[Ord. 579, 12/29/1983]
This Part is hereby adopted by the Borough Council as the "Oxford Borough Noise Control Ordinance of 1983." This Part shall take effect on the 10th day of January, 1984, and shall be controlling within the limits of the Borough of Oxford, Chester County, Pennsylvania.
[Ord. 579, 12/29/1983]
1. 
The making and creation of loud, unnecessary and unusual noises within the limits of the Borough of Oxford is a condition which has existed for some time and the extent and volume of such noises are increasing.
2. 
The making, creation and maintenance of loud, unnecessary noises or unusual noises which are prolonged and unnatural in their time, place and use affect and are a detriment to the health, comfort, convenience, safety and welfare of the residents of the Borough of Oxford.
3. 
It is declared as a matter of legislative determination and public policy that it is necessary and in the public interest for the enactment of the provisions and prohibitions hereinafter contained; and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the health, comfort, convenience, safety and welfare of the residents of the Borough of Oxford.
[Ord. 579, 12/29/1983]
As used in this Part, the following terms shall have the meanings indicated:
EMERGENCY WORK
Work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from eminent exposure to danger.
PERSON
Any individual, partnership, association, syndicate, company, firm, trust, corporation or other entity recognized by law as the subject of rights and duties, including any governmental agency.
REAL PROPERTY BOUNDARY
An imaginary line along the ground surface and its vertical extension which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
[Ord. 579, 12/29/1983]
1. 
This Part shall be enforced by the police officers of the Borough of Oxford and any other persons as may be designated by the Borough Council of the Borough of Oxford, whose powers shall be as follows:
A. 
Enforce the provisions of this Part and the rules and regulations contained herein.
B. 
Receive and initiate complaints of violations of the regulations of this Part.
C. 
Send written notices of any violations of this Part to the persons responsible for the violation.
D. 
Institute proceedings for violation of the regulations of this Part.
[Ord. 579, 12/29/1983]
It shall be unlawful for any person to make or continue or to cause or permit to be made or continued any loud or unreasonable sound of such character, intensity, volume, carrying power or duration as to disturb the comfort, repose, health or safety of any individual unless the sound is made in an activity conducted for community or public purpose or for the protection or preservation of the health, safety or life of some person.
[Ord. 579, 12/29/1983; as amended by Ord. 710, 5/20/1996]
1. 
No person shall unreasonably make, continue, permit or cause to be made or continued any noise or disturbance:
A. 
Across the real property boundary or between adjacent units of a multiple-family dwelling, except for activities open to the public and for which a permit has been issued by the Zoning Officer of the Borough of Oxford.
B. 
At a distance extending more than 50 feet from a noise-producing device operated in or on a motor vehicle on a public right-of-way or public place.
2. 
No person shall make, continue, permit or cause to be made or continued any noise or disturbance between the hours of 11:00 p.m. and 7:00 a.m. the following day when the noise produced is associated with the following:
A. 
The operation of an instrument, sound amplifier or similar device which produces or amplifies sound.
B. 
The loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects, except when such noise or disturbance is necessarily attendant to the authorized, regular collection and removal of refuse, garbage and like municipal solid waste when such collection and removal is conducted between the hours of 5:00 a.m. and 7:00 p.m.
C. 
Operating or permitting the operation of any tools or equipment used in construction, drilling, demolition work or home maintenance.
D. 
The operation of powered model vehicles, motorboats, domestic power tools and other motor-driven apparatus; repairing, rebuilding, modifying or testing any motor-operated vehicle, motorcycle, powered model vehicle, motor-driven apparatus or power tool.
3. 
It shall be unlawful for any person to make, continue, permit or cause to be made or continued any of the following-enumerated unreasonable noises at any time, said noises being in violation of this Part, but the said following enumerations shall not be deemed to be exclusive:
A. 
The sounding of any horn or signaling device on any automobile, motorcycle, motor bicycle or other vehicle on any street or public place except as a danger warning signal.
B. 
The operation of a motor vehicle or motorcycle in the Borough, licensed or unlicensed, on public or private premises, whether standing or moving, without an appropriate muffling device on the exhaust system of said vehicle in order to prevent any unnecessary or unreasonably loud or harsh sound.
C. 
The use, operation or permitting to be played of any radio, receiving set, musical instrument, television, phonograph, public-address system or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants.
D. 
The use, operation or permitting to be used or operated of any sound-amplifying machine for producing or reproducing of sound which is cast upon public streets for the purpose of advertising.
E. 
Yelling, shouting, hooting, whistling or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort and repose of persons in any building or any persons in the vicinity.
F. 
The keeping of any animal or bird which causes frequent or long-continued noise which disturbs the comfort or repose of any person in the vicinity.
G. 
The erection, including excavation, demolition, alteration, construction or repair of any building other than between the hours of 7:00 a.m. and 10:00 p.m. except for emergencies as defined herein.
H. 
Creating any excessive noise on a street adjacent to any school, institution of learning, church, hospital or other public building while the same is in use which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys the pupils, churchgoers, patients or others inside said building.
I. 
The shouting or otherwise crying his wares by a peddler, hawker or vendor which disturbs the peace and quiet of the neighborhood.
4. 
It shall be unlawful for any person, in the operation of any machinery, commercial motor vehicle unit on a truck, any equipment, pumps, snowplows, snowblowers, lawn mowers, leafblowers, chain saw or other similar mechanical device, to use such instruments or equipment in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of any person or persons in any dwelling, apartment or other type of residence on any day of the week. This subsection shall not apply to municipal vehicles used for emergency work, such as but not limited to snow removal.
5. 
No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that will disturb the quiet, comfort or repose of any person or persons in any dwelling, apartment or other type of residence on any day of the week. This subsection shall apply to all motorized recreational vehicles, whether or not duly licensed and registered, including but not limited to commercial and noncommercial racing vehicles, motorcycles, minicarts, go-karts, snowmobiles, campers, dune buggies and model vehicles.
[Ord. 579, 12/29/1983; as amended by Ord. 636, 5/23/1989, § 1-6; and by Ord. 810, 12/17/2007]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.