[HISTORY: Adopted by the Borough Council
of the Borough of Upland 8-13-1996 by Ord. No. 4-1996. Amendments noted where
applicable.]
A.
The Borough of Upland is a predominantly residential
community located in Delaware County in the State of Pennsylvania.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Such methods and means of abatement differ depending
upon the particular type of noise or vibration involved.
H.
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.
I.
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.
J.
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.
As used in this section and associated subsections
of this chapter, the following terms shall have the meanings indicated:
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.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
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.
A device for abating the noise of the exhaust gases of an
internal combustion engine, compressor or vacuum pump.
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.
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.
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.
Any area of potential noise disturbance, for example, hospitals,
schools, houses of worship, recreational areas and residences.
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.
Any street, avenue, highway, sidewalk or alley, waterway
or similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
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.
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]
A.
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.
B.
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:
A.
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.
B.
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]
The provisions of this section of this chapter
shall not apply to:
A.
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
B.
The emission of sound in the performance of emergency
work.
C.
The emission of sound in situations within the jurisdiction
of the Occupational Safety and Health Act.
D.
Noise from Borough of Upland sponsored or approved
celebrations or events.
E.
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.
F.
Sound for church bells or church chimes when scheduled
or part of a religious observance or service.
G.
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.
H.
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.
I.
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.
A.
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]
B.
[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.
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.
