[HISTORY: Adopted by the Borough Council of the Borough of
Mount Joy 12-6-2010 by Ord. No. 4-10. Amendments noted where applicable.]
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:
The all-encompassing sound associated with a given environment,
usually a composite of sounds from many sources near and far.
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).
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith.
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).
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
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.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
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.
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.
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.
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.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
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.
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.
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.
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.
The land use districts established by Chapter 270, Zoning, of the Code of the Borough of Mount Joy and all subsequent amendments.
A.
Noise disturbance prohibited. No person shall make, continue or cause
to be made or continued any noise disturbance, nor shall any person
suffer, allow or permit any noise disturbance to be made or continued
from or at any property, whether real or personal.
B.
Specific prohibitions. The following acts and the causing thereof
are declared to be noise disturbances and therefore in violation of
this chapter:
(1)
Radios, television sets, musical instruments and similar devices:
operating, playing or permitting the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier,
automobile radio, automobile stereo or high-fidelity equipment or
similar device which produces, reproduces or amplifies sound:
(a)
In such a manner as to cause a noise disturbance across a property
line (boundary);
(b)
In such a manner as to create a noise disturbance across a property
line (boundary) or at 50 feet from such device, whichever is less,
when the device is operated in or on a motor vehicle or hand carried
on a public right-of-way or public space; or
(c)
In such a manner as to create a noise disturbance to any person
other than the operator of the device when operated by any passenger
or a common carrier.
(2)
Yelling and shouting: engaging in loud or raucous yelling, shouting,
hooting, whistling or singing on the public streets between the hours
of 10:00 p.m. and 7:00 a.m. or at any time or place in such a manner
as to create a noise disturbance.
(3)
Construction:
(a)
Operating or permitting the operation of any tools or equipment used
in construction operation, drilling or demolition work:
[1]
Between the hours of 8:00 p.m. and 7:00 a.m. the following day on
weekdays and Saturdays or at any time on Sundays or legal holidays,
such that the sound therefrom creates a noise disturbance across a
residential real property line (boundary), except for emergency work.
[2]
At any other time that the sound level at or across a real property
line (boundary) exceeds 85 dB(A) for a period of one hour.
(4)
Domestic power tools: operating or permitting the operation of any powered saw, drill, sander, grinder, lawn or garden tool or similar device used outdoors in residential areas (See Table I, § 170-5A.) between the hours of 9:00 p.m. and 8:00 a.m. so as cause a noise disturbance across a residential property line (boundary).
(5)
Loading and unloading: loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage
cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m.
the following day in such a manner as to cause a noise disturbance
across a residential property line (boundary). This section shall
not apply to municipal or utility services in or about the public
right-of-way.
(6)
Animals and birds: owning, possessing, harboring or controlling any
animal or bird which howls, barks, meows, squawks or makes other sounds
continuously and/or incessantly for a period of 10 minutes or makes
such noise intermittent for 1/2 hour or more to the disturbance of
any person at any time of the day or night, regardless of whether
the animal or bird is situated in or upon private property; provided,
however, that, at the time the animal or bird is making such noise,
no person is trespassing or threatening to trespass upon private property
in or upon which the animal or bird is situated or for any other legitimate
cause which teased or provoked the animal or bird.
(7)
Powered model vehicles: operating or permitting the operation of
powered model vehicles so as to create a noise disturbance across
a residential property line (boundary) between the hours of 10:00
p.m. and 8:00 a.m.
(8)
Vehicle, motorboat or aircraft repairs and testing: repairing, rebuilding
or testing any motor vehicle, motorcycle, motorboat or aircraft in
such a manner as to cause a noise disturbance across a residential
real property line (boundary).
C.
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 duration of the noise and who reside in separate
apartments and/or condominiums on which the source of the noise is
generated shall be prima facie evidence of a noise disturbance.
A.
Maximum permissible sound levels by zoning districts. No person shall
operate or cause to be operated any source of sound in such a manner
as to create a sound level which exceeds the limits set forth in the
zoning designations category in Table I when measured at or across
the property line (boundary) from the sound source. Any sound source,
whether stationary or nonstationary, including motor vehicles, that
produces sound in excess of those levels shall constitute a noise
disturbance.
|
Table I
| ||
|---|---|---|
|
Sound Level By Zoning Districts
| ||
|
Note: "Residential day" is from 7:00 a.m. to 10:00 p.m., and
"residential night" is from 10:00 p.m. to 7:00 a.m. All levels should
be measured without passing traffic sound in the foreground.
| ||
|
Location
|
Acceptable Sound Level
[dB(A)]
| |
|
Residential day/night (Conservation, Low Density Residential,
Traditional Neighborhood, Medium Density Residential, Medium High
Density Residential, Manufactured Home Park)
|
57/52
| |
|
Commercial (Commercial Business, Commercial Office, General
Commercial)
|
67/62
| |
|
Industrial (Light Industrial, Campus Industrial, General Industrial)
|
77
| |
|
Power equipment/construction at 50 feet
|
85
| |
B.
When exceeded. The sound-level limits set forth in Table I shall
be exceeded when any one or more of the following occur:
(1)
The sound at any one point in time exceeds any of the established
limits in Table I by a measured sound level of 15 dB.
(2)
The sound exceeds, except in the General Industrial District, any
of the established zone limits in Table I by a measured sound level
of three dB continually for a period of five minutes or a total of
five minutes out of any ten-minute period.
C.
Ambient sound. In the event that the background ambient sound levels
in an area of suspected noise disturbance exceed the levels set forth
in Table I, the ambient background sound level shall be substituted
at the Table I sound-level limit to determine whether the sound exceeds
the limits established in Table I.
D.
Where measured. For the purpose of this section, sound shall be measured
at or beyond the property line (boundary) of the property on which
the sound is received.
E.
Measuring instrument. All sound measurements shall be made on a sound-level
meter calibrated in the manner required by the manufacturer's
specifications.
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.
A.
Authority for enforcement. This chapter shall be enforced by the
Borough of Mount Joy Police Department.
B.
Any person who shall violate a provision of this chapter or who shall
fail to comply with any of the requirements thereof shall be liable,
upon summary conviction therefor, to fines and penalties of not less
than $100 nor more than $300, plus all costs of prosecution, for a
first offense; not less than $200 nor more than $600, plus all costs
of prosecution, for a second offense; not less than $300 nor more
than $900, plus all costs of prosecution, for a third offense; and
not less than $1,000, plus all costs of prosecution, for a fourth
or subsequent offense, which fines and penalties may be collected
as provided by law. In all actions, the determination of the number
of offenses shall be calculated for a one-year period, commencing
on the date of the first violation. All fines and penalties collected
for violation of this chapter shall be paid over to the Borough Treasurer.
This chapter may also be enforced by an action in equity brought in
the Lancaster County Court of Common Pleas.
