[Ord. 759, 7/22/1985, § 1]
This Part shall be known as the "Anti-noise Ordinance of the
Borough of Hatboro."
[Ord. 759, 7/22/1985, § 2]
1.
Whereas, excessive noise is a serious hazard to the public health
and welfare and the quality of life.
2.
Whereas, the people have a right to and should be ensured an environment
free from noise that may jeopardize their health or welfare, or degrade
the quality of life.
3.
Whereas, the necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted, is declared as
a matter of legislative determination and public policy and the provisions
and prohibitions hereinafter contained and enacted are in pursuance
of and for the purpose of securing and promotion of the public health,
comfort, convenience, safety, and welfare and the peace and quiet
of the inhabitants of the Borough of Hatboro.
4.
Now, therefore, it is the policy of the Borough of Hatboro to prevent
noise which may jeopardize the health or welfare of its citizens or
degrade the quality of life.
[Ord. 759, 7/22/1985, § 3]
All terminology used in this Part and not defined below shall
be in conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body.
[Ord. 759, 7/22/1985, § 4]
As used in this Part, the following terms shall have the meanings
indicated:
Hatboro Borough, Montgomery County, Pennsylvania.
A steady, fluctuating or impulsive noise which may or may
not contain a pure tone, which varies in sound pressure level such
that the same level is obtained repetitively at reasonable uniform
intervals of time.
Any Borough agency.
Any mechanism which is intended to produce or which actually
produces noise when operated or handled.
A motor vehicle used in response to a public calamity or
to protect persons or property from imminent danger.
Work made necessary to restore property to a safe condition
following a public calamity, work to restore public utilities, or
work required to protect person or property from an imminent exposure
to danger.
Any vehicle which is propelled or drawn by mechanical equipment,
such as but not limited to passenger cars, trucks, truck-trailers,
semi-trailers, campers, motorcycles, minibikes, go-carts, snowmobiles,
amphibious craft on land, dune buggies, or racing vehicles.
Any apparatus consisting of baffles, chambers, or acoustical
absorbing materials, whose primary purpose is to transmit liquids
or gases while causing a reduction in sound emission at one end.
Any sound which is unwanted or which causes or tend to cause
an adverse psychological effect on human beings.
Any sound which annoys, disturbs or perturbs reasonable persons
with normal sensitivities; or any sound which injures or endangers
the comfort, repose, health, hearing, peace, or safety of other persons.
Any individual, association, partnership, or corporation
and includes any officer, employee, department, agency, or instrumentality
of the United States, a state or any political subdivision of that
state.
Any noise for which the information content of that noise
is unambiguously communicated to the listener, such as but not limited
to, understandable spoken speech or comprehensive rhythms.
Any powered vehicle, either airborne or land borne, which
are not designed to carry persons or property, such as, but not limited
to, model airplanes, boats, cars, or rockets and which can be propelled
by mechanical means.
Any imaginary line at the ground surface, which line separates
the real property owned by one person from that owned by another person
and its vertical extension.
Any street, avenue, boulevard, highway, alley, or similar
place which is owned or controlled by a public government entity.
Any noise which is composed of impulsive noises that are
repeated at sufficiently slow rates.
A temporal and spatial oscillation in pressure or other physical
quantity in a medium with internal forces that causes compression
and rarefaction of that medium and that propagates at finite speed
to distant points.
Any device, excluding those attached to motor vehicles, used
to alert persons engaged in emergency operations. These include, but
are not limited to, firefighters, first aid squad members, and law
enforcement officers, whether paid or volunteer.
Any device, fixed or movable, which is located or used on
geographically defined, real property other than a public right-of-way.
Prevailing time in the Borough of Hatboro.
[Ord. 759, 7/22/1985, § 5]
It shall be the duty and responsibility of the Police Department
of the Borough of Hatboro to enforce the provisions of this Part.
[Ord. 759, 7/22/1985, § 6]
A violation of this Part shall be cause for a citation to be
issued forthwith; provided, however, that if the noise source is not
a motor vehicle moving on a public right-of-way, in lieu of a citation,
enforcement personnel may issue a notice in writing, which may be
served personally or by certified mail to the last known address of
the person or persons in charge of or in control of the device, building,
or premises. The notice shall state the nature of the violation and
a specific time period for the correction and abatement of the violation.
Failure to comply with the notice so issued shall constitute a violation
of this Part.
[Ord. 759, 7/22/1985, § 7]
1.
In order to implement the purposes of this Part, the Police Department
of the Borough of Hatboro shall have the following powers:
A.
Inspections. For reasonable cause and upon presentation of proper
credentials, to enter any building, property, premises, or place and
inspect any noise source for the purpose of ascertaining the compliance
or noncompliance with any provisions of this Part, or have access
to and require the production of books and papers pertinent to any
matter under investigation.
[Ord. 759, 7/22/1985, § 8]
It shall be unlawful for any person to make, continue or cause
to be made or continued, or caused, any excessive or unusually loud
noise, or to create a noise disturbance within the limits of the Borough
of Hatboro.
[Ord. 759, 7/22/1985, § 9; as amended by Ord. 907,
9/23/1996, § 10-209; and by Ord. 977, 11/26/2007]
1.
The following acts, among others, are declared to be loud, disturbing,
or excessive noise and/or noise disturbance in violation of this Part,
but said enumeration shall not be deemed to be exclusive:
A.
Horns and Signaling Devices. The sounding of any horn or signaling
device on any motor vehicle except when used simultaneously with braking
to avoid a pending accident or as required in the Vehicle Code, 75
Pa.C.S.A. § 101 et seq.
B.
Radios, Television Sets, and Similar Devices.
(1)
Operating or permitting the use or operation of any radio receiving
set, musical instrument, television set, phonograph, drum, or other
device for the production or reproduction of sound in such manner
as to cause a noise disturbance.
(2)
Operating any such device between the hours of 10:00 p.m. and
8:00 a.m. the following day in such a manner as to be plainly audible
across real property boundaries or through partitions common to two
parties within a building and plainly audible at 50 feet from such
device when operated within a motor vehicle parked on a public right-of-way
or on a public space.
C.
Exterior Loudspeakers. Using or operating any mechanical device or
loudspeaker in a fixed or movable position exterior to any building
or mounted upon any aircraft or motor vehicle, such that the sound
therefrom is plainly audible at or beyond the property boundary of
the source or on a public right-of-way.
D.
Animals. Owning, keeping, possessing or harboring any animal or animals
which, by frequent or habitual howling, barking, meowing, squeaking,
or other noise making shall cause a noise disturbance. The provisions
of this section shall apply to all private or public facilities, including
any animal pounds which hold or treat animals.
E.
Loading Operations. Loading, unloading, opening, or otherwise handling
boxes, crates, containers, garbage cans, or other similar objects
between the hours of 6:00 p.m. and 7:00 a.m. the following day in
such a manner as to cause a noise disturbance.
F.
Construction Noise. Causing excessive noise, or operating or causing
to be operated, any equipment used in commercial construction, repair,
alteration, or demolition work on buildings, structures, streets,
alleys, or appurtenances thereto in any land use category between
the hours of 6:00 p.m. and 7:00 a.m. weekdays, or 6:00 p.m. and 8:00
a.m. weekends and holidays (defined as New Years Day, Memorial Day,
4th of July, Labor Day, Thanksgiving Day, Christmas Day).
G.
Vehicle Repairs or Testing. Repairing, rebuilding, modifying, or
testing any motor vehicle, off-road vehicle, or motorboat in or near
a residential use district in such a manner as to cause a noise disturbance.
H.
Powered Model Vehicles. Operating or permitting the operation of
powered model vehicles between the hours of 8:00 p.m. and 8:00 a.m.
the following morning.
I.
Refuse Compacting Vehicles. The operating or permitting the operation
of any motor vehicle which can compact refuse and which creates during
the compacting cycle, a disturbing noise between the hours of 9:30
p.m. and 6:30 a.m. the following morning.
J.
Stationary Emergency Signaling Devices. Testing of only the electromechanical
functioning of a stationary emergency signaling device shall occur
at the same time each day that a test is performed, but not before
8:00 a.m. or after 6:00 p.m. Any such testing shall only use the minimum
cycle test time.
K.
Tools. Operating or permitting to be operated any powered saw, sander,
drill, grinder, garden equipment, powered lawn mowers, or tools of
like nature, used primarily for domestic purposes, outdoors in residential
zones between one hour after sunset and 8:00 a.m. on the following
day.
[Ord. 759, 7/22/1985, § 10]
1.
Noise caused in the performance of emergency work for the immediate
safety, health or welfare of the community or individuals of the community,
or to restore property to a safe condition following a public calamity
shall not be subject to the provisions of this Part. Nothing in this section
shall be construed to permit law enforcement, ambulance, fire, or
other emergency personnel to make excessive noise when dearly unnecessary.
The use of stationary emergency signaling devices shall be for emergency
use only.
2.
The Borough Council may grant specific and temporary exceptions to
the provisions of this Part upon receipt of a written application
requesting such exception. The application shall state the nature
of the violation and the reason for the request. No exceptions shall
be granted for a period exceeding one year from the date of the request.
Any person affected by any noise source for which an application for
exception has been filed may also submit information to the Borough
Council in favor of or in opposition to the proposed exception. Notice
of request for exceptions shall be advertised in a local newspaper
of general circulation and persons residing within 200 feet of the
location of the exception shall be notified by certified mail of the
request. A public hearing shall be held within 30 days of receipt
of the request and a decision rendered by the Borough Council within
30 days of the hearing.
[Ord. 759, 7/22/1985, § 11; as amended by Ord.
824, 12/18/1989; by Ord. 907, 9/23/1996, § 10-211; by Ord.
977, 11/26/2007; and by Ord. 1005, 5/23/2011]
1.
Any person, firm, or corporation who shall be found guilty of violating
any provision of this Part, upon conviction thereof, shall be fined
not less than $50 nor 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. Each violation of any of the provisions
of this Part shall be deemed to be a separate and distinct offense.
When a second and/or subsequent violation is committed by the same
person or entity within any twelve-month period, the fine shall be
double the amount of the previous fine up to a maximum fine of $1,000
for each separate and distinct offense.
2.
Any person, firm, or corporation who shall be found guilty of violating
any provision of this Part for a second or subsequent time within
a six-month period shall, upon conviction thereof, pay a fine of not
less than $200 nor 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.
[Ord. 759, 7/22/1985, § 12]
The operation or maintenance of any noise source in violation
of any provision of this Part shall be deemed and is declared to be
a public nuisance and may be subject to abatements summarily by a
restraining order or injunction issued by a court of competent jurisdiction
or in any other manner available for the abatement of public nuisances.
