Borough of Upland, PA Noise

The residents of the Borough of Upland have a right to and should be ensured an environment free from excessive sound and vibration or other unnecessary noise that may jeopardize or be detrimental to their health or welfare or safety or which may degrade the quality of life in, as well as the environmental integrity of, the Borough of Upland.

A substantial body of science has determined that excessive sound and vibration, as well as other unnecessary community noise, has an adverse effect on and is a serious threat and hazard to the public health, safety and welfare, the quality of life and the integrity of the environment.

The Council of the Borough of Upland and the Mayor have determined that portions of the citizenry of the Borough of Upland are particularly susceptible to the adverse effects of excessive noise and vibrations, as well as other types of community noise.

It has been determined that different types of noise and vibrations have differing effects upon involuntary listeners depending upon multiple factors, including but not limited to volume, tone, impulse, frequency and duration.

A substantial body of science and technology exists by which excessive sound and vibration, as well as other unnecessary community noise, may be substantially abated.

Such methods and means of abatement differ depending upon the particular type of noise or vibration involved.

The Council of the Borough of Upland has determined that a stringent noise control ordinance must be enacted for the protection of the health, welfare and safety of the residents of the Borough of Upland.

It is therefore ordained that it is hereby declared to be a policy of the Borough of Upland to prevent excessive sound and vibrations or other unnecessary community noise which may jeopardize the health and welfare or safety of its citizens or degrade the quality of life in the Borough of Upland.

It is further ordained that this chapter and section shall apply to the control of all sound and vibration or other unnecessary community noise originating within the limits of the Borough of Upland, except as may be hereinafter expressly provided, it being the purpose of this chapter and section to preserve and improve the quality of sound, peace and quietness within the Borough.

§ 126-2 Definitions.

As used in this section and associated subsections of this chapter, the following terms shall have the meanings indicated:

COMMERCIAL AREA

The zoning districts designated B-Business District and I-Industrial District, within the Borough of Upland, comprising a group or groups of commercial/industrial facilities and abutting public rights-of-way and certain public spaces.

EMERGENCY

Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

EMERGENCY WORK

Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency; any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone, sewer facilities or public transportation facilities, removing fallen trees on public rights-of-way or abating life-threatening conditions.

MUFFLER or SOUND DISSIPATIVE DEVICE

A device for abating the noise of the exhaust gases of an internal combustion engine, compressor or vacuum pump.

NOISE

Any excessive, unnecessary or unusually loud sound or sounds which either annoy, injure, disturb or endanger the comfort, health, repose, peace or safety of others or which are so harsh, prolonged or unusual in their use, time and place so as to annoy, disturb or endanger the comfort, health, repose, peace or safety of others.

NOISE CONTROL OFFICER

The Borough official, appointed by the Borough Council, who has the responsibility for the enforcement of this chapter and section. All full-time and part-time members of the Upland Borough Police Department are vested with the authority of the position of Noise Control Enforcement Official.

NOISE DISTURBANCE

Any noise which endangers or injures the safety or health of humans or animals or annoys or disturbs or interferes with the repose of a reasonable person of normal sensitivities or endangers or injures personal or real property.

NOISE-SENSITIVE ZONE

Any area of potential noise disturbance, for example, hospitals, schools, houses of worship, recreational areas and residences.

PERSON

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, highway, sidewalk or alley, waterway or similar place which is owned or controlled by a governmental entity.

PUBLIC SPACE

Any real property or structures thereon which are owned or controlled by a governmental entity.

REAL PROPERTY BOUNDARY

Any 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 intrabuilding real property divisions.

RESIDENTIAL AREA

The zoning district designated as R1-Residential District, R2-Residential District and MH-Mobile Home District, within the limits of the Borough of Upland; and any other areas of the Borough used for residential purposes in accordance with the Borough of Upland Planning and Zoning ordinances, as amended.[1]

[1]

Editor's Note: See Ch. 185, Zoning.

§ 126-3 Powers and duties of Noise Control Officer(s).

In order to implement and enforce this section and for the general purpose of noise and vibration abatement and control, the Noise Control Officer shall have, in addition to any other authority vested in him or her, the power, upon presentation of proper identification credentials, to enter and inspect any private property or place and to inspect any report or records at any reasonable time when granted permission by the owner or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this section may exist. Such inspection may include administration of any necessary tests. If the interests of the Borough require, the Borough Council may, by resolution, designate some other qualified person or organization to conduct such inspections.

The Borough Manager/Secretary, under the authorization of the Upland Borough Council, may assign and direct the Noise Control Officer, as well as any other Borough personnel, agencies and/or departments, such duties and responsibilities as deemed necessary to effectuate the intent and purpose of this chapter and section, including but not limited to:

(1)

Investigation.

(2)

Conducting systems studies.

(3)

Developing systems and methods for retrieving, documenting and recording noise complaints.

(4)

Evaluating and recommending improvements in this chapter and section.

(5)

As appropriate, applying for and administering grants for said purposes.

§ 126-4 Prohibited acts.

No person shall, during any time of the day or night, at any time of the year, unreasonably make, continue or cause to be made or continue any noise disturbance as defined by this chapter and section.

The following acts and the causing thereof are declared to be in violation of this chapter and section:

(1)

Radios, television sets, phonographs, tape players, compact disc players, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, tape player, compact disc player, drum musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound:

(a)

Between the hours of 10:00 p.m. (LT) and 7:00 a.m. (LT) of the following day on weekdays and 10:00 p.m. (LT) and 9:00 a.m. (LT) of the following day, when the following day is a Saturday or Sunday, in such a manner as to create a noise disturbance across a real property boundary or within a noise-sensitive zone.

(b)

In such a manner as to create a noise disturbance at 50 feet (15 meters) from such device when operated in or on a motor vehicle on a public right-of-way or public space or a boat on public waters.

(c)

In such a manner as to create a noise disturbance to any person other than the operator of the device when operated by any passenger on a common carrier.

(2)

Loudspeakers/public address systems.

(a)

Using or operating for any noncommercial purpose any loudspeaker, public address system or similar device between the hours of 10:00 p.m. (LT) and 7:00 a.m. (LT) of the following day on weekdays and 10:00 p.m. (LT) and 9:00 a.m. (LT) of the following day, when the following day is a Saturday or Sunday, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise-sensitive zone.

(b)

Using or operating for any commercial purpose any loudspeaker, public address system or similar device such that the sound therefrom creates a noise disturbance across a real property boundary or within a noise-sensitive zone between the hours of 10:00 p.m. (LT) and 7:00 a.m. (LT) of the following day on weekdays and 10:00 p.m. (LT) and 9:00 a.m. (LT) of the following day, when the following day is a Saturday or Sunday, on a public right-of-way or public space.

(3)

Street sales. Offering for sale or selling anything by shouting or outcry within any residential or commercial area of the Borough between the hours of 7:00 a.m. (LT) and 10:00 p.m. (LT) weekdays, and between the hours of 9:00 a.m. (LT) and 10:00 p.m. (LT) on Saturdays and Sundays.

(4)

Animals and birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration howls, barks, meows, squawks or makes other sounds which create a noise disturbance between the hours of 9:00 p.m. (LT) and 8:00 a.m. (LT) on the following day in such a manner as to cause said noise disturbance across a residential real property boundary or within a noise-sensitive zone, except that it shall be unlawful to own, possess or harbor any dog which shall continuously bark or howl so as to cause a noise disturbance across a residential real property boundary within a noise-sensitive zone at any time.

(5)

Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, trash cans, garbage cans or similar objects between the hours of 10:00 p.m. (LT) and 7:00 a.m. (LT) of the following day on weekdays and 10:00 p.m. (LT) and 8:00 a.m. (LT) of the following day, when the following day is a Saturday or Sunday, in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise-sensitive zone.

(6)

Vehicle, motorcycle or motorboat operation, repairs and testing. Operating, repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance on a public right-of-way or across a residential real property boundary within a noise-sensitive zone.

(7)

Construction work or activities: Construction work or activities relating to construction work between the hours of 10:00 p.m. and 7:00 a.m. of the following day on weekdays and, if the following day is Saturday or Sunday, 10:00 p.m. and 8:00 am.

[Amended 8-8-2006 by Ord. No. 6-2006; 11-10-2014 by Ord. No. 4-2014]

(8)

Noise and disorderly conduct prohibited. It shall be unlawful for any person by noisy or disorderly conduct to disturb or interfere with the quiet and good order of any place of assembly, public or private, including schools, churches, libraries and reading rooms, or take part in any riotous or other disorderly conduct that shall disturb the peace and quiet of any family or neighborhood or any of the inhabitants of the Borough of Upland.

(9)

General noise prohibitions.

(a)

The making, creating or permitting of any unreasonably loud, disturbing or unnecessary noise within the Borough of Upland is hereby prohibited.

(b)

The making, creating or permitting of any noises of such character, intensity or duration that is detrimental to the life, health or welfare of any individual or which, either steadily or intermittently, annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual is hereby prohibited.

(c)

Yelling, shouting, hooting, whistling or singing on public streets, particularly between the hours of 11:00 p.m. (LT) and 7:00 a.m. (LT), or at any time or place so as to annoy or to disturb the quiet, comfort or repose of persons in any office or in any dwelling or other type of residence or of any persons in the vicinity is hereby prohibited.

(d)

It is strictly forbidden to discharge or set off noise-making fireworks unless a permit, for the purpose of entertainment, to do so has been granted by Borough Council.

[Added 8-28-2018 by Ord. No. 2-2018]

§ 126-5 Exceptions.

The provisions of this section of this chapter shall not apply to:

The emission of sound for the purpose of alerting persons to the existence of an emergency.

The emission of sound in the performance of emergency work.

The emission of sound in situations within the jurisdiction of the Occupational Safety and Health Act.

Noise from Borough of Upland sponsored or approved celebrations or events.

Noise from domestic power tools, lawn mowers and hedge trimmers and edgers or agricultural equipment when operated with a muffler between the hours of 7:00 a.m. (LT) and 8:00 p.m. on weekdays and 8:00 a.m. (LT) and 8:00 p.m. (LT) on weekends and legal holidays.

Sound for church bells or church chimes when scheduled or part of a religious observance or service.

Noise from snow blowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal between the hours of 7:00 a.m. (LT) and 8:00 p.m. on weekdays and 8:00 a.m. (LT) and 8:00 p.m. (LT) on weekends and legal holidays.

Noise from stationary emergency signaling devices that conform with the applicable provisions of the 75 Pa.C.S.A. § 101 et seq., the Vehicle Code, as amended.

Noise from an exterior burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within 15 minutes after it has been activated.

§ 126-6 Violations and penalties.

Any person or persons violating the provisions of this chapter, as supplemented, as herein set down, upon conviction thereof before any District Justice, shall pay a fine of not more than $600, plus costs of prosecution for the first offense and, in default of such fine and costs, be confined in the Delaware County Prison for not more than 30 days.

[Amended 12-10-1996 by Ord. No. 9-1996]

[1]Each time such person shall be notified by an appropriately empowered Noise Control Officer in the legal pursuit of the intent of this § 126-6, or by service of summons in a prosecution or in any other legal way, that he or she is committing such a violation of this section, shall constitute a separate or subsequent offense punishable as provided herein.

[1]

Editor's Note: Original Section 23.6B, providing for subsequent offenses, which immediately preceded this subsection, was deleted 12-10-1996 by Ord. No. 9-1996.

§ 126-7 Other remedies.

No provision of this chapter shall be construed to impair any common law or statutory cause of action or legal remedy therefrom of any person for injury or damage arising from any violation of this chapter or from other law.