[Ord. 465, 5/9/1960, § 1; as amended by Ord. 728, 11/5/1990, § 1]
It shall hereafter be unlawful for the owner of any premises in the Town of Bloomsburg to permit any grass, or any vegetation whatsoever, not edible, or planted for some useful or ornamental purpose, to grow or remain upon any premises in said Town or to grow or remain upon the portions of the roadway adjoining said premises between the property line and the cartway, so as to exceed a height of six inches, to throw off any unpleasant or noxious odor, to conceal any filthy deposit or to create or produce pollen. Provided, that any trees or ornamental plantings between the property line and the cartway shall be planted only in accordance with Town ordinances now in effect or hereafter to be passed.
[Ord. 465, 5/9/1960, § 2]
Any grass, weeds or other vegetation growing upon any premises in the Town of Bloomsburg in violation of any of the provisions of § 10-101 is hereby declared to be unlawful and is declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Town. The same is hereby prohibited.
[Ord. 465, 5/9/1960, § 3; as amended by Ord. 728, 11/5/1990, § 2]
The owner of any premises shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of this Part.
[Ord. 465, 5/9/1960, § 4; as amended by Ord. 728, 11/5/1990, § 3]
The Town Council, or any officer or employee of the Town designated thereby for the purpose, is hereby authorized to give notice, by personal service or by United States Mail, to the owner of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of § 10-101 hereof, directing and requiring said owner to remove, trim or cut grass, weeds or other vegetation so as to conform to the requirements hereof within five days after issuance of such notice.
[Ord. 465, 5/9/1960, § 5; as amended by Ord. 728, 11/5/1990, § 4]
In case the owner of such premises shall neglect, fail or refuse to comply with the notice provided in § 10-104, within the period of time stated therein, the Town authorities may cause such grass, weeds or vegetation to be removed, trimmed or cut. There is hereby imposed a charge of the actual cost of the labor involved, plus 10% of said costs for each time the Town shall cause such grass, weeds or vegetation to be removed, trimmed or cut and the owner of the premises shall be billed after same has been completed.
[Ord. 465, 5/9/1960, § 6; as amended by Ord. 728, 11/5/1990, § 5]
Should any bill or bills for removing, trimming or cutting of grass, weeds or vegetation be unpaid for a period of 30 days after the bill for the same shall have been submitted to the owner of such premises, a penalty of 10% shall be added to such bill or bills and a suit may be instituted before a district justice against the owner of said premises for collection of the same or a lien may be filed against the premises in the same manner in which all other municipal claims are filed.
[Ord. 465, 5/9/1960, § 7; as amended by Ord. 641, 10/9/1978; by Ord. 782, 11/6/1995, § 5); and by Ord. 841, 12/19/2001]
Any person who shall violate any provision of this Part 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 Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. Provided, further, that for each subsequent violation, conformance with this Part shall be rendered within two days of the issuance of the notice of violation.
[Ord. 881, 1/24/2005]
The Town Council of the Town of Bloomsburg makes the following findings:
Excessive levels of sound are detrimental to the physical, mental and social wellbeing of the residents of the Town of Bloomsburg as well as to their comfort, living conditions, general welfare and safety.
Excessive noise levels degrade the environment and detract from the quality of life within the Town of Bloomsburg.
Excessive noise levels limit the quiet enjoyment of the properties of the residents of the Town of Bloomsburg.
Excessive noise levels constitute a safety hazard in the form of distractions to the traveling public and to pedestrians.
Excessive levels of noise degrade the environment and detract from the quality of life in the Town of Bloomsburg.
The Police Department has received numerous complaints over the years from citizens concerning loud and disruptive activities during evening, night and early morning hours.
[Ord. 881, 1/24/2005]
The Town Council of the Town of Bloomsburg hereby declares that excessive noise levels are a public health, safety and welfare hazard, and that regulation of excessive noise levels within the Town of Bloomsburg are in the public's interest.
[Ord. 881, 1/24/2005]
- 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 sounds which:
- Any individual, corporation, partnership, firm or any legal successor, representative or agent of the foregoing.
- 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.
- RECEIVING LAND USE
- Land that receives the noise.
- 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 characteristic of such sound including duration, intensity and frequency.
[Ord. 881, 1/24/2005]
The following acts and the causing thereof are declared to be noise disturbances and, therefore, in violation of this Part.
Radios, Television Sets, Musical Instruments and Similar Devices. No person owning, leasing, occupying or having charge of any building or premises or any part thereof in the Town of Bloomsburg shall operate, play or permit the operation or playing of any radio, CD player, VCR, DVD, television, phonograph, highfidelity equipment or similar devices, drum, musical instrument or sound amplifier at any time in such a manner as to cause a noise disturbance across a real property boundary at any time during the day or night. A decibel reading of 70dBA or above measured by a noise meter beyond 30 feet from the property boundary shall be a violation of this Part.
Automobile Radios, Automobile Stereos, Portable Radios and Stereos. No person shall play an automobile radio or automobile stereo which produces, reproduces or amplifies sound in such a manner as to create a noise disturbance, whether audible sound or vibration, across any real property boundary or 30 feet from such device, whichever is less, when the device is operated in or on a motor vehicle or carried on a public right-of-way or public space at any time during the day or night. A decibel reading of 70dBA or above measured by a noise meter beyond 30 feet from the property boundary shall be a violation of this Part.
Motor Vehicles and Motorcycles.
No person shall at any time operate a motor vehicle, motorcycle or piece of machinery or equipment so out of repair, so loaded, or in such a manner as to create loud and unnecessary grating, grinding or other noise disturbance. Every motor vehicle and motorcycle shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation and no muffler or exhaust system shall be equipped with a cutout, bypass or similar device so as to cause a noise disturbance.
No person shall at any time sound the horn or other warning device of a vehicle so as to cause a noise disturbance as defined herein except when absolutely necessary as a warning while actually driving such vehicle.
No person shall at any time operate a motor vehicle by racing the motor or spinning the wheels so as to make or cause to be made any loud, boisterous or unseemly noise or disturbance, that creates a noise disturbance across a real property boundary or near any street, alley, park, public grounds or other public property in the Town of Bloomsburg, whereby the public peace is broken or the traveling public annoyed.
No person shall repair, rebuild or test any motor vehicle, motorcycle or motor boat in such a manner as to cause a noise disturbance across a residential real property boundary.
Yelling and Shouting, Etc. No person shall create a noise disturbance by yelling, shouting, whistling, hooting or singing so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling or residence, or of any persons in the vicinity, between the hours of 10:00 p.m. and 7:00 a.m.
Places of Public Entertainment. No person shall operate, play or permit the operating or playing of any radio, television, phonograph, stereo, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound within any place of public entertainment or permit sounds from persons present at the place of public entertainment to create a noise disturbance across a real property boundary between the hours of 10:00 p.m. and 7:00 a.m.
Noise from Premises. No person owning or in possession or control of any building or premises shall use the same, permit the use of the same, or rent the same to be used for any business or employment or residential use, or for any purpose of pleasure or recreation, if such use shall create a noise disturbance across a residential real property boundary.
Parties and Other Social Events. No person in charge of a party or other social event and no person present at a party or other social event that occurs on any private or public property shall allow that party or event to produce excessive noise in a loud, annoying or offensive manner such that noise from the party creates a noise disturbance across a residential real property boundary.
Explosives, Fireworks, Firearms and Similar Devices. No person shall use explosives, fireworks, firearms or similar devices which create impulsive sound as to cause a noise disturbance across a real property boundary or on a public right-of-way.
[Ord. 881, 1/24/2005]
This Part shall not apply to:
Emergency Services/Municipal Services/Public Utilities.
The emission of sound for the purpose of alerting persons to the existence of an emergency or to the emission of sound in the performance of emergency work or service by a municipality or emergency service.
Sounds generated from or incidental to emergency or nonemergency repairs to public utilities or any other emergency public works function by a municipality or public utility.
Churches and Official Buildings. Music, bells, chimes or other sounds which are emanating from a church, or place of worship, or certain Town, County or State buildings, approved by Town Council.
Nonconforming Uses. Sounds generated in commercial and industrial zoning districts or by recognized nonconforming uses which are necessary and incidental to the uses permitted.
Town, County and State Events.
Sound generated by activities which are an official or an approved part of any Town, County or State approved or licensed festival or activity, provided that such exemption shall terminate at 12:00 midnight.
Sound generated at any time from school-sponsored athletic or recreational events.
Activities at the Bloomsburg Fairgrounds.
Fireworks displays pursuant to a properly issued permit.
[Ord. 881, 1/24/2005]
Violations. Any person committing any of the acts prohibited above shall be in violation of this Part and be subject to the penalties set forth below.
Penalties. Any person violating this Part shall, upon conviction in a summary proceeding, be sentenced to pay a fine not to exceed $600 to the use of the Town of Bloomsburg, along with costs of prosecution, or to be imprisoned for not more than 10 days or both.
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 real property boundary from the property on which the source of the noise is generated, shall be prima facie evidence of a noise disturbance across a real property boundary. Nothing herein is intended to preclude proof of a noise disturbance beyond a property line by less than two witnesses or by a noise meter as set forth herein.
Noise Meters. When a noise disturbance is proved through the use of a noise meter to determine the decibel level of the noise, evidence of the decibel level shall be admissible in any prosecution under this Part upon certification that the noise meter was self-tested on the day that it was used and upon certification that the noise meter was certified to be accurate within accepted standards by the manufacturer, within one year prior to its use.
Legal Actions. The Police Department of the Town of Bloomsburg may initiate and prosecute legal actions for violations of this Part without the need of a complaint or the testimony of complainants.