[HISTORY: Adopted by the Town Council of
the Borough of Chambersburg 4-24-2006 by Ord. No. 2006-3. Amendments noted where
applicable.]
The following actions are specifically prohibited regardless of the sound level which is emitted, unless otherwise exempted in § 200-3.
A.
No person
shall 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, or at a volume, to annoy or disturb a reasonable person
of normal sensitivities.
[Added 3-27-2023 by Ord. No. 2023-11[1]]
B.
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.
D.
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.[3]
F.
In residential zoned districts, no person shall sell
anything by outcry. The provisions of this subsection 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.[5]
[Amended 3-27-2023 by Ord. No. 2023-11]
G.
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.
H.
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.
I.
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]
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.
[Amended 3-27-2023 by Ord. No. 2023-11]
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.
[Amended 3-27-2023 by Ord. No. 2023-11]
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.
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.
[Amended 3-27-2023 by Ord. No. 2023-11]
G.
Operation of a snowplow, snow removal equipment, sanitation
truck (including container collection), street sweeper and tree trimming
equipment.
[Amended 3-27-2023 by Ord. No. 2023-11]
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.
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.
[Amended 3-27-2023 by Ord. No. 2023-11]
A.
Fines for
violations.
(1)
Any
person who shall violate any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine as follows:
(2)
In
addition to the fine, the violator shall be sentenced to pay the costs
of prosecution and reasonable attorney fees. Each day that a violation
continues shall be deemed a separate violation.
B.
Notwithstanding Subsection A above, a police officer is hereby authorized to issue a ticket, in a form established by the Borough, to any person violating the provisions of this chapter. The ticket shall identify the address of the property where the violation occurred, as well as the nature of the violation. The ticket may either be: 1) handed to an owner or occupant of the property, 2) affixed to the door providing ingress and egress to the primary structure, or 3) conspicuously posted on the property. The ticket shall instruct the violator that if the violator reports to the Police Department and pays to the Borough the sum of $250 within 10 days of issuance of the ticket, then such payment shall save the violator from prosecution by citation. If a ticket is not paid within 10 days of issuance, the police officer shall issue a citation to the violator.
