[HISTORY: Adopted by the Borough Council
of the Borough of Marietta 7-8-1986 by Ord. No. 86-7 (Ch. 65 of the 1983 Code).
Amendments noted where applicable.]
The Council, finding that excessive levels of
sound are detrimental to the physical, mental and social well-being
of the residents as well as to their comfort, living conditions, general
welfare and safety and being therefore a public health and welfare
hazard, hereby declares it to be necessary to provide for the greater
control and more effective regulation of excessive sound and the sources
of excessive sound within the Borough.
This chapter shall also be known as the "Marietta
Noise Control Ordinance."
A.
All terminology used in this chapter, not defined
below, shall be in conformance with the applicable publications of
the American National Standards Institute [ANSI S1.1-1960 (R1971)
and its revisions] or its successor body.
B.
AMBIENT NOISE
A-WEIGHTED SOUND LEVEL
CONSTRUCTION OPERATION
DECIBEL (dB)
EMERGENCY
EMERGENCY WORK
IMPULSIVE SOUND
MUFFLER OR SOUND DISSIPATIVE DEVICE
NOISE
NOISE DISTURBANCE
PERSON
POWERED MODEL VEHICLE
PROPERTY LINE (BOUNDARY)
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
PURE TONE
REAL PROPERTY
SOUND
SOUND LEVEL
SOUND-LEVEL METER
The following words, terms and phrases, when used
in this chapter, shall have the meanings herein given, except where
the context clearly indicates a different meaning:
The all encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
The sound pressure level in decibels as measured on a sound-level
meter using the A-weighting network. The level so read is designated
dB(A).
The erection, repair, renovation, demolition or removal of
any building or structure; and the excavation, filling, grading and
regulation of lots in connection therewith.
A unit for measuring the sound pressure level, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop forge impacts and the discharge of firearms.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which:
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. Whenever used
in any clause prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers, or any of
them, of partnerships and associations and as for corporations, the
officers and managers thereof or any of them.
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designed to carry persons, including
but not limited to any model airplane, boat, car or rocket.
An imaginary line drawn through the points of contact and
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons; a demarcation or a line
of separation of properties, and also, for two or more buildings sharing
common grounds, the line drawn midway between any two such buildings.
All areas devoted to public rights-of-way shall be deemed to be across
the "property line." For the purpose of this definition, the "property
line" includes all points on a plane formed by projecting the property
line in a manner deemed appropriate by the enforcing police officer.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a government entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
Any sound which can be heard as a single pitch or a set of
single pitches. For the purpose of this chapter; a "pure tone" shall
exist if the 1/3 octave band sound pressure level in the band with
the tone exceeds the arithmetic average of the sound pressure levels
of the two contiguous octave bands by five dB for center frequencies
of 500 Hz and above and by eight dB for center frequencies between
160 Hz and 400 Hz and by 15 dB for center frequencies less than or
equal to 125 Hz.
All land whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
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, or the superposition
of such propogated oscillation which evokes an auditory sensation.
The description of "sound" may include any characteristics of such
sound, including duration, intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound-level meter and frequency weighting network, such a A, B or
C, as specified in the American National Standards Institute specifications
for sound level meters (ANSI S1.4-1971, or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and any applicable
weighting network used to measure sound pressure levels, which meets
or exceeds the requirement for a Type I or Type II sound-level meter
as specified in ANSI Specification S1.4-1971. The manufacturer's published
indication of compliance with such specifications shall be prima facie
evidence of such compliance.
No person shall make, continue or cause to be
made or continued any noise disturbance, nor shall any person suffer,
allow or permit any noise disturbance to be made or continued from
or at any property, whether real or personal, that is subject to such
person's right to control.
The following acts, and the causing thereof,
are declared to be noise disturbances and therefore in violation of
this chapter:
A.
Radios, television sets, musical instruments and similar
devices. Operating, playing or permitting the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound
amplifier, automobile radio, automobile stereo, high fidelity equipment
or similar device which produces, reproduces or amplifies sound as
follows:
(1)
At any time in such manner as to cause a noise disturbance
across a property line (boundary) or between the hours of 9:00 p.m.
and 8:00 a.m. so as to be plainly audible across a property line (boundary);
(2)
In such a manner as to create a noise disturbance
across a property line (boundary) or at 50 feet from such device,
whichever is less, when the device is operated in or on a motor vehicle,
or hand carried, on a public right-of-way or public space; or
(3)
In such manner as to create a noise disturbance to
any person other than the operator of the device, when operated by
any passenger or a common carrier.
C.
Construction.
(1)
Operating or permitting the operation of any tools
or equipment used in construction operations, drilling or demolition
work:
(a)
Between the hours of 9:00 p.m. and 7:00 a.m.
the following day on weekdays and Saturdays or at any time on Sundays
or legal holidays, such that the sound therefrom creates a noise disturbance
across a residential real property (boundary) line, except for emergency
work; or
(b)
At any other time such that the sound level
at or across a real property line (boundary) exceeds 85dB(A) for a
period of one hour.
D.
Domestic power tools. Operating or permitting the
operation of any mechanically powered saw, drill, sander, grinder,
lawn or garden tool, snow blower or similar device used outdoors in
residential areas, between the hours of 9:00 p.m. and 8:00 a.m. so
as to cause a noise disturbance across a residential property line
(boundary).
E.
Loading and unloading. Loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials,
garbage cans or similar objects, between the hours of 9:00 p.m. and
8:00 a.m. the following day, in such a manner as to cause a noise
disturbance across a residential property line (boundary). This section
shall not apply to municipal or utility services in or about the public
right-of-way.
F.
Animals and birds. Owning, possessing, harboring or
controlling any animal or bird which howls, barks, meows, squawks
or makes other sounds continuously and/or incessantly for a period
of 10 minutes or makes such noise intermittently for 1/2 hour or more
to the disturbance of any person at any time of the day or night,
regardless of whether the animal or bird is situated in or upon private
property: provided, however, that at the time the animal or bird is
making such noise, no person is trespassing or threatening to trespass
upon private property in or upon which the animal or bird is situated
or for any other legitimate cause which teased or provoked the animal
or bird.
G.
Powered model vehicles. Operating or permitting the
operation of powered model vehicles so as to create a noise disturbance
across a residential property line (boundary) between the hours of
9:00 p.m. and 8:00 a.m. the following day.
H.
Street sales. Offering for sale or selling by shouting
or outcry or by any other amplified or unamplified sound within any
residential or commercial area, except between the hours of 8:00 a.m.
and 9:00 p.m.
I.
Tampering. The following acts or the causing thereof
are prohibited:
(1)
The removal or rendering inoperative by any person,
other than for purposes of maintenance, repair or replacement, of
any muffler or sound dissipative device or element of design or noise
label of any product.
(2)
The intentional moving or rendering inaccurate or
inoperative of any sound monitoring instrument or device positioned
by or for the Susquehanna Regional Police Department, provided that
such device or the immediate area is clearly labeled in accordance
with noise control regulations, to warn of the potential illegality.
(3)
The use of a product which has had a muffler or sound
dissipative device or element of design or noise label removed or
rendered inoperative, with knowledge that such action has occurred.
J.
Vehicle, motorboat or aircraft repairs and testing.
Repairing, rebuilding or testing any motor vehicles, motorcycle, motorboat
or aircraft in such a manner as to cause a noise disturbance across
a residential real property line (boundary).
A.
Motor vehicles and motorcycles on public rights-of-way.
No person shall operate or cause to be operated a public or private
motor vehicle or motorcycle or any equipment attached to such vehicle
on a public right-of-way, at any time, in such a manner that the sound
level emitted by the motor vehicle or motorcycle or any equipment
attached to such a vehicle exceeds the level set forth in Title 67,
Chapter 450, of the Pennsylvania Department of Transportation Regulations
(Established Sound Levels).
B.
Standing motor vehicles. No person shall operate or
permit the operation of any motor vehicle or any auxiliary equipment
attached to such a vehicle for a period longer than 15 minutes in
any hour while the vehicle is stationary, for reasons other than traffic
congestion, anywhere within 150 feet of any residence in such a manner
as to cause a noise disturbance across a residential property line
(boundary).
C.
Unnecessary horn blowing. No person shall at any time
sound the horn or other warning device of a vehicle except when absolutely
necessary as a warning while actually driving such vehicle.
D.
Sound trucks. No person shall operate sound amplifying
equipment mounted on or attached to any motor vehicle at any time
in such a manner as to exceed the maximum permissible motor vehicle
noise emissions.
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 property line (boundary) from the
property on which the source of the noise is generated, shall be prima
facie evidence of a noise disturbance.
The following sounds are exempted from the provisions
of this chapter:
A.
Amplified announcements: electronically amplified
announcements at athletic events.
B.
Blasting: blasting under permit issued in accordance
with law, which blasting may occur only between the hours of 9:00
a.m. and 4:00 p.m.. Monday through Friday, unless specifically authorized
by such permit.
C.
Concerts, etc.: band concerts, block parties, church
carnivals or other performances or similar activities publicly or
privately sponsored and presented in any public or private space outdoors,
provided that such activities do not occur between the hours of 10:00
p.m. and 8:00 a.m. the following day.
D.
Emergency work: sounds caused by the performance of
emergency work, or by the ordinary and accepted use of emergency apparatus
and equipment.
E.
Municipal and utility services: sound resulting from
the repair or replacement of any municipal or utility installation
in or about the public right-of-way.
F.
School and public activities: sounds not electronically
amplified, created by organized school-related programs, activities,
athletic and entertainment events or other public programs, activities
or events, other than motor vehicle racing events.
G.
Warning devices. Sounds made by warning devices continuously
for three minutes or less, except in the event of an actual emergency,
the time limitation shall not apply.
A.
Variances.
(1)
Authority. The Noise Control Board shall have the
authority to grant variances, consistent with the provisions of this
section, after public hearing, upon the application of any person
who owns, controls or operates any sound source which does not comply
with the provisions or standards of this chapter.
(2)
Application. The application shall state the standard,
provision or section from which the variance is being sought and the
period of time and reasons for which the variance is sought. It shall
contain information which demonstrates that bringing the sources of
sound or activity for which the variance is being sought into compliance
with this chapter would constitute an unreasonable hardship on the
applicant, and it shall contain any other supporting information which
may reasonably be required.
(3)
Public notification. Public notice of an application
and the date, time and place of the public hearing to be held thereon
for a variance shall be given by publishing notice thereof in a newspaper
of general circulation in the Borough at least once, not less than
three days prior to the scheduled public hearing and by, if practicable,
conspicuously posting the premises that is the source of the sound
for which the variance is sought.
(4)
Hearing. The Board shall hold a public hearing to
decide variance applications presented to it. Any person who claims
to be affected by allowance of the variance may become a party to
the hearing.
(5)
Review standards. In determining whether to grant
or deny the application, the Board shall balance the hardship to the
applicant versus the adverse impact to the public health, safety and
welfare and shall consider at a minimum the following conditions:
(a)
The physical characteristics of the emitted
sound.
(b)
The times and duration of the emitted sound.
(c)
The geography, zone and population density of
the affected area.
(d)
Whether the public health and safety is endangered.
(e)
Whether the sound source predates the receiver(s).
(f)
Whether compliance with the standard(s) from
which the variance is sought would produce hardship without equal
or greater benefit to the public.
(6)
Decision. The Board shall render a written decision
in granting or denying the application for variance and, if denied,
shall state the reasons therefor. The Board's decision shall be made
available to the applicant and any other person who requests it in
writing. In granting a variance, the Board may attach reasonable conditions,
including but not limited to placing a time limit on the permitted
activity and/or establishing a time schedule within which the source
of sound or activity for which the variance was sought must be brought
into compliance with this chapter. Where the grant of a variance is
conditioned, the variance shall not become effective until all conditions
are agreed to by the applicant. Noncompliance with any condition of
the variance shall terminate it and subject the person holding it
to those provisions of this chapter regulating the source of sound
or activity for which the variance was granted. Variances may be granted
for a period of up to one year. The person obtaining the variance
may reapply for additional variance periods under terms set forth
by the applicant and the Board.
(7)
Appeals. Appeal from an adverse decision of the Board
shall be made to the Court of Common Pleas of Lancaster County.
B.
Special variances. The Susquehanna Regional Police Department may, upon application and guided by the standards for review set forth in Subsection A(5) hereof, grant special variances for infrequent events or activities which do not exceed 24 hours in duration. Such special variances are not renewable except by action of the Board pursuant to Subsection A hereof. The Board shall hear and decide all appeals from the denial of a special variance, the practice and procedure thereon to be in accordance with Subsection A hereof.
C.
Noise Control Board. The Noise Control Board, for
the purposes of this chapter, shall be the Zoning Hearing Board, which
Board shall have full authority to carry out the duties of the Noise
Control Board, as set forth in this chapter. All applications to the
Board shall be filed through the Zoning Officer and shall be accompanied
by an application fee in an amount established by resolution of the
Borough Council. The hearing shall be held not more than 30 days following
the filing of the application and the decision thereon rendered within
45 days of the last hearing in the case before the Board.[1]
This chapter shall be enforced by the Susquehanna Regional Police Department. In addition, the Dog Law Enforcement Officer shall be authorized to enforce § 229-5F and, in so doing, shall have the powers of a police officer, except the power of arrest.
A.
In the event that any provision, section, sentence,
clause or part of this chapter shall be held to be invalid, illegal
or unconstitutional, such invalidity, illegibility or unconstitutionality
shall not affect or impair any remaining provision, section, sentence,
clause or part of this chapter, it being the intent of the Borough
that such remainder shall remain in full force.
B.
All ordinances or part of ordinances conflicting with
the provisions of this chapter are hereby repealed.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this chapter in equity in the Court of Common Pleas of
Lancaster County.
