By Mr. Finegold of Andover, petition (accompanied by bill, House, No. 2092) of Barry R. Finegold and Joseph R. Driscoll for legislation to clarify the site assignment process for the issuance of permits for parades, public gatherings or sporting events. Public Health.

The Commonwealth of Massachusetts

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PETITION OF:

Barry R. Finegold

Joseph R. Driscoll

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In the Year Two Thousand and Seven.

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An Act to clarify the site assignment process.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Chapter 111 of the General Laws, as appearing in the 2004 Official Edition is hereby amended by inserting, after section 143, the following new section:-

Section 143A.  No assignment shall be required pursuant to the first paragraph of this section for parades, public gatherings, or sporting events, where such parade, public gathering, or sporting event would not require an assignment but for the sound resulting from the conduct of the parade, public gathering, or sporting event, as long as all otherwise necessary local permits have been issued for such parade, public gathering, or sporting event.

Notwithstanding any other provision of the General Laws, sound emitted from parades, public gatherings, or sporting events shall not be considered a nuisance or a condition of air pollution. 

For the purposes of this section, a sporting event shall mean an event of all bona fide sports conducted under the auspices of (i) a public or private educational institution; (ii) a municipality or other governmental unit; (iii) recognized private youth and adult athletic leagues; (iv) dedicated sports schools, camps, or academies;  or (v) international, national, or regional sanctioning bodies, including but not limited to the United States Olympic Committee; professional sports leagues, such as Major League Baseball and the National Football League; the National Collegiate Athletic Association; the American Athletic Union; organized little leagues; sanctioning bodies for competitive motorized racing events or racing events involving dogs or horses; the United States Fencing Association; USA Boxing; and the Boston Athletic Association.  Sporting events include, but are not limited to, events conducted at dedicated facilities such as stadiums; baseball, soccer or football fields; race tracks; hockey arenas, tennis courts, and ski slopes.  A bona fide sport shall mean an amateur or professional athletic activity, governed by a widely accepted set of rules or customs, requiring some combination of instruction, practice, strength, endurance, agility, coordination, concentration, accuracy, tactics, and strategy.