ordinances.

PITTSFIELD, Mass. — Residents believe that the city's noise control regulations are thorough — they just need better enforcement.

Last week, a number of community members attended the Public Health and Safety subcommittee to air grievances on audio disruptions and asked for the police to amp up citations.

The panel referred the matter to the full City Council and requested that the city comply with its noise control code, continue and step up its response to violations, and redirect resources to address it.

"We all want the same thing," Ward 3 Councilor Kevin Sherman said. "We all want safe streets and health."

Councilor at Large Peter White brought the petition forward after several conversations with a constituent who lives on North Street.

"Jeanne Kempthorne and I, who is my co-petitioner on this, have had several discussions over the years regarding this. I've been contacted, as other councilors have, on noise, this noise ordinance, and how it's really tested," he said.

"And the last time Jeanne and I met, we decided that instead of sending it to Ordinances and Rules, since it already is written fairly well, we will send it here to really have us look at the effectiveness, the history of enforcement, and whether the ordinance is having the desired effect."

The City Code's section on noise control states that the following are prohibited in a residentially zoned area or within 300 feet of a residentially occupied structure:

• Operation of a refuse collector between 9 p.m. and 7 a.m.
• Operation of construction or maintenance machinery between 9 p.m. and 7 a.m.
• Operation of garage machinery between 9 p.m. and 7 a.m.
• Operation of lawnmowers, leaf blowers, hedge trimmers, or other such mechanized domestic tools out-of-doors between 9 p.m. and 7 a.m.
• Production of mechanical or electronic noise that registers in excess of 50 dB(A) between the hours of 11 p.m. and 7 a.m., or in excess of 70 dB(A) at all other hours at the nearest complainant's property line.

Kempthorne said she and other residents have been driven "near crazy" by excessive noise around the city from motorcycle engines, altered exhausts, cars, and trucks.

"It is a very serious health hazard. It's a health hazard. I myself have lost my hearing as a result of noise-induced hearing loss. It's not age-induced, it's noise-induced," she said.

"The World Health Organization, the American Public Health Association, and the United States Congress in the Noise Pollution Control Act of 1972 in the Quiet Communities Act 1978 have already addressed and made clear findings on the very significant health impacts. It's not just to hearing. It's to cardiovascular disease it is to all sorts of systemic diseases. There is simply no legitimate argument that noise is only an inconvenience and an annoyance and there hasn't been for over 50 years."

Kempthorne argued that she did not buy into the noise by living downtown and that there are things that can be done to reduce the volume.

She reported city crews leaf blowing outside her window around 3 a.m. and being awakened to the sound of garbage trucks at 5 a.m.

"The city has to comply with the law just like everyone else," she said. "Leaf blowers may not exceed 70 decibels at any time of the day as measured at the property line and I can assure you that four gas-powered leaf blowers are topping out at about 100."

After issuing a public records request, Kempthorne found that police had only issued one citation a month from January 2020 to September 2021 and feels there needs to be a better response.

"I want to suggest that the primary emphasis should really be on community policing," she said. "Being around and on the streets and in the neighborhoods, talking to people, walking, using a bicycle, being a visible presence. That in itself would be a deterrent."

Police Sgt. Michael Maddalena does not deny that the problem exists but says it is unpredictable.

He explained that the department writes up citations under Chapter 90 rather than being a violation of the city code because it would end up in small claims court if the fine wasn't paid.

Under Chapter 90, the citation is attached to a person's license and registration and if the fine is not paid, results in a suspension.

Maddalena said residents can be helpful in reporting offenders by documenting the license plate and operator but, due to cell phone use being prohibited while behind the wheel, have to be careful with that recommendation.

He also disclosed that the police use discretion when deciding whether to pursue a subject in a chase for the safety of others and would not chase down a vehicle operator for a noise violation.

There is also a burden of proof that the police have to provide.

"But there's another issue that follows up with that is you have a motorcycle that maybe you do recognize the motorcycle but now you're playing the game of who's operating the motorcycle," Maddalena said.

John Dickson and his wife, who live at the corner of Hancock Road in Pittsfield, were among the other residents who spoke at the meeting about elevated street noise levels disturbing daily life.

"I moved to Pittsfield 11 years ago. I now have hearing aids," he said. "I wear protective earmuffs when I do work outside. I can't wear protective earmuffs every time in my bed at night or sitting on the porch but I hear the noises. I can't predict what's going to happen but I hear it and that kind of lack of predictability I think is helped exacerbate the hearing loss that I have."

Dickson explained that he has lived in big cities around the world and has never experienced such a noise problem. He pointed to speeding cameras that are installed in the Washington, D.C., area that automatically issue citations for speeding, as he sees some correlation between speeding and excess noise.

Thomas Greenleaf, who lives on Barker Road, says he can hear a motorcycle take off from the center of town.

During the meeting, attendees had to evacuate due to a radon alert from the basement of City Hall but were able to return to continue after standing outside for a bit. 

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