Mount Joy Borough Council, finding that excess levels of sound
are detrimental to the physical, mental and social well-being of the
citizens, 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 of Mount Joy.
This chapter shall be known as the "Mount Joy Borough Noise
Control Ordinance."
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
AMBIENT SOUND
The all-encompassing sound associated with a given environment,
usually a composite of sounds from many sources near and far.
A-WEIGHTED SOUND LEVEL
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).
CONSTRUCTION OPERATION
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.
DECIBEL (dB)
A unit for measuring the sound-pressure level, equal to 20
times the logarithm to the base of 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
IMPULSIVE SOUND
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.
NOISE DISTURBANCE
Any sound which endangers or injures the safety or health of humans or animals; annoys or disturbs a reasonable person of normal sensitivities; endangers or injures personal or real property; or is in excess of the sound levels by zoning districts established in §
170-5.
PERSON
Any individual, association, limited-liability company, 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.
POWERED MODEL VEHICLE
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.
PROPERTY LINE (BOUNDARY)
Any imaginary line drawn through the points of contact of
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 any two or more buildings sharing common
grounds, the line drawn midway between any two said 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 officer.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or
controlled by a governmental entity.
RESPONSIBLE PARTY
May be a person or individual or, in the case of a business
or restaurant, shall be the business owner as it appears on the tax
records.
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, or the superposition
of such propagated oscillation which evokes an auditory sensation.
The description of sound may include any characteristics of such sound,
including duration, intensity and frequency.
SOUND LEVEL
The weighted sound-pressure level obtained by the use of
a sound-level meter and frequency weighting network, such as 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.
SOUND-LEVEL METER
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 requirements for a Type I or Type II sound-level meter
as specified in ANSI Specifications S1.4-1971. The manufacturer's
published indication of compliance with such specifications shall
be prima facie evidence of such compliance.
ZONING DISTRICTS
The land use districts established by Chapter
270, Zoning, of the Code of the Borough of Mount Joy and all subsequent amendments.
The following sounds are exempted from the provisions of this
chapter:
A. Amplified announcements: electronically amplified announcements at
athletic events.
B. Blasting, under permit by the Code Enforcement Officer and Fire Chief.
C. Concerts, etc. Band concerts, block parties, carnivals or other performances
or similar activities publicly or privately sponsored and presented
in any public or private space outdoors shall be exempt from the provisions
of this chapter, provided that:
(1) Such activities do not produce sound 15 dB above the sound levels set forth in Table I of §
170-5 of this chapter at any one point in time;
(2) Such activities do not occur between the hours of 10:00 p.m. and
8:00 a.m.; and
(3) Authorization to hold the functions was preapproved by the Borough
Council.
D. Emergency work: sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
Snow removal shall be considered emergency work.
E. Government and utility services: sounds resulting from the repair
or replacement of any government or utility installation in or about
the public right-of-way; utility services shall include the Borough
trash collection program through its contracted bid.
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.