[HISTORY: Adopted by the Borough Council of the Borough of
Jenkintown 12-17-2007 by Ord. No. 2007-7. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 181.
A.
The Jenkintown Borough Council finds that excessive noise can be
a serious hazard to the public health, welfare, safety and quality
of life and that the public has a right to and should be ensured of
an environment free of excessive noise. Therefore, the Jenkintown
Borough Council enacts this chapter to prevent excessive noise that
may jeopardize the health, welfare or safety or degrade the quality
of life of the citizens of Jenkintown Borough.
B.
This chapter shall apply to the control of noise originating within
the territorial boundaries of Jenkintown Borough.
It shall be unlawful for any person to create, cause, allow, permit or emit any sound constituting a noise disturbance as defined in § 105-3 of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any sound which, by reason of its volume, tone, pitch, timbre, duration, repetitiveness, pulsation or harshness, annoys, disturbs or perturbs; or which endangers the health, welfare, safety or repose of or which degrades the quality of life of reasonable persons with normal sensitivities; or any sound which, when measured, exceeds the noise levels established in § 105-4 of this chapter.
A.
The maximum sound level emitted from any property or public place,
as measured at or beyond the lot line of the emitting property or
public space, shall not exceed the following limits:
(1)
Where the emitting property is within a residential zone, 60 dBA
daytime and 55 dBA nighttime.
(2)
Where the emitting property is within a business, commercial, light
industrial or otherwise nonresidential zone, 75 dBA daytime and 65
dBA nighttime.
(3)
In multidwelling buildings within any zone, the maximum sound level
emitted from any unit, as measured within any other unit: 50 dBA daytime
and 40 dBA nighttime.
B.
Special rule for live shows.
(1)
"Live show" is any musical and/or theatrical performance given by
live entertainers for viewing by patrons in or at a place of public
dining or entertainment or private club located in a nonresidential
zone, whether or not an admission charge is made.
(2)
The maximum sound level emitted from any property providing, permitting
or allowing any live show, as measured at or beyond the lot line of
the emitting property, shall not exceed 78 dBA.
C.
Sound levels shall be measured by enforcing personnel using instruments
conforming to the standards of the American National Standards Institute
(ANSI) for measuring sound levels in effect at the time of the noise
disturbance and in accord with the instrument manufacturer's
instructions for use, calibration and recording of sound level measurements.
D.
"Daytime" shall be between the hours of 7:01 a.m. and 9:00 p.m. on
Monday through Friday; 8:01 a.m. and 9:00 p.m. on Saturday; and 9:01
a.m. and 9:00 p.m. on Sunday and legal holidays. "Nighttime" shall
be between 9:01 p.m. on all days and 7:00 a.m. on Monday through Friday,
8:00 a.m. on Saturday and 9:00 a.m. on Sunday and legal holidays,
all according to prevailing time.
E.
No outdoor sound level measurements shall be taken when wind speeds
exceed 15 miles per hour or during any periods of precipitation.
A.
It shall be unlawful for any person to create, cause, permit or allow the following acts of noise disturbance during nighttime hours, as defined in § 105-4D.
(1)
The erection, demolition, excavation, alteration, construction or repair of any building, roadway or public place except for emergency work, as defined in § 105-6.
(2)
The operation of the engine of any standing motor vehicle with a
manufacturer's gross vehicle weight exceeding 10,000 pounds for
a period in excess of five minutes.
(3)
The operation of any trash-collecting or -compacting vehicle.
A.
The following acts shall not constitute unlawful noise disturbance:
(1)
The operation of emergency signaling devices.
(2)
The operation of church bells or chimes in connection with any house
of worship's observance or service.
(3)
The operation of domestic power tools, lawn mowers, leaf blowers, snow removal devices, or other domestic power equipment designed and used for the maintenance and upkeep of property exteriors, when used during daytime hours as defined in § 105-4D.
(4)
The operation of power tools and motorized equipment used for the trimming and maintenance of trees by contractors, during daytime hours as defined in § 105-4D.
(5)
The operation of any emergency vehicles or equipment while attending
to any emergency or while proceeding to or returning from the scene
of any emergency.
(6)
The operation of any construction vehicles, tools or equipment during
the course of effecting emergency repair or restoration of any roadway,
sewer, utility installation, or unsafe building or structure, or removal
of fallen trees or branches.
(7)
The operation or conducting of any municipally sponsored or approved
celebrations or events.
