[HISTORY: Adopted by the Borough Council of the Borough of
West Reading 8-19-2014 by Ord.
No. 1034. Amendments noted where applicable.]
Borough Council finds that excessive levels of sound are detrimental
to the physical, mental and social well-being of the people 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.
The following words, terms and phrases, when used in this chapter,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning.
The Borough of West Reading, Berks County, Pennsylvania.
The erection, repair, renovation, demolition or removal of
any building 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.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound which annoys or disturbs humans or animals or which
causes or tends to cause an adverse psychological or physiological
effect on humans or animals.
Any sound which:
Any individual, firm, association, partnership, corporation
or other entity, including the officers, employees, departments, agencies
and instrumentalities of a state or any political subdivision of a
state. Whenever used in any section prescribing and imposing a penalty,
"person" includes the individual members, owners, partners, officers
and managers of a partnership, association or other similar entity
and the officers of a corporation or similar entity.
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 separation of properties; and, for any two or more buildings sharing
common grounds, the line drawn midway between any two such buildings.
All areas devoted to public right-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 police officer.
Any street, road, 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.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public right-of-way.
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.
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, that is subject to such person's right to
control.
The following acts, and the causing thereof, are declared to
be noise disturbances and, therefore, in violation of this chapter.
A.
Radios, television sets, musical instruments and similar devices.
Operating or 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, disc
or tape player, loudspeaker or any other similar device, not in connection
with the lawful operation of an emergency vehicle such as an ambulance,
police or fire vehicle, nor in connection with a lawfully permitted
parade, public assembly or other activity for which a permit is issued
by the duly constituted legal authority, or similar device which produces,
reproduces or amplifies sound:
(1)
At any time in such a manner as to cause a noise disturbance across
a property line (boundary), or between the hours of 10:00 p.m. and
7:00 a.m. so as to be plainly audible across a property line (boundary);
or which is audible on a public street for a distance of 50 feet from
the place or origin of such sound or noise.
(2)
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.
(3)
In such a manner as to create a noise disturbance to any person other
than the operator of the device, when operated by a passenger on a
common carrier.
C.
Construction tools or equipment. Operating or permitting the operation
of any tools or equipment used in construction operations, drilling
or demolition work:
(1)
On weekdays and Saturdays between the hours of 10:00 p.m. and 7:00
a.m. of the following day, or at any time on Sundays or legal holidays,
such that the sound thereof creates a noise disturbance across a residential
real property line (boundary), except for emergency work.
D.
Domestic power tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, grinder, lawn or garden tool,
snowblower or similar device used outdoors in residential areas between
the hours of 9:00 p.m. and 7:00 a.m. on Mondays through Sundays so
as to cause a noise disturbance across a residential property line
(boundary), except in an emergency.
E.
Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, dumpsters or similar objects between the hours of 10:00 p.m. and 6:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential property line (boundary). This Subsection E shall not apply to municipal or utility services in or about the public right-of-way.
[Amended 11-19-2019 by Ord. No. 1117]
F.
Animals and birds. For regulations regarding noise made by animals and birds, see § 152-13, Noise.
[Amended 3-20-2018 by Ord. No. 1080]
G.
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 7:00 a.m.
H.
Street sales. Offering for sale or selling by shouting or outcry
or by any other amplified or unamplified sound within any residential
or commercial area of the Borough.
I.
Tampering. The following acts or the causing thereof are prohibited:
(1)
The removal or rendering inoperative by any person, other than for
the purposes of maintenance, repair or replacement, of any muffler
or sound-dissipative device or element of design or noise label of
any product.
(2)
The use of a product which has had a muffler or sound-dissipative
device or element of design or noise label removed or rendered inoperative,
with knowledge that such action has occurred.
J.
Vehicle, motorboat or aircraft repairs and testing. Repairing, rebuilding,
or testing any motor vehicle, motorcycle or aircraft in such a manner
as to cause a noise disturbance across a residential real property
line (boundary).
A.
Motor vehicles and motorcycles on public right-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 or motorcycle,
on a public right-of-way at any time in such a manner that the sound
level emitted by the motor vehicle or motorcycle, or any equipment
attached to such vehicle or motorcycle, exceeds the level set forth
in Chapter 157, Established Sound Levels, of Title 67 of the Pennsylvania
Code.
B.
Standing motor vehicles. No person shall operate or permit the operation
of any motor vehicle or any auxiliary equipment attached to such a
vehicle for a period longer than 15 minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion,
anywhere within 150 feet of any residence in such a manner as to cause
a noise disturbance across a residential property line (boundary).
C.
Unnecessary horn blowing. No person shall at any time sound the horn
or other warning device of a vehicle except when absolutely necessary
as a warning while actually operating such vehicle.
D.
Sound trucks. No person shall operate sound-amplifying equipment mounted on or attached to any motor vehicle at any time in such a manner as to exceed the maximum permissible motor vehicle noise emissions as set forth in Subsection A hereof.
E.
The sensory mechanism used in connection with an automatic motor
vehicle protection device shall be adjusted to suppress false indications
of burglary or intrusion so that the device will not be activated
by impulse or vibration caused by any force not related to the alarms.
All components comprising such a device shall be maintained by the
owner or lessee in good repair to assure maximum reliability of operation.
Prima facie evidence of a noise disturbance shall exist if the noise from any of the acts prohibited in §§ 284-3 through, and including, 284-5 of this chapter:
A.
Disturbs two or more residents who are in general agreement as to
the times and durations of the noise and who reside in separate residences,
including apartments and condominiums located within the same building,
located across a property line (boundary) from the property on which
the source of the noise is generated.
B.
Is solely witnessed/observed by a police officer when citing any
section hereunder.
A.
The following sounds are exempted from the provisions of this chapter:
(1)
Amplified
announcements. Stationary electronically amplified announcements at
athletic events, school events, political events and civic events.
(2)
Blasting. Blasting, under proper permit. Such blasting may occur
only between the hours of 9:00 a.m. and 4:00 p.m., Mondays through
Fridays, unless specifically authorized by permit.
(3)
Construction operations. Construction activities, under proper permit.
Such construction operations may occur only between the hours of 8:00
a.m. and 9:00 p.m., Mondays through Fridays, and between the hours
of 8:00 a.m. and 7:00 p.m. on Saturdays and Sundays.
(4)
Agriculture.
(5)
Surface carriers. Surface carriers engaged in commerce by railroad.
(6)
Concerts, etc. Band concerts, block parties, church carnivals 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 10:00 p.m. and 7:00
a.m. and all necessary permits, as required by Borough ordinances
have been procured.
(7)
Emergencies. Sounds caused by the performance of emergency work,
by the ordinary and accepted use of emergency apparatus and equipment,
or used to alert persons to the existence of an emergency.
(8)
Municipal and utility services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-way.
(9)
Domestic power tools. Domestic power tools, between the hours of
7:00 a.m. and 9:00 p.m. on Mondays through Sundays.
(10)
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, other than motor vehicle racing events.
(11)
Warning devices. Sounds made by warning devices operating continuously
for three minutes or less, except in the event of an actual emergency,
the time limitation shall not apply.
B.
Special permits. The Chief of the Borough Police Department, or his
or her designee, may, upon application, grant special permits for
infrequent events or activities.
[Amended 11-19-2019 by Ord. No. 1117]
This chapter shall be enforced by the Borough Police and Code
Enforcement Departments.
A.
Whoever violates any provision of this chapter shall be, upon conviction
thereof, sentenced to pay a fine not less than $25 nor more than $600,
plus costs, and in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each day during which
any person violates any provision of this chapter shall constitute
a separate offense.
[Amended 3-20-2018 by Ord. No. 1080]
B.
This chapter and the foregoing penalties shall not be construed to
limit or deny the right of the Borough or any person to such equitable
or other remedies as may otherwise be available with or without process
of law.
