[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]
ANNUAL FAIR EVENT
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]
APPROVED SOUND METER
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]
NOISE
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 sound which:
[Amended by Ord. No. 1033, 11/14/2022]
A. 
Endangers or injures the safety or health of humans or animals.
B. 
Annoys or disturbs a reasonable person of normal sensitivities.
C. 
Endangers or injures personal or real property.
D. 
Exceeds the sound pressure levels as set forth in this Part.
PERSON
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.
SOUND
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.