The Council of the Borough of Media, finding that excessive
levels of sound are detrimental to the physical, mental and social
well-being of the people as well as to their comfort, living conditions,
general welfare and safety and therefore a public health and welfare
hazard, hereby declares it to be necessary to provide for greater
control and more effective regulation of excessive sound and the sources
of excessive sound within the Borough of Media.
This chapter shall be known as the "Borough of Media Noise Control
Ordinance."
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
CONSTRUCTION OPERATION
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
NOISE DISTURBANCE
Any sound which:
A.
Measured at a property line of the receiving land, is in excess
of the limits set forth for the receiving land use category in Table
1 below.
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Table 1
Permissible Maximum Sound Levels by Receiving Land Use
|
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|
Receiving Land Use
|
Sound Level Limit dB(A)
|
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|
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
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|
Residential (land within the R-1, R-2, R-3 and R-4 Residential
Districts)
|
57
|
52
|
|
Commercial (land within the MERC, O, ROA or HBO Districts)
|
67
|
62
|
|
Industrial (land within the I District)
|
77
|
77
|
B.
Produces vibration which is transmitted through the ground and
is discernible without the aid of instruments at or at any point beyond
the lot line from which the sound or vibration originated; or
C.
Produces any vibration in excess of 0.002g peak measured at
or beyond the lot line from which the sound originated using either
seismic or electronic vibration measuring equipment.
PERSON
Any individual, association, partnership or corporation,
including officers and managers of corporations.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or
controlled by a governmental entity.
The following sounds are exempted from the provisions of this
chapter:
A. Blasting: blasting, under permit obtained from the Code Enforcement
Officer. Such blasting may occur only between the hours of 9:00 a.m.
and 4:00 p.m., Monday through Friday, unless specifically authorized
by permit.
B. Concerts, etc: band concerts, block parties, church carnivals or
other performances or similar activities publicly or privately sponsored
and presented in any public or private space outdoors, provided that
such activities do not occur between the hours of 10:00 p.m. and 7:00
am.
C. Emergency work: sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
D. Municipal and utility services: sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-way or all municipal collections.
E. School and public activities: sounds, not electronically amplified,
created by organized school-related programs, activities and athletic
and entertainment events or other public programs, activities or events,
other than motor vehicle racing events.
F. Warning devices: sounds made by warning devices operating continuously
for three minutes or less, except that in the event of an actual emergency
the time limitation shall not apply.
The Mayor or his designee may, upon application and guided by
the standards hereinabove set forth, grant special variances for infrequent
events or activities which do not exceed 24 hours in duration.
Any person violating any provision of this chapter shall, upon
conviction thereof in a summary proceeding, be sentenced to pay a
fine of not more than $600, plus costs of prosecution, for each and
every offense and, in default of payment of such fine and costs, shall
be imprisoned for not more than 30 days. Each day during which any
person violates any provision of this chapter shall constitute a separate
offense. This chapter may be enforced by the Media Borough Police
Department or the Media Borough Code Enforcement Department.