[HISTORY: Adopted by the Borough Council of the Borough of Greencastle 1-2-2007 by Ord. No. 2006-11. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any mechanism which is intended to produce, or which does produce as a result of its operation, noise when used or operated.
- Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage.
- EMERGENCY VEHICLE
- A motor vehicle used in response to a public calamity, or to protect persons or property from an imminent exposure to danger.
- Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
- Any individual, association, partnership or corporation. Whenever used in any clause prescribing a penalty, "person" includes the individual members, partners, officers and managers thereof or any of them.
- PROPERTY LINE
- 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 separate properties; and also, for any two or more buildings sharing common grounds, the line drawn midway between any two such buildings. All areas devoted to public rights-of-way shall be deemed to be across the property line. For the purpose of this definition, 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.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is open to public use as a matter of right.
- A temporal and spatial oscillation in pressure or other physical quantity, in a medium with internal forces that causes compression and rarefaction of that medium, and which propagates at finite speed to distant points. The description of sound may include any characteristics of such sound, including duration, intensity and frequency.
The following actions are specifically prohibited, unless otherwise exempted in § 130-3:
Radios and other amplified music. Use or operation of, or permitting the use or operation of, any radio, CD player, MP3 player, television set, musical instrument, stereo (phonograph), or other machine or device designated or intended to produce or reproduce sound in such a manner which may reasonably be anticipated to disturb the peace, quiet, comfort, health or safety of residential inhabitants or at any time with louder volume than is necessary for convenient hearing by the person or persons who are in the room, vehicle or chamber in which such machine or device is operating and who are voluntary listeners thereto. The operating of any such machine or device in such manner as to be plainly audible at a distance of 50 feet from the source shall be prima facie evidence of a violation of this chapter.
Operation of machinery or equipment. The use or operation of, or permitting the use or operation of, between the hours of 11:00 p.m. and 7:00 a.m., all types of machinery or equipment, whether indoors or outside, including but not limited to any machinery or equipment used in industrial fabrication, manufacture, or assembly, any machinery or equipment used in the construction, repair, alteration, demolition, or excavation of property, any machinery or equipment used in the improvement or maintenance of lawns or gardens, or any other type of equipment which may reasonably be anticipated to disturb the peace, quiet, comfort, health or safety of residential inhabitants at a level which is audible beyond the property line of the property upon which the machinery or equipment is being used or operated and is at such a level which may reasonably be anticipated to disturb the peace, quiet, comfort, health or safety of residential inhabitants. The use or operation of any machinery or equipment in such manner as to be plainly audible at a distance of 50 feet from the property line of the property upon which the machinery or equipment is being used or operated shall be prima facie evidence of a violation of this chapter.
Vehicles. The repairing, rebuilding, or testing, between the hours of 11:00 p.m. and 7:00 a.m., of any vehicle, including but not limited to cars, trucks, vans, sport utility vehicles, motorcycles, dirt bikes, all-terrain vehicles, snowmobiles, motorboats, or aircraft in such a manner which may reasonably be anticipated to disturb the peace, quiet, comfort, health or safety of residential inhabitants. The repairing, rebuilding, or testing of any vehicle in such manner as to be plainly audible at a distance of 50 feet from the property line of the property upon which the vehicle is being repaired, rebuilt, or tested shall be prima facie evidence of a violation of this chapter.
Animals and birds. Owning, possessing, harboring or controlling any animal or bird which barks, bays, cries, squawks or makes any other noise continuously and/or incessantly for a period of 10 minutes or more or makes such noise intermittently for one-half hour or more, which may be reasonably anticipated to be a disturbance of any reasonable 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.
The following uses and activities shall be exempt from the provisions of § 130-2:
The use of safety signals, warning devices, emergency pressure valves, or other devices designed to alert persons of an emergency.
Public festivals or celebrations, fairs or carnivals, lawful fireworks or noisemakers, when permitted by the Borough or used in celebration of an official holiday authorized by the Borough, commonwealth, or federal government.
Concerts, band concerts, block parties, church carnivals or other performances or similar activities publicly or privately sponsored and presented in any public or private space, provided that such activities do not occur between the hours of 11:00 p.m. and 7:00 a.m.
Routine and customary ringing of bells or chimes, including ice cream trucks.
Athletic, recreational, or other such outdoor events, including electronically amplified announcements, from an official Borough, school district, private school, or other organized league recognized by Greencastle Borough.
Municipal or utility services. The maintenance, repair, or replacement of any municipal or utility installation in or about the public right-of-way or any other customary municipal or utility function, including but not limited to snow removal, refuse collection, tree trimming, and any other type of municipal or utility function.
The use of sirens by any authorized emergency vehicle that is responding to an emergency or acting in any other official capacity.
Emergency work. Work performed for the purpose of preventing or repairing the physical trauma or property damage.
Any train or aircraft being operated pursuant to commonwealth or federal regulations.
The Greencastle Police Department shall have the authority to administer the provisions of this chapter and to investigate complaints and prosecute violations of this chapter.
Any person, firm, or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 and no more than $300 and the cost of prosecution, and in default of payment of such fines and costs, to imprisonment of not more than 10 days. Each day a violation occurs or continues shall be considered a separate offense.