Offered
by Councillor SAL LAMATTINA

CITY
OF
BOSTON

_______________

IN THE YEAR TWO THOUSAND EIGHT

_______________

AN ORDINANCE REGARDING

CERTAIN SOUND SIGNAL
DEVICES

WHEREAS,     Warm
weather brings out many of the City of Boston's advantages, but longer daylight
hours also create more opportunity for noise pollution in the City. Food vendors,
such as ice cream trucks, play their signature music in quiet residential areas
late at night for long periods of time, disturbing residents' sleep as well as
the tranquility of our neighborhoods; and,

WHEREAS,     Under
the authority granted by M.G.L. chapter 40, section 21(22), the City has
implemented several noise ordinances in an attempt to limit harmful noise
pollution. Unfortunately, existing regulations are incapable of addressing the
problem particular to loud traveling sound devices that emanate from motor
vehicle food vendors; and,

WHEREAS,     Several
other cities struggle with this unique noise pollution issue and have successfully
regulated food vendor noise. For example New York City law allows vendors to
play music while in motion, but not while stopped; NOW, THEREFORE

Be it ordained by the
City Council of Boston, as follows:

Section 1.

CBC Chapter XVI, Section 16-26.7
is hereby amended by deleting the following title "Prohibition Against Loud
Amplification Devices in Motor Vehicles and inserting in its place the
following title:-

"Prohibition Against Certain
Sound Devices in Motor Vehicles.

Section 2.

CBC Chapter XVI, Section 16-26.7 is hereby amended by adding
the following paragraph:-

"No person
shall operate or use on any public right-of-way any electronically operated or
electronic sound signal device attached to, on or in a motor vehicle from which
food or any other items are sold or offered for sale when the vehicle is
stopped, standing, or parked. This subsection shall not apply to sound signal
devices used as a safety device, such as but not limited to a car horn or
back-up signal that is actually used for its intended purpose. For the purposes
of this subdivision the term "stopped" means the halting of a vehicle, whether
occupied or not, except when necessary to avoid conflict with other traffic or
in compliance with a police officer or other authorized enforcement officer or
a traffic control sign or signal. For purposes of this subdivision, the terms
standing and "parked" shall be as defined in the City of Boston Traffic Rules
and Regulations.

Section 3.

Upon passage of the provisions of
this ordinance, the Commissioner of Inspectional Services Department shall send
a copy of this ordinance to all licensed vendors affected by this ordinance.

Section 4.

The provisions of this section shall be effective immediately upon
passage.