[Ord. 5-2004, 6/9/2004, § 1]
It shall be unlawful for any person to make, continue or cause
to be made or continued, any loud, unnecessary or unusual noise or
any noise which either annoys, disturbs, injures or endangers the
comfort, repose, help, peace or safety of others within the limits
of the Borough of Conshohocken. To be a violation of the law, the
noises must either be excessively annoying, loud or unusual or violate
the noise levels. The level of prohibited, loud, annoying, or excessive
noise shall be deemed any noise level that exceeds 60dB(A) or 10dB(a)
above the ambient noise level. This standard shall be applied to all
subsequent Sections.
[Ord. 5-2004, 6/9/2004, § 2]
As used in this Part, the following terms shall have the meanings
indicated:
Those vehicles operated by a law enforcement agency, fire
company/department or emergency medical service provider.
[Ord. 5-2004, 6/9/2004, § 3]
Any decibel measurement made pursuant to the provisions of this
Part shall be based on the referenced sound pressure and measured
with a sound-level meter using the A-weighting scale.
[Ord. 5-2004, 6/9/2004, § 4]
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises and a violation of this Part, but said enumeration
shall not be deemed to be exclusive, namely:
A.
Horns, Signaling Devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or public space of the Borough except as a danger warning; the creation
by means of any such signaling device of any unreasonably loud or
harsh sound; and the sounding of any such device for an unnecessary
or unreasonable period of time. Exception: Emergency Vehicles.
B.
Radios, Televisions, Stereos and Sound-Amplifying Equipment. Radios,
televisions, stereos, and other sound-amplifying equipment shall be
operated in such a manner that the noise level will not exceed the
prohibited ambient noise level, whichever is higher, when measured
at the property line of any residential property, or, if a condominium
or apartment occupancy, within any adjoining apartment; provided that
between 10:00 p.m. (2,200 hours) and 7:00 a.m.(0700 hours) Sunday
through Thursday. On Friday and Saturday the hours shall be 11:00
p.m. (2,300 hours) through 7:00 a.m. (0700 hours). Such equipment
shall not be operated so as to be plainly audible within any dwelling
unit which is not the source of the sound.
C.
Loudspeakers, Amplifiers for Advertising, etc. The using or operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the production or reproduction of sound
which is cast upon the public streets for the purpose of commercial
advertising, political campaigning or attracting the attention of
the public to any cause, building or structure except with a valid
permit from the Mayor. Permissible decibel rating shall be decided
upon a case-by-case basis.
D.
Animals, Birds, etc. The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort or repose
of any person in the vicinity from the hours of 9:00 p.m. and 7:00
a.m. the following day. To be a violation, a noise must be continuous
for five minutes or intermittently for 30 minutes.
E.
Rubbish, Garage Collection and Disposal. It shall be unlawful for
any person engaged in the business of recycling, collecting or disposing
of rubbish or garbage, to operate any refuse disposal truck, parking
lot sweeper, or vacuum truck, or to collect, load, puck up, transfer,
unload, dump, discard, sweep, vacuum, or dispose of any rubbish or
garbage, within 100 feet of any residential building between the hours
of 6:00 p.m. and 7:00 a.m. of the following day.
F.
Exhaust. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, general pressure valve
relief, or motor vehicle except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
G.
Loading, Unloading or Opening of Containers. The creation of loud
and excessive noise in conjunction with the loading or unloading of
any vehicle or the opening or destruction of bales, boxes, crates
and containers between the hours of 6:00 p.m. and 7:00 a.m. the following
day.
H.
School and Church Zones. The creation of any excessive noise on any
street adjacent to any school, institution of learning or church while
the same are in use which unreasonably interferes with the workings
of such institution.
I.
Construction-Related Noise Hours. Construction by contractors: Monday
to Friday only, 7:00 a.m. to 5:30 p.m. Borough-wide. Saturday 8:30
a.m. to 5:00 p.m.
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* Note: Construction performed by contractors is not permitted
on Sundays or holidays. In the event an emergency is declared by the
Mayor, a special work permit may be granted for a period not to exceed
three days or less while the emergency continues.
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* Note: Construction sites are not permitted to load, unload,
or warm up equipment before or after permitted hours. Personnel on
construction sites will be cited for the use of foul and/or vulgar
language heard by any resident or passer-by. This includes the loading
and unloading of any and all containers, storage bins and trash dumpsters.
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K.
Powered Equipment Intended for Repetitive Use in Residential Areas.
Between the hours of 9:00 p.m. and 7:00 a.m. the following day, no
person shall operate any lawn mower, backpack blower, lawn edger,
riding tractor, or any other related machinery.
[Ord. 5-2004, 6/9/2004, § 5]
It is recommended that upon the first violation of this Part
that a written warning be issued by the enforcement officer. Thereafter,
any person, firm or corporation who shall violate any provision of
this Part shall, upon conviction thereof, be sentenced to pay a fine
of not more than $1,000, plus costs, and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each day that a violation continues shall constitute a separate offense.
