[HISTORY: Adopted by the City Council of the City of Pottsville 10-11-1988 as Ord. No. 397. Amendments noted where applicable.]
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.
- Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
- NOISE DISTURBANCE
- Any sound which endangers or injures the safety or health of humans or animals; or annoys or disturbs a reasonable person of normal sensitivities; or endangers or injures personal or real property.
- 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.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
- REAL PROPERTY
- 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.
- REAL PROPERTY BOUNDARY
- An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.
- Any day, Monday through Friday, which is not a legal holiday.
Noise disturbance prohibited. No person shall make, continue or cause to be made or continued any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section.
Specific prohibitions. The following acts and the causing thereof are declared to be noise disturbances and therefore in violation of this chapter:
Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 7:00 p.m. and 7:00 a.m. the following day on weekdays and Saturdays or at any time on Sundays or holidays such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work. This section shall not apply to the use of domestic power tools.
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.
Any person violating any of the provisions of this chapter shall be fined not more than one thousand dollars ($1,000.) and, in default of payment of fine and costs, be imprisoned not more than ninety (90) days.