Borough of Chambersburg, PA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Borough of Chambersburg 4-24-2006 by Ord. No. 2006-3. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 89.
Animals — See Ch. 96.
Carnivals and circuses — See Ch. 119.
Parades and public gatherings — See Ch. 204.
Picketing — See Ch. 212.
Vehicles and traffic — See Ch. 286.
Zoning — See Ch. 300.

§ 200-1 Specific prohibited acts at any time.

The following actions are specifically prohibited regardless of the sound level which is emitted, unless otherwise exempted in § 200-3.
A. 
No person shall own, possess, harbor or control any animal or bird which howls, meows, squawks or makes other sounds continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day or night, regardless of whether the animal or bird is situated in or upon private property; provided, however, that at the time the animal or bird is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or is otherwise teasing or provoking the animal or bird. As to barking dogs, the provisions of § 96-11 et seq., of the Code shall supersede the provisions in this section.
B. 
No person shall intentionally sound or permit the sounding outdoors of any fire, burglar or civil defense alarm or any similar stationary emergency signaling device intended for public notification except for periodic testing.[1]
[1]
Editor's Note: See Ch. 89, Alarm Systems.
C. 
No person shall operate or permit the operation of the sounding of any horn or signaling device on any truck, automobile, motorcycle, emergency vehicle or other vehicle on any street or public place within the Borough except for an emergency or to avert danger.[2]
[2]
Editor's Note: See Ch. 286, Vehicles and Traffic.
D. 
No person shall engage in or allow motor vehicle racing on any street or in public rights-of-way.[3]
[3]
Editor's Note: See Ch. 286, Vehicles and Traffic.
E. 
No person shall sell anything by outcry within any area of the Borough zoned primarily for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses, public auctions and other similar licensed public entertainment events.[4]
[4]
Editor's Note: See Ch. 119, Carnivals and Circuses, and Ch. 204, Parades and Public Gatherings.
F. 
No person shall operate or permit the operation of a mechanical device used for indoor climate control such as air conditioner, heater, or other ventilation device, that produces noise due to improper operating condition, lack of standard noise-reducing equipment, lack of maintenance, or otherwise not being used within the manufacturer's specifications.
G. 
No person shall play or permit the operation or playing of any radio, music player, sound amplifier, sound equipment or similar device from a motor vehicle which produces, reproduces or amplifies sound in such a manner as to be plainly audible or felt at a distance of 100 feet from the vehicle.
H. 
The use of brake retarders or similar devices by truck operators within the Borough limits shall be prohibited at all times.
[Added 2-12-2007 by Ord. No. 2007-01]

§ 200-2 Quiet period: time and place restrictions on activities.

The following actions are specifically prohibited between the hours of 10:00 p.m. of one day and 6:00 a.m. of the following day on Sundays and weekdays (except Friday evening the quiet period begins at 11:00 p.m.) and between 11:00 p.m. of Saturday and 8:00 a.m. Sunday morning (the quiet periods), regardless of the sound level which is emitted, unless otherwise exempted in this chapter.
A. 
Play or permit the operation or playing of any radio, television, drum, musical instrument, music player, sound amplifier, phonograph or similar device which produces, reproduces or amplifies sound in such a manner as to be plainly audible or felt across a property line (if the abutting use is residential in nature) or from within another dwelling unit.
B. 
In residential zoned districts, load or unload trucks or other motor vehicles or open, close or otherwise handle boxes, crates, containers, building materials, garbage cans or other objects in such a manner as to be plainly audible across a property line.
C. 
Rebuild or test or otherwise work on any motorcycle, motor vehicle, motorboat or aircraft in such a manner as to be plainly audible across a property line.
D. 
Operate or permit the operation of any equipment used in construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto except when done according to the Code.
E. 
In residential zoned districts, except when necessary to provide access to and from a property, operate or permit the operation of any power equipment used for home or building repair or grounds maintenance, including, but not limited to, power saw, power generator, sander, lawn mower, and garden equipment, unless done so within the regulations of the Code.
F. 
Operate or permit the operation of any power equipment, including, but not limited to, chain saws, pavement breakers, log chippers, power generators, powered hand tools. In addition, if such activity is inherent to the occupying land use, then the performance standards outlined in § 300-171 of the Code also apply.
G. 
Operate or permit the operation of any model aircraft powered by internal combustion engines, whether tethered or not, or the firing or operating of model rocket vehicles or other similar noise-producing devices.
H. 
Yell, shout, whistle, sing, or otherwise create noise in public areas in such a way that disturbs the quiet, comfort, or repose of persons in any dwelling, hotel, or other type of residence.

§ 200-3 Exemptions.

The following uses and activities shall be exempt from the noise nuisance regulations of this Chapter 200:
A. 
Noise of safety signals, warning devices, emergency pressure relief valves, or other sound needed to alert people about an emergency;
B. 
Noise resulting from any authorized emergency vehicle when responding to an emergency call or from any source acting in time of emergency.
C. 
Noise resulting from emergency work.
D. 
Noise resulting from public festivals, celebrations, lawful fireworks, and noise-makers, when permitted by the Borough or used for celebration of an official holiday authorized by the Borough, commonwealth, or federal government.
E. 
Routine and customary ringing of bells and chimes (including an ice cream truck).
F. 
Noise resulting from any athletic, recreational, or other such outdoor activity from an official Borough, school district, private school or other organized league recognized by the Borough Recreation Department Superintendent.
G. 
Operation of a snow plow, snow removal equipment, sanitation truck (including container collection), street sweeper and tree trimming equipment for utility purposes under a Borough contract.
H. 
Blasting, only if performed in accordance with a permit issued by the Pennsylvania Department of Environmental Protection, the Borough or any other governmental agency having jurisdiction. Such blasting may occur only between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, unless specifically authorized at different times by the DEP permit.
I. 
Any train or aircraft operating pursuant to commonwealth or federal regulations.

§ 200-4 Administration and enforcement.

The Chambersburg Police Department shall have the power to administer the terms of this Chapter 200, to investigate complaints and prosecute violations of this chapter.

§ 200-5 Violations and penalties.

A. 
A violation of this Chapter 200 shall be a summary offense punishable by a fine of $50. Once penalties are received by the Borough Treasurer the funds shall be deposited for the use by the Chambersburg Police Department.
B. 
A police officer may give a ticket to the violator of the provisions of this Chapter 200 and instruct such violator that if they report to the office of the Chief of Police and pay, for the use of the Borough, the sum of $50, or if they shall place the $50 within the envelope provided in any of the special fine boxes installed at various locations within the Borough within 10 days of the time of issuance of the ticket, then such payment shall save such violator from prosecution and from payment of the fine and costs.
C. 
A police officer, at his discretion, may issue a summary offense citation instead of a ticket. In any event, if a ticket is not paid within 10 days of issuance, the police officer shall issue a citation on the violator.