[HISTORY: Adopted by the Borough Council
of the Borough of Millersville 6-1-1981 by Ord. No. 1981-3.
Amendments noted where applicable.]
The Council of the Borough of Millersville,
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 being therefore
a public health and welfare hazard, hereby declares it to be necessary
to provide for the greater control and more-effective regulation of
excessive sound and the sources of excessive sound within the Borough
of Millersville.
This chapter shall be known as the "Millersville
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. All terminology used in this chapter and not defined below
shall be in conformance with the applicable publications of the American
National Standards Institute [ANSI S1.1 - 1960 (R1971) and its revisions]
or its successor body.
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
The sound-pressure level in decibels, as measured on a sound-level
meter using the A-weighted network. The level so read is designated
“dB(A).”
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.
A unit for measuring the sound-pressure level, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop-forge impacts and the discharge of firearms.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which is in excess of the sound levels by zoning district established in § 257-5.
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state. Whenever used
in any clause prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers, or any of
them, of partnerships and associations, and as to corporations, the
officers and managers thereof, or any of them.
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designed to carry persons, including
but not limited to any model airplane, boat, car or rocket.
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons; a demarcation or a line
of separation of properties; and also, for any two or more buildings
sharing common grounds, the line drawn midway between any two said
buildings. All areas devoted to public right-of-way shall be deemed
to be across the property line. For the purpose of this regulation,
the property line includes all points on a plane formed by projecting
the property line in a manner deemed appropriate by the enforcing
police officer.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity, church or civic organization.
Any sound which can be heard as a single pitch or a set of
single pitches. For the purpose of this chapter, a pure tone shall
exist if the 1/3 octave band sound-pressure level in the band with
the tone exceeds the arithmetic average of the sound-pressure levels
of the two contiguous octave bands by five dB for center frequencies
of 500 Hz and above and by eight dB for center frequencies between
160 and 400 Hz and by 15 dB for center frequencies less than or equal
to 125 Hz.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public right-of-way.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristics of such sound, including
duration, intensity and frequency.
The weighted sound-pressure level obtained by the use of
a sound-level meter and frequency-weighting network, such as A, B
or C, as specified in American National Standards Institute specifications
for sound-level meters (ANSI S1.4-1974, or the latest revision thereof).
If the frequency-weighting employed is not indicated, the A-weighting
shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and any applicable
weighting network used to measure sound-pressure levels which meets
or exceeds the requirement for a Type I or Type II sound-level meter
as specified in ANSI Specification S1.4-1974. The manufacturer's published
indication of compliance with such specifications shall be prima facie
evidence of such compliance.
The land use districts established by Chapter 380, Zoning, and all subsequent amendments.
[Amended 10-3-1983 by Ord. No. 1983-7; 7-25-1995 by Ord. No.
1995-5]
A.
Noise disturbance prohibited. No person shall make
or continue, or cause to be made or continued, any noise disturbance.
B.
Specific prohibitions. In addition to noise disturbances prohibited under Subsection A above, the following acts, and the causing thereof, are declared to be noise disturbances and therefore in violation of this chapter:
(1)
Radios, television sets, musical instruments and similar
devices: operating, playing or permitting the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound
amplifier, automobile radio, automobile stereo or high-fidelity equipment
or similar device which produces, reproduces or amplifies sound:
(a)
At any time in such a manner as to cause a noise
disturbance across a property line (boundary), or between the hours
of 9:00 p.m. and 8:00 a.m. so as to be plainly audible across a property
line (boundary).
(b)
In such a manner as to create a noise disturbance
across a property line (boundary) or at 50 feet from such device,
whichever is less, when the device is operated in or on a motor vehicle
or hand-carried on a public right-of-way or public space.
(c)
In such a manner as to create a noise disturbance
to any person other than the operator of the device, when operated
by any passenger or a common carrier.
(2)
Yelling and shouting, etc.: engaging in loud yelling,
shouting, hooting, whistling or singing:
(3)
Construction:
(a)
Operating or permitting the operation of any
tools or equipment used in construction operations, drilling or demolition
work:
[1]
Between the hours of 9:00 p.m. and 7:00 a.m. the following day on
weekdays and Saturdays, or at any time on Sundays or legal holidays,
such that the sound therefrom creates a noise disturbance across a
residential real property line (boundary), except for emergency work.
[2]
At any other time such that the sound level at or across a real property
line (boundary) exceeds 85 dB(A) for a period of one hour.
(4)
Domestic power tools: operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower, or similar device used outdoors in residential areas (see Table 1 in § 257-5A) between the hours of 9:00 p.m. and 8:00 a.m. so as to cause a noise disturbance across a residential property line (boundary).
(5)
Loading and unloading: loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials,
garbage cans or similar objects between the hours of 9:00 p.m. and
7:00 a.m. the following day in such a manner as to cause a noise disturbance
across a residential property line (boundary). This section shall
not apply to municipal or utility services in or about the public
right-of-way or to licensed refuse haulers.
(6)
Animals and birds:
(a)
Owning, possessing, harboring or controlling
any animal or bird which howls, barks, 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 for any other legitimate
cause which teased or provoked the animal or bird.
(b)
This subsection only applies when two or more
persons file complaints about the animal or bird. However, prior to
filing the complaint, the complainants must first request the person
owning, possessing, harboring or controlling the animal or bird to
take action to prevent the animal or bird from creating a noise disturbance.
If, after making the request to the person owning, possessing, harboring
or controlling the animal or bird, the noise disturbance continues,
a complaint may be filed.
(7)
Powered model vehicles: operating or permitting the
operation of powered model vehicles so as to create a noise disturbance
across a residential property line (boundary) between the hours of
9:00 p.m. and 8:00 a.m.
(8)
Street sales: offering for sale or selling by shouting or outcry, or by any other amplified or unamplified sound, within any residential or commercial area (see Table 1 in § 257-5A) of the Borough of Millersville, except between the hours of 8:00 a.m. and 9:00 p.m., and at no time in such a manner as to violate § 257-5A of this chapter.
(9)
Tampering. The following acts or the causing thereof
are prohibited:
(a)
The removal or rendering inoperative by any
person, other than for purposes of maintenance, repair or replacement,
of any muffler or sound-dissipative device or element of design or
noise label of any product.
(b)
The use of a product which has had a muffler
or sound-dissipative device or element of design or noise label removed
or rendered inoperative, with knowledge that such action has occurred.
(10)
Vehicle, motorboat or aircraft repairs and testing:
repairing, rebuilding or testing any motor vehicle, motorcycle, motorboat
or aircraft in such a manner as to cause a noise disturbance across
a residential real property line (boundary).
C.
Motor vehicle prohibitions.
(1)
Motor vehicles and motorcycles on public rights-of-way.
No person shall operate or cause to be operated a public or private
motor vehicle or motorcycle, or any equipment attached to such a vehicle,
on a public right-of-way at any time in such a manner that the sound
level emitted by the motor vehicle or motorcycle, or any equipment
attached to such a vehicle, exceeds the level set forth in Title 67,
Chapter 450, of the Pennsylvania Department of Transportation Regulations
(Established Sound Levels).
(2)
Standing motor vehicles. No person shall operate or
permit the operation of any motor vehicle, or any auxiliary equipment
attached to such a vehicle, for a period longer than 15 minutes in
any hour while the vehicle is stationary, for reasons other than traffic
congestion, anywhere within 150 feet of any residence in such a manner
as to cause a noise disturbance across a residential property line
(boundary).
(3)
Unnecessary horn blowing. No person shall at any time
sound the horn or other warning device of a vehicle except when absolutely
necessary as a warning while actually driving such vehicle.
D.
Prima facie violation. The noise from any of the aforesaid
prohibited acts that disturbs two or more residents who are in general
agreement as to the times and durations of the noise and who reside
in separate residences (including apartments and condominiums) located
across a property line (boundary) from the property on which the source
of the noise is generated shall be prima facie evidence of a noise
disturbance.
A.
Maximum permissible sound levels by zoning district.
No person shall operate or cause to be operated any source of sound
in such a manner as to create a sound level which exceeds the limits
set forth in the zoning designation's category in Table 1 when measured
at or across the property line (boundary) from the noise source. Any
sound source that produces sound in excess of those levels shall constitute
a noise disturbance.[1]
|
Table 1
Sound Levels by Zoning District
| |||
|---|---|---|---|
|
Sound Level Limit
| |||
|
Zoning District of the Property on Which
the Source of the Noise is Located
|
8:00 a.m. to 9:00 p.m.
|
9:00 p.m. to 8:00 a.m.
| |
|
Residential (Zoning Districts R1, R1A, R2, R3,
RP)
|
57 dB(A)
|
52 dB(A)
| |
|
Commercial (Zoning Districts NC, GC)
|
60 dB(A)
|
55 dB(A)
| |
B.
When exceeded. The sound-level limits set forth in
Table 1 shall be exceeded when any one or more of the following occur:
(1)
The sound at any one point in time exceeds any of
the established zone limits in Table 1 by a measured sound level of
15 dB(A).
(2)
The sound exceeds any of the established zone limits
in Table 1 by a measured sound level of 10 dB(A) for a cumulative
total of one minute or more out of any ten-minute period.
(3)
The sound exceeds any of the established zone limits
in Table 1 by a measured sound level of three dB(A) continuously for
a period of five minutes, or a total of five minutes out of any ten-minute
period.
C.
Ambient sound. In the event that the background ambient
sound levels in an area of suspected noise disturbance exceed the
levels set forth in Table 1, the sound level of the intrusive sound
source shall be measured with the ambient background sound level being
substituted as the Table 1 sound-level limit.
D.
Where measured. For the purposes of this section,
sound shall be measured at or beyond the property line (boundary)
of the property on which the noise source is located.
E.
Pure tone and impulsive sound. For any source of sound
which emits a pure tone or impulsive sound, the limits set forth in
Table 1 shall be reduced by five dB(A).
F.
Adjustment for nonconforming uses. Any noise which occurs on property which, according to Chapter 380, Zoning, is being used in a legally nonconforming manner, and which noise relates to said use, shall be judged as if the property bore a zoning designation under which the use would be conforming.
G.
Measuring instruments. All sound measurements shall
be made on a sound-level meter calibrated in the manner required by
the manufacturer's specifications.
The following sounds are exempted from the provisions
of this chapter:
A.
Amplified announcements: electronically amplified
announcements at athletic events.
B.
Blasting: blasting, under permit by the Police Department.
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.
C.
Concerts, etc. Band concerts, block parties, church
carnivals, festivals or other performances or similar activities publicly
or privately sponsored and presented in any public space outdoors
shall be exempt from the provisions of this chapter, provided that:
D.
Emergency work: sounds caused by the performance of
emergency work or by the ordinary and accepted use of emergency apparatus
and equipment.
E.
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.
F.
School and public activities: sounds, not electronically
amplified, created by organized school-related programs, activities,
athletic and entertainment events, or other public programs, activities
or events, other than motor vehicle racing events.
G.
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.
[Amended 7-25-1995 by Ord. No. 1995-5]
A.
Variances.
(1)
Authority. The Noise Control Board shall have the
authority to grant variances, consistent with the provisions of this
section, after public hearing, upon application of any person who
owns, controls or operates any sound source which does not comply
with the provisions or standards of this chapter.
(2)
Application. The application shall state the standard
or provision from which the variance is being sought and the period
of time and reasons for which the variance is sought, shall contain
information which demonstrates that bringing the sources of sound
or activity for which the variance is sought into compliance with
this chapter would constitute an unreasonable hardship on the applicant
and shall contain any other supporting information which may reasonably
be required.
(3)
Public notification. Public notice of an application
and the date, time and place of the public hearing to be held thereon
for a variance shall be given by publishing notice thereof in a newspaper
of general circulation in the Borough at least once, not less than
three days prior to the scheduled public hearing, and by, if practicable,
conspicuously posting the premises that is the source of the sound
for which the variance is sought.
(4)
Hearing. The Noise Control Board shall hold a public
hearing to decide variance applications presented to it. Any person
who claims to be affected by allowance of the variance may become
a party to the hearing.
(5)
Review standards. In determining whether to grant
or deny the application, the Noise Control Board shall balance the
hardship to the applicant versus the adverse impact to the public
health, safety and welfare and shall consider, at a minimum, the following
conditions:
(a)
The physical characteristics of the emitted
sound.
(b)
The times and duration of the emitted sound.
(c)
The geography, zone and population density of
the affected area.
(d)
Whether the public health and safety is endangered.
(e)
Whether the sound source predates the receiver(s).
(f)
Whether compliance with the standard(s) from
which the variance is sought would produce hardship without equal
or greater benefit to the public.
(6)
Decision. The Noise Control Board shall render a written
decision in granting or denying the application for variance and,
if denied, shall state the reasons therefor. The Board's decision
shall be made available to the applicant and any other person who
requests it in writing. In granting a variance, the hearing board
may attach reasonable conditions, including but not limited to placing
a time limit on the permitted activity and/or establishing a time
schedule within which the source of sound or activity for which the
variance was sought must be brought into compliance with this chapter.
Where the grant of a variance is conditioned, the variance shall not
become effective until all conditions are agreed to by the applicant.
Noncompliance with any condition of the variance shall terminate it
and subject the person holding it to those provisions of this chapter
regulating the source of sound or activity for which the variance
was granted. Variances may be granted for a period of up to one year.
The person obtaining the variance may reapply for additional variance
periods under terms set forth by the applicant and the Noise Control
Board.
(7)
Appeals. Appeal from an adverse decision of the Noise
Control Board shall be made to the Court of Common Pleas of Lancaster
County.
B.
Special variances. The Chief of the Police Department, or his designee, may, upon application and guided by the standards for review set forth in Subsection A(5), grant special variances for infrequent noise events or activities which do not exceed 24 hours in duration. Such special variances are not renewable except by action of the Noise Control Board pursuant to Subsection A. The Noise Control Board shall hear and decide all appeals from the denial of a special variance, the practice and procedure thereon to be in accordance with Subsection A.
C.
Noise Control Board. The Noise Control Board, for
the purposes of this chapter, shall be the Zoning Hearing Board of
the Borough of Millersville, which Board shall have full authority
to carry out the duties of the Noise Control Board as set forth in
this chapter. All applications to the Board shall be filed through
the Zoning Officer and shall be accompanied by an application fee
to be established from time to time by resolution of the Borough Council,
to be held to cover all fees incurred by the use of a court reporter,
attorney, etc. Any funds remaining will be returned to the appellant.
The hearing shall be held in a reasonable time as fixed by the Board
following the filing of the application and the decision thereon rendered
within 45 days of the last hearing in the case before the Board.
[Amended 6-7-1982 by Ord. No. 1982-40; 5-7-1984 by Ord. No.
1984-7; 7-25-1995 by Ord. No. 1995-5]
A.
Authority for enforcement. This chapter shall be enforced
by the Police Department of the Borough of Millersville.
B.
Penalties. Any person, firm or corporation who shall
violate any provision of this chapter shall, upon conviction thereof,
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this chapter continues
shall constitute a separate offense.
C.
This chapter and the foregoing penalties shall not
be construed to limit or deny the right of the Borough or any person
to such equitable or other remedies as may otherwise be available
with or without process of law.
