[HISTORY: Adopted by the Council of the City
of Sunbury 5-11-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 113,
Noise, adopted 12-13-1971 by Ord.
No. 865, as amended.
For purposes of this chapter, certain words and phrases used
herein are defined as follows:
6:00 a.m. to 10:59 p.m. the same day.
Shall be the person or official appointed by the City to
enforce this chapter. If no person has otherwise been appointed, the
Police Department of the City of Sunbury shall have the authority
to enforce this chapter.
A part, zone, or geographic area of the City within which
certain zoning or development regulations apply.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which necessitates immediate
action. Economic loss shall not be the sole determining factor in
the determination of an emergency. It shall be the burden of an alleged
violator to prove an "emergency."
Any work made necessary to restore property to a safe condition
following an emergency, or to protect property threatened by an imminent
emergency, to the extent such work is necessary to protect persons
or property from exposure to imminent danger or damage.
A business or organization in possession of a valid license
to serve alcohol issued by the Pennsylvania Liquor Control Board within
the City of Sunbury, Pennsylvania.
11:00 p.m. to 5:59 a.m. the following day.
Any sound which disturbs humans which causes or tends to
cause an adverse psychological or physiological effect on humans.
Any sound which:
Any person, person's firm, association, copartnership,
joint venture, corporation, or any entity public or private in nature.
Any sound or noise produced by any source, or reproduced
by a radio, tape player, television, CD player, electronic audio equipment,
musical instrument, sound amplifier or other mechanical or electronic
sound-making device, or nonamplified human voice that can be clearly
heard by a person using his/her normal hearing faculties.
Any imaginary line of any property, at the ground surface,
and its vertical extension, which separates the real property owned
by one person from that owned by another person.
Any street, avenue, boulevard, sidewalk, bike path or alley,
or similar place normally accessible to the public which is owned
or controlled by a governmental entity.
A radio, music or sound player or other mechanical sound-making
device or instrument within a motor vehicle is instantly. Otherwise,
absent special circumstances, "reasonable time" is five minutes.
A.Â
General prohibition. It shall be unlawful and a violation of this chapter to make, cause or allow the making of any sound that causes a noise disturbance, as defined in § 113-1, during nighttime hours.
B.Â
Additional specific prohibition. Noise disturbance shall not be permitted
to be heard from licensed establishments during daytime or nighttime
hours beyond the property boundary.
C.Â
Exemptions. The following uses and activities shall be exempt from
the sound level and noise regulations:
(1)Â
A nonamplified human voice, excepting yelling, shouting, whistling,
hooting, or generally creating sound such that it creates a noise
disturbance during the nighttime hours in a residential district in
other than time of emergency.
(2)Â
Sounds resulting from any authorized emergency vehicle when responding
to an emergency call or acting in time of emergency.
(4)Â
Any aircraft operated in conformity with, or pursuant to, federal
law, Federal Aviation Administration regulations and air traffic control
instruction used pursuant to and within the duly adopted Federal Aviation
Administration regulations; and any aircraft operating under technical
difficulties in any kind of distress, under emergency orders of air
traffic control, or being operated pursuant to and subsequent to the
declaration of an emergency under Federal Aviation Administration
regulations.
(5)Â
All sounds coming from the normal operations of interstate motor
and rail carriers, to the extent that local regulation of sound levels
of such vehicles has been preempted by the Noise Control Act of 1972
(42 U.S.C. § 4901 et seq.) or other applicable federal laws
or regulations.
(6)Â
School concerts and music activities, including marching band activities,
sporting activities, art festivals, and student fund-raisers.
(7)Â
Religious organizations conducting worship services of any types,
including bells and chimes associated with services, holidays and
celebrations.
(8)Â
The City of Sunbury, including, but not limited to, parks and recreation
unit sponsored activities with musical components.
(9)Â
Any sound or activity caused by an event for which a special event/vendor
permit has been issued by the City.
(10)Â
Any nonamplified noise generated by noncommercial public speaking
activities conducted on any public property or public right-of-way
pursuant to legal authority.
(11)Â
Sounds produced at organized sporting events, by fireworks and
by permitted parades on public property or public rights-of-way.
A.Â
Permit process.
(1)Â
Applications for a special permit for relief from the noise restrictions
in this chapter must be made in writing to the City Administrator,
with approval by the City Administrator. Special noise relief permits
may not be issued at a rate of more than one per thirty-day period
per property.
(2)Â
The permit application shall include the name, address and telephone
number of the permit applicant; the date, hours and location for which
the permit is requested; and the nature of the event or activity.
If the proposed activity or event will involve entertainment, the
City may also request the name and contact information for such individual(s).
The application must be submitted at least 10 days in advance of the
event, not including holidays and weekends.
(3)Â
A fee of $30 shall be paid, which fee may be amended by resolution
of City Council.
(4)Â
Any permit granted must be in writing and shall contain all conditions
upon which the permit shall be effective.
(5)Â
The Chief of Police and/or City Council may prescribe any reasonable
conditions or requirements he/she/they deem(s) necessary to minimize
noise disturbances upon the community or the surrounding neighborhood,
including use of mufflers, screens or other sound-attenuating devices.
(6)Â
The permit shall be posted at the activity.
B.Â
Permits may be granted under the following conditions:
(1)Â
The permit shall be limited to a single day.
(2)Â
Permits shall be effective only between the hours of 6:00 a.m. and
12:00 midnight.
(3)Â
No permit shall be issued to any applicant or any activity convicted
of a violation or if pending conviction of a violation of this chapter
within 365 days of the permit application.
C.Â
Upon receipt of a properly executed and signed application, the City
of Sunbury shall review the application and, if appropriate, issue
a special noise permit to the applicant, which permit shall exempt
the premises specified in the permit from the provisions of this chapter
for the date specified in the permit, except that sound emitted from
the premises shall in no way be plainly audible 1,000 feet from the
property boundary. The permit shall be issued or denied within 10
days of submission of the complete application.
Any police officer or other designated official who hears a noise or sound that is plainly audible, as defined in § 113-1, in violation of this chapter, shall assess the noise or sound according to the following standards.
A.Â
The primary means of detection shall be by means of the official's
normal hearing faculties, so long as the official's hearing is
not enhanced by any device, such as a hearing aid.
B.Â
The official must have a direct line of sight and hearing to the
real property of the source of the sound or noise so that the official
can readily identify the offending source of the sound or noise and
the distance involved. If the official is unable to have a direct
line of sight and hearing to the real property of the source of the
sound or noise, then the official shall confirm the source of the
sound or noise by approaching the suspected real property source of
the sound or noise until the official is able to obtain a direct line
of sight and hearing and identify the identical or same sound or noise
that was heard at the place of original assessment of the sound or
noise.
C.Â
The official need not determine the particular words or phrases being
said or produced or the name of any song or artist producing the noise
or sound. The detection of a rhythmic bass reverberating type of noise
or sound is sufficient to constitute a plainly audible noise or sound.
A.Â
Violation of sound level limits.
(1)Â
Warnings:
(a)Â
When a designated City official determines that there is a violation of § 113-2, the official may issue a written warning to the person or persons responsible for the sound. The warning shall advise the person of the violation.
(b)Â
The person or persons receiving the warning shall have a reasonable time, as defined in § 113-1, to cease the noise disturbance.
(c)Â
The person or persons responsible for prohibited sounds that
have been warned or cited for one or more offending sounds of the
same type within 365 days may be cited without another warning. In
the situation of a business with ownership less than one year, current
ownership would not be responsible for violations prior to ownership
of the business.
B.Â
Other limits; complaint procedure.
(1)Â
Any complaint regarding a sound or noise disturbance based solely
on its disturbing a reasonable person of normal sensitivities must
be filed by a person who is disturbed by the sound or noise. The complaint
may be filed at the time of the disturbance or within five days of
the noise disturbance.
(2)Â
When a complaint has been received, a designated official shall investigate
the charges. If the official finds probable cause to believe the owner/operator
is in violation of this chapter, the official shall issue a warning
to cease and desist the violation.
C.Â
Any person who violates any provision of this chapter shall be subject
to a fine of more than $1,000, plus costs of prosecution, or 90 days'
imprisonment, or both. If the violation is of a continuing nature,
each day during which it occurs shall constitute an additional, separate,
and distinct offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
To help preserve the peace and tranquility of
City residents by prohibiting the excessive amount of noise produced
by the use of brake retarders by truck operators within the City limits.
The use of brake retarders or similar devices
by truck operators on the following state routes shall be prohibited:
PA 147 (Front Street), PA Truck 61 South (Chestnut Street) and Truck
61 North (Fifth Street to Arch Street).
This article shall not apply to fire protection
equipment or other emergency vehicles.
All major routes and streets generally utilized
by trucks equipped with brake retarders or similar devices shall be
posted with appropriate signs as required by PennDOT rules and regulations.