It shall be unlawful for any person to make, continue, or cause
to be made or continued, any loud, unnecessary, or unusual sound or
noise which unreasonably annoys, disturbs, injures, or endangers the
comfort, repose, health, peace, or safety of others within Mount Gretna
Borough, and which is audible to a person of normal hearing ability
more than 50 feet from the point of origin of this sound or noise.
Specific noises declared to be loud, unnecessary, or unusual
and in violation of this chapter, but these noises are not deemed
to be exclusive:
A. Horns, signaling devices. The sounding of any horn or signaling device
on any automobile, motorcycle or other vehicle on any street or public
place in the Borough, except as a danger warning; the creation of
any unreasonably loud or harsh sound by means of this signaling device
and the sounding of this device for an unnecessary and unreasonable
period of time; the use of any signaling device except one operated
by hand or electricity; the use of any horn, whistle or other device
operated by engine exhaust and the use of this signaling device when
traffic is for any reason held up is prohibited.
B. Radios, phonographs, similar devices. The using, operating or permitting
to be played, used or operated of any radio, television set, compact
disc, CD-ROM, musical instrument, phonograph, computer-generated musical
instrument, or other machine or device for the producing or reproducing
of sound in such manner as to unreasonably disturb the peace, quiet
and comfort of the neighboring inhabitants or at any time with louder
volume than is reasonably necessary for convenient hearing for the
person who is in the room, vehicle or chamber in which this machine
or device is operated and who is a voluntary listener thereto. The
operation of the set, instrument, phonograph machine or device between
the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly
audible at a distance of 50 feet from the room, building, structure
or vehicle in which it is located shall be prima facie evidence of
a violation of this section.
C. Loudspeakers, amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio, television
set, compact disc, CD-ROM, musical instrument, computer-generated
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which
is cast upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or structure
is prohibited. Announcements over loudspeakers shall only be made
by the announcer in person and without the aid of any mechanical device.
D. Yelling, shouting, loud talking, and the like. Yelling, shouting,
loud talking, whistling or singing on the public streets, particularly
between the hours of 10:00 p.m. and 7:00 a.m., in such a manner as
to be plainly audible at a distance of 50 feet from the point of origin,
or at any time or place so as to unreasonably annoy or disturb the
quiet, comfort or repose of persons in any office, dwelling, hotel
or other type of residence or of any persons in the vicinity, is prohibited.
E. Noisy animals or birds. Anyone who keeps or maintains an animal or
bird that unreasonably disturbs the comfort or repose of any person,
because the animal or bird is emitting frequent or long continued
sound or noise, and who continues to keep, maintain or allow any animal
or bird to so disturb the comfort or repose of any person or persons
shall be deemed in violation of this section, provided that the person
keeping or maintaining the animal or bird has been first notified
by the complaining party, a police officer, or other authorized Mount
Gretna Borough representative, that this animal or bird being kept
by the addressee is unreasonably disturbing his or her comfort or
repose. This section shall be liberally construed to accomplish the
objective of the section, and the person making this written notification
need not use the exact words of this section to the addressee so long
as the notification sufficiently informs the addressee of the nature
of the disturbing noise emitted by the animal or bird. Upon receipt
of a certified letter notifying the person keeping or maintaining
such animal or bird, such person shall be required to immediately
comply with this section.
F. Construction or repair of buildings. The erection, excavation, demolition,
alteration or repair of any building other than between the hours
of 7:00 a.m. and 7:00 p.m. on Monday through Saturday, excluding national
holidays, and every Sunday from September 16 through the day before
Memorial Day, and 8:00 a.m. until 5:00 p.m. from Monday through Friday
from Memorial Day until September 15 is hereby prohibited except that
the Director of Public Works may determine when the loss or inconvenience
that would result to the party of interest is of such a nature as
to warrant special consideration, then the Director of Public Works
may grant a permit for a period not to exceed 10 days or less for
the work to be done outside of the restrictive hours as set forth
herein.
[Amended 4-8-2024 by Ord. No. 232]
G. Transportation of metal rails, similar materials. The transportation
of rails, pillars or columns of iron, steel or other material over
and along streets and other public places upon carts, drays, cars,
trucks or in any manner so loaded as to cause unreasonably loud noises
or as to unreasonably disturb the peace and quiet of those streets
or other public places is prohibited.
H. Power equipment, construction equipment, similar equipment. The operation
other than between the hours of 7:00 a.m. and 7:00 p.m. Monday through
Saturday, excluding national holidays and every Sunday, from September
16 until the day before Memorial Day, and 8:00 a.m. until 5:00 p.m.
from Monday through Friday from Memorial Day until September 15 of
any power equipment, construction equipment, or similar equipment,
the use of which is attended by unreasonably loud or unusual sounds
or noises, is prohibited.
[Amended 11-11-2019 by Ord. No. 217; 4-8-2024 by Ord. No. 232]
I. Power equipment. The operation of any noise-creating blower or power
fan or any internal combustion engine, the operation of which causes
noise due to the explosion of operating gases, fluids, battery-operated
or electrical-operated, is prohibited except during the hours of Monday
through Saturday, excluding national holidays, from 7:00 a.m. until
7:00 p.m. from September 16 until the day before Memorial Day, and
Monday through Friday, excluding national holidays, from 8:00 a.m.
until 5:00 p.m. from Memorial Day until September 15.
[Amended 11-13-2017 by Ord. No. 209; 4-8-2024 by Ord. No. 232]
J. Sound trucks. The use of mechanical loudspeakers or amplifiers on
trucks or other moving or standing vehicles for advertising or other
commercial purposes is prohibited. The use of sound trucks for noncommercial
purposes during such hours, and with such unreasonable volume as would
constitute a public nuisance, is prohibited.
K. Exhausts. The discharge into the open air of the exhaust of any stationary
internal combustion engine or motor vehicle or motor boat is prohibited,
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
L. Defect in vehicle or load. The use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such manner as to create
unreasonably loud and unnecessary grating, grinding, rattling or other
noises is prohibited.
M. Loading, unloading, opening boxes. The creation of unreasonably loud
and excessive noise in connection with loading or unloading any vehicle
or the opening and destruction of bales, boxes, crates and containers
is prohibited.
N. Schools, churches, library. The creation of any unreasonably excessive
noise on any street adjacent to any school, institution of learning,
church or library, while the same are in use, which unreasonably interferes
with the normal operation of said institution, provided that conspicuous
signs are displayed in the streets indicating that it is a school,
church, or library, is prohibited.
O. Hawkers, peddlers, vendors. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood
is prohibited.
P. Noises to attract attention. The use of any drum or other instrument
or device for the purpose of attracting attention to any performance,
show, or sale is prohibited.
Q. Operation of motor vehicles. The operation of motor vehicles, including
cars, trucks, motorcycles, upon any parking facility, public or private,
vehicle access or pedestrian walkway, or street, public or private,
so as to create unreasonable noise and to disturb the peace, quiet
and comfort of the inhabitants of the neighborhood is prohibited.
R. Compression brakes. The use of brakes which are activated by the
compression of the engine (i.e., Jacobs brake, jake brake, retarder)
on any truck, automobile, or other vehicle is prohibited, except in
the case of an emergency.
S. Trash;
garbage; recycling collection and pickup. Trash, garbage and recycling
collection and pickup shall only occur on Mondays through Saturdays,
excluding national holidays, between the hours of 7:00 a.m. and 7:00
p.m.. from September 16 until the day before Memorial Day, and from
8:00 a.m. until 5:00 p.m. from Memorial Day until September 15. Trash,
garbage and recycling collection and pickup shall not occur on Sundays.
[Added 9-9-2019 by Ord. No. 216]
The following noises are determined not to be violations of
this chapter:
A. Any vehicle of the Borough, or other governmental agency, while engaged
in necessary public business;
B. Excavations or repairs of streets by or on behalf of the Borough
or state at night when public welfare and convenience renders it impossible
to perform this work during the day;
C. The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial;
D. Aircraft, except model aircraft, operated in accordance with existing
regulations;
E. Police, fire, ambulance, and other governmental emergency vehicles;
F. Governmental warning devices (i.e., civil defense fire siren);
G. Backup alarm devices on vehicles and other equipment;
H. Home and business alarms;
I. Repair and/or maintenance to facilities of public utilities;
J. All safety signals and warning devices (e.g., stationary emergency
signal devices, intrusion alarms, police/fire/ambulance sirens) or
any other device used to alert persons to an emergency or used during
the conduct of emergency work;
K. Bells, chimes and carillons used for religious purposes or in conjunction
with national celebrations or public holidays; existing bells, chimes
and carillons and clock strike mechanisms that are currently in use
for any purpose;
L. Snow removal equipment, operated within the manufacturer's specification
and with all standard noise-reducing equipment in use, unmodified
and in proper operating condition;
M. Air conditioners, fans, heating units and similar devices, provided
such are operated within the manufacturer's specifications when all
reasonable measures have been taken to reduce noise levels;
N. Musical, recreational and athletic events conducted by schools or
a local government including such outdoor practices as may be necessary
in preparation for such events, occurring no earlier than 7:00 a.m.
and no later than 10:00 p.m.;
O. Generators used during power outages including any weekly exercise
of said generators so long as the exercise is per manufacturer's suggested
guidelines. The exercise shall occur only between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday;
P. Mount Gretna Chautauqua Art Show generators for food vendors during
its annual show in August.
Q. Activity permitted by special waiver as approved by the Borough Council,
upon written application to the Borough Council, and approved at a
public meeting at least one month in advance of the event for which
the special waiver is requested.