[Ord. 1390-11, 7/11/2011]
This Part 10 may be cited as the "Gettysburg Borough Comprehensive
Noise Control Ordinance."
[Ord. 1390-11, 7/11/2011]
The purpose of this Part 10 is to provide for effective control
of noise within the Borough of Gettysburg in order to protect the
health, safety, and welfare of residents and visitors and to enhance
the pursuits of life, recreation, and commerce within the Borough
of Gettysburg.
[Ord. 1390-11, 7/11/2011]
The following words, terms, and phrases, when used in this Part
shall have the meanings herein given, except where the context clearly
indicates a different meaning:
The Borough of Gettysburg, Adams County, Pennsylvania.
The erection, repair, renovation, demolition or removal of
any building, facility, equipment, machinery or structure and the
excavation, filling, grading and regulation of lots in connection
therewith.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
An engine-retarding device, or any retarding device or system
that brakes on the engine rather than on the wheels as a means of
slowing or stopping a gasoline-powered or diesel-powered motor vehicle.
A motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than three wheels in contact
with the ground.
A vehicle which is self-propelled, except an electric personal
assistive mobility device or a vehicle which is propelled solely by
human power.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound emitted by a person, animal, or noise-creating
device.
Any electrical, mechanical, or chemical device or instrument,
or combination thereof, that creates noise during its operation by
a person.
In addition to the specific noise disturbances set forth
in this Part, any sound that is:
Unpleasant, annoying, offensive, loud, or obnoxious to a reasonable
person of normal sensibilities;
Unusual for the time of day or location where it is produced
or heard; or
Detrimental to the health, comfort, or safety of persons or
animals or to the reasonable enjoyment of property or the lawful conduct
of business because of the loudness, duration, or character of the
noise.
Actual control by a person.
Any individual, partnership, limited partnership, limited
liability partnership, limited liability company, association, firm,
corporation, or any other legally recognized entity. Whenever used
in any provision prescribing and imposing a penalty, "person" includes
the individual members, partners, officers and managers of any legally
recognized entity.
The Police Department of the Borough of Gettysburg, or any
properly authorized member or officer thereof in any other law enforcement
agency having jurisdiction within the Borough of Gettysburg.
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.
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons; a demarcation or a line
of separate properties; and also, for any two or more buildings sharing
common grounds, the line drawn midway between any two such buildings.
All areas devoted to public rights-of-way shall be deemed to be across
the property line. As used herein, the property line includes all
points on a plane formed by projecting the property line in a manner
deemed appropriate by the enforcing police.
Affecting or likely to affect persons in a place to which
the public or a substantial group has access.
Any street, alley, sidewalk or similar place which is either
owned or controlled by the Borough of Gettysburg for the benefit and
use of the public.
Any real property or structures thereon which are either
owned or controlled by the Borough of Gettysburg for the benefit and
use of the public.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
An auditory sensation evoked by the oscillation of air pressure.
The removal or rendering inoperative by any person, other
than for purposes of maintenance, repair or replacement, of any muffler
or sound-dissipative device or element of design of any motor vehicle
or motorcycle.
A motor vehicle designed primarily for the transportation
of property.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The term does not include a self-propelled
wheelchair or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
The Vehicle Code of the Commonwealth of Pennsylvania (75
Pa.C.S.A. § 101 et seq.), as is hereafter amended, supplemented,
modified, or reenacted by the General Assembly of the Commonwealth
of Pennsylvania.
[Ord. 1390-11, 7/11/2011]
1.
Noise Disturbance Prohibited. No person shall make, continue or cause
to be made or cause to be continued any noise disturbance by any means,
nor shall any person suffer, allow or permit any noise disturbance,
by any means, to be made or continued from or at any property, whether
public or private, real or personal, that is subject to such person's
right to control.
2.
Specific Prohibitions. The following acts and the causing thereof
are declared to be noise disturbances and are, therefore, in violation
of this Part:
A.
Radios, Televisions, Musical Instruments and Similar Devices. Operating,
playing or permitting the operation or playing of any radio or audio
equipment (including from a vehicle), sound amplifier, television,
musical instrument, or similar device which produces, reproduces or
amplifies sound:
(1)
At any time and in such a manner as to cause a noise disturbance
across a property line (boundary); or
(2)
In such a manner as to cause a noise disturbance across a property
line (boundary), or at 50 feet from such noise-creating device, whichever
is less, when the noise-creating device is operated in or on a vehicle,
or hand carried, on a public right-of-way or public space.
B.
Yelling or Shouting. Engaging in loud or mucous yelling, shouting,
hooting, whistling or singing:
C.
Construction. Except for emergency work, operating or permitting
the operation of any tools or equipment used in construction operations,
drilling or demolition work between the hours of 11:00 p.m. and 6:00
a.m., prevailing time, such that the sound therefrom creates a noise
disturbance across a residential property line (boundary).
D.
Domestic Power Tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn or garden tool,
or similar device used outdoors in residential areas between the hours
of 11:00 p.m. and 6:00 a.m., prevailing time, so as to cause a noise
disturbance across a residential property line (boundary).
E.
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 11:00 p.m. and 6:00 a.m.,
prevailing time, in such a manner as to cause a noise disturbance
across a residential property line (boundary). This provision shall
not apply to municipal or utility services in or about a public right-of-way
or public space.
F.
Animals and Birds. Owning, possessing, harboring, or controlling
any animal or bird which makes any noise continuously and/or incessantly
for a period of 10 minutes or more or makes such noise intermittently
for 1/2 hour or to the disturbance of any person at any time of the
day or night, regardless of whether the animal or bird is physically
situated in or upon private property.
G.
Powered Model Vehicles. Operating or permitting the operation of
powered model vehicles so as to cause a noise disturbance across a
residential property line (boundary) between the hours of 11:00 p.m.
and 6:00 a.m., prevailing time.
H.
Vehicle, Motor Vehicle, Motorcycle, Motorboat or Aircraft Repairs
and Testing. Repairing, rebuilding or testing any vehicle, motor vehicle,
motorcycle, motorboat or aircraft in such a manner as to cause a noise
disturbance across a residential property line (boundary) between
the hours of 11:00 p.m. and 6:00 a.m., prevailing time.
3.
Other Prohibited Acts.
A.
Tampering. The use within the Borough of a motor vehicle or motorcycle
which has had a muffler or sound-dissipative device or element of
design removed or rendered inoperative.
4.
Specific Prohibitions on Public Rights-of-Way. Prohibition of certain
noises upon public rights-of-way by the use of motor vehicles and
noise-creating devices.
A.
Motor Vehicles and Motorcycles on Public Rights-of-Way. No person
shall operate or cause to be operated a public or private motor vehicle
or motorcycle, or any equipment attached to such a vehicle, on a public
right-of-way at any time in such a manner that the operation of the
same violates the Vehicle Code. Consistent with § 4523 of
the Vehicle Code, all motor vehicles and motorcycles shall be equipped
with a muffler or other effective noise-suppressing system in good
working order and in constant operation, and no muffler or exhaust
system shall be equipped with a cutout, bypass or similar device.
B.
Standing Vehicles. No person shall operate or permit the operation
of any vehicle or any auxiliary equipment attached to such vehicle
for a period in excess of 10 minutes in any hour while the vehicle
is parked, stopped or standing within 150 feet of a residence, whether
on public or private property, in such a manner as to cause a noise
disturbance across a residential property line (boundary).
(1)
This provision shall not apply to vehicles performing emergency
services or to vehicles forced to remain stopped or standing because
of traffic conditions.
(2)
Notwithstanding the foregoing, diesel-powered vehicles with
a gross weight of 10,001 pounds or more are subject to the restrictions
contained in Act 124 of 2008, 35 P.S. §§ 4601-4610,
the Diesel-Powered Motor Vehicle Idling Act.
D.
Squealing Tires. No person shall cause or allow the tires of a motor
vehicle, which the person is operating, to squeal except when necessary
in order to avoid a collision with another person, vehicle or other
property.
E.
Racing Engine/Rapid Throttle Advance. No person, while occupying
any public right-of-way, shall operate any noise-creating device in
such a manner that the public's attention is drawn to the source
of the noise. The prohibition of this section shall include racing
the engine or rapid throttle advance and/or revving of an internal
combustion engine resulting in an increase of noise from the engine.
5.
Prima Facie Violation. The noise from any of the aforesaid prohibited
acts that is heard by the police shall be prima facie evidence of
a noise disturbance.
[Ord. 1390-11, 7/11/2011]
The provisions of this Part shall not apply to the following:
A.
Blasting. Sounds resulting from blasting activities with a permit
issued by the Borough, which blasting may occur only between the hours
of 7:00 a.m. and 4:00 p.m., Monday through Friday, unless specifically
authorized otherwise by such permit.
B.
Events. Events such as but not limited to concerts, block parties,
carnivals, festivals, fireworks, or other performances or similar
activities publicly or privately sponsored and presented in any public
or private space outdoors, provided that such activities do not occur
between the hours of 11:00 p.m. and 6:00 a.m.
C.
Emergency Work. Sounds resulting from the performance of emergency
work or by the ordinary and accepted use of emergency apparatus and
equipment.
D.
Municipal and Utility Services. Sounds resulting from the repair,
maintenance or replacement of any municipal or utility installation
in or about the public right-of-way or any public space.
E.
Snow Removal. Sounds resulting from the use of snow plows, tractors
or snow blowers used in connection with snow removal from private
or public property.
F.
School and Public Activities. Sounds resulting from organized school-related
programs, activities, athletic and entertainment events or other public
programs, activities or events, provided that such programs, activities
or events do not occur between the hours of 11:00 p.m. and 6:00 a.m.
G.
Warning devices.
(1)
Sounds made by warning devices operating continuously for no more
than three minutes, except that, in the event of an emergency, the
time limitation shall not apply.
(2)
A warning device or siren used in connection with the operation of
a police car, fire truck or apparatus, ambulance or any other emergency
vehicle in the event of an emergency.
H.
Bells and Chimes. Routine and customary ringing of bells and chimes.
I.
Official Duty. Any noise created by a governmental entity, official
or employee in the performance of an official governmental duty or
activity.
J.
Permitted Activity. Any noise for an event or activity for which
a permit has been issued by the Borough, including expression or communication
protected by the United States Constitution, as long as any permit
conditions relative to noise have not been violated.
[Ord. 1390-11, 7/11/2011]
1.
Whoever violates any provision of this Part shall, upon conviction
thereof in a summary proceeding, be fined for a first offense not
less than $150 and not more than $1,000; for a second offense, not
less than $300 and not more than $1,000; for a third offense, not
less than $500 and not more than $1,000. Whoever violates any provision
of this Part for a fourth or subsequent offense shall, upon conviction
thereof in a summary proceeding, be fined $1,000. Each occurrence
of a violation of any provision of this Part shall constitute a separate
and distinct offense. However, for a violation of the Vehicle Code,
upon conviction thereof in a summary proceeding, the fine shall be
$25.
2.
In addition to the above penalties, the Borough may seek such equitable
or other remedies as may otherwise be available.
