[Ord. 881, 1/24/2005]
The Town Council of the Town of Bloomsburg makes the following
findings:
A.
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.
B.
Excessive noise levels degrade the environment and detract from the
quality of life within the Town of Bloomsburg.
C.
Excessive noise levels limit the quiet enjoyment of the properties
of the residents of the Town of Bloomsburg.
D.
Excessive noise levels constitute a safety hazard in the form of
distractions to the traveling public and to pedestrians.
E.
Excessive levels of noise degrade the environment and detract from
the quality of life in the Town of Bloomsburg.
F.
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]
The event known as the "Bloomsburg Fair" that is held one
time annually by the Bloomsburg Fair Association, which occurs for
a period of seven to 10 consecutive days during the months of September
and/or October.
[Added by Ord. No. 1033, 11/14/2022]
A sound meter meeting the requirements of the American National
Standards Institute (ANSI) S1.4 for a Type 1 or Type 2 sound meter
device. Measurements shall be made using the A-weighted scale and
slow response. The sound meter shall be self-tested on the day that
it was used via a calibration process approved by the sound level
meter manufacturer and shall be certified via the manufacturer or
via an accredited third-party calibration facility to be accurate
within accepted standards by the manufacturer within one year prior
to its use.
[Added by Ord. No. 1033, 11/14/2022]
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:
[Amended by Ord. No. 1033, 11/14/2022]
Any individual, corporation, partnership, firm or any legal
successor, representative or agent of the foregoing.
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.
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.
A.
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, high fidelity 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. In addition to the foregoing
described noise disturbances, exceeding 65 dBA between 7:00 a.m. and
10:00 p.m. or 50 dBA between 10:00 p.m. and 7:00 a.m. at or within
the real property boundary of any residentially zoned property receiving
such sound, when evaluated using an approved sound meter, shall also
be considered a noise disturbance and a violation of this Part.
[Amended by Ord. No. 1033, 11/14/2022]
B.
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 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. In addition to the foregoing described
noise disturbances, exceeding 65 dBA between 7:00 a.m. and 10:00 p.m.
or 50 dBA between 10:00 p.m. and 7:00 a.m. at or within the real property
boundary of any residentially zoned property receiving such sound,
when evaluated using an approved sound meter, shall also be considered
a noise disturbance and a violation of this Part.
[Amended by Ord. No. 1033, 11/14/2022]
C.
Motor Vehicles and Motorcycles.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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; as amended by Ord. No. 1033, 11/14/2022]
This Part shall not apply to:
A.
Emergency Services/Municipal Services/Public Utilities.
(1)
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.
(2)
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.
B.
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.
C.
Nonconforming Uses. Sounds generated in commercial and industrial
zoning districts or by recognized nonconforming uses which are necessary
and incidental to the uses permitted, provided such sounds do not
exceed 65 dBA between 7:00 a.m. and 10:00 p.m. or 50 dBA between 10:00
p.m. and 7:00 a.m., for a cumulative period of more than 10 minutes
in any one hour, at or within the real property boundary of any residentially
zoned property receiving such sound, when evaluated using an approved
sound meter.
D.
Town, County and State Events.
(1)
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. Notwithstanding the foregoing, this exemption shall not apply to activities occurring at the Bloomsburg Fairgrounds, which are addressed in § 10-205D(3).
(2)
Sound generated at any time from school-sponsored athletic or
recreational events.
(3)
Activities at the Bloomsburg Fairgrounds during the annual fair
event, except that motorized racing and motorized vehicle exhibition
activities shall not be exempt under this section.
(4)
Fireworks displays pursuant to a properly issued permit.
[Ord. 881, 1/24/2005; as amended by Ord. No. 1033, 11/14/2022]
1.
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.
2.
Penalties. Any person violating this Part shall, upon conviction
in a summary proceeding, be sentenced to pay a fine not to exceed
$1,000 for the first offense and $2,000 for each subsequent offense,
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.
3.
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 an approved sound meter as set forth herein.
4.
Approved Sound Meters. When a noise disturbance is proved through the use of an approved sound 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 approved sound meter meets the requirements for such meters contained in § 10-203.
5.
Legal Actions. The Police Department or the Code Enforcement Officer
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. In addition, the Town may institute injunctive
or any other appropriate action or proceeding at law or in equity
for the enforcement of this Part. Any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, mandamus, or other appropriate forms of remedy or relief.
