[HISTORY: Adopted by the Borough Council of the Borough of
Matamoras 3-4-2014 by Ord. No.
321. Amendments noted where applicable.]
This chapter shall be known and cited as the "Noise Control
Ordinance" of Matamoras Borough, Pike County, Pennsylvania.
This chapter is adopted under the authority and provisions of
the Matamoras Borough Council Ordinances.
The purpose of this chapter is to establish an effective means
of regulating and controlling loud and offensive sound and noise within
Matamoras Borough to:
It shall be unlawful for any person or persons to make, permit,
continue, or cause to be made or to create any unreasonably loud and/or
disturbing noise in the Borough. Noise of such character, intensity
and duration as to be detrimental to the health, safety or welfare
of any reasonable person of ordinary firmness and sensibilities in
the vicinity is prohibited.
A.
DISTURBING
UNREASONABLY LOUD
In determining whether a noise is unreasonably loud and/or disturbing,
the following definitions shall apply:
Noise which is perceived by a person of ordinary firmness
and sensibilities as interrupting the normal peace and calm of the
area, neighborhood, or vicinity.
Noise which is substantially incompatible with the time and
location where created to the extent that it creates an actual or
imminent interference with peace and good order.
B.
In determining whether a noise is unreasonably loud and/or disturbing,
the following factors incident to such noise are to be considered
based on the totality of circumstances surrounding a particular determination:
(1)
Time of day;
(2)
Proximity to residential structures;
(3)
Whether the noise is recurrent, intermittent, or constant;
(4)
Volume and intensity;
(5)
Whether the noise is enhanced in volume or range by any type of electronic
or mechanical means;
(6)
Whether the noise is related to the normal operation of a business
or other labor activity; and
(7)
Whether the noise is subject to being controlled without unreasonable
effort or expense to the creator thereof.
The following noises are exempt from this chapter.
A.
Sound emanating from regularly scheduled outdoor athletic events.
B.
Construction operations from 7:00 a.m. to 9:00 p.m. on weekdays and
8:00 a.m. to 9:00 p.m. on weekends for which building permits have
been issued or construction operations not requiring permits due to
ownership of the project by an agency of government, provided all
equipment is operating in accordance with the manufacturer's
specifications and with all standard equipment, manufacturer's
mufflers and noise-reducing equipment in use and in properly operating
condition.
C.
Noises of safety signals, warning devices, emergency pressure valves,
factory steam whistles and all mechanical and electronic church bells
or chimes.
D.
Noises resulting from any authorized emergency vehicle when responding
to any emergency call or acting in time of emergency.
E.
All noises coming from the normal operations of aircraft (not including
small model aircraft).
F.
Noise from lawful fireworks and noisemakers on holidays.
G.
Noise from lawnmowers, weed trimmers, edging machines, or other similar
small-engine yard maintenance equipment, properly equipped according
to manufacturer's specifications, and used between 7:00 a.m.
and 9:00 p.m., with the exception of Sundays, which will be between
8:00 a.m. and 9:00 p.m.
H.
Musical accompaniment/noise associated with any event held in recognition
of a community celebration of national, state or county events or
public festivals.
I.
Snow removal equipment.
The following noises are prohibited:
A.
Noise or sounds that are substantially incompatible with the time
and location where created to the extent that it creates an actual
or imminent interference with peace or good order.
B.
Noise that is perceived by a person of ordinary and reasonable sensibilities
as interrupting the normal peace and calm of an area or neighborhood,
particularly during the hours of 11:00 p.m. and 7:00 a.m. Activities
creating noise should cease at Airport Park and Matamoras Fire House
at 11:00 p.m.
C.
Dogs or any other constrained animals that, by frequent or habitual
howling, yelping, barking or otherwise, cause loud noises and produce
seriously annoying disturbance to any person or to the neighborhood
for a period of 10 minutes continuously and unnecessarily, or intermittently
for a period of 30 minutes or more.
D.
Operating or permitting the operation of any automobile, motorcycle,
dirt bike, go-cart, recreational vehicle, remote control vehicle,
or other vehicle that engages in jackrabbit starts, spinning tires,
racing engines, or other operations, including, without limitation,
operating an overloaded or out of repair vehicle which creates unreasonably
loud or disturbing noise so as to disturb the comfort and repose of
any person of normal sensibilities in the vicinity.
E.
Knowingly permitting the occurrence or emanation of any of the foregoing
specifically enumerated violations of this chapter on property owned,
possessed, or used, in whole or in part, by any person or entity shall
be a violation of this chapter.
In the event any person has reasonable ground for believing
that any provision of this chapter is being violated, he may make
a report thereof to the Eastern Pike Regional Police Department or
Zoning Code Enforcement Officer, which shall investigate the alleged
violation. If any such investigation reveals a violation, the investigating
officer has the authority to cause a written complaint to be made
and may obtain criminal process for violation thereof, may issue a
citation for a civil penalty, and/or may obtain other enforcement
measures as allowed in this chapter. Criminal process for violation
of this chapter may only be obtained by personnel from the Eastern
Pike Regional Police Department.
A.
This chapter may be enforced in accordance with any and all of the
applicable enforcement provisions as may be set forth within the Matamoras
Borough Council Ordinances or as may be provided for by applicable
law.
B.
Criminal penalties. Any Eastern Pike Regional Police Department officer having first investigated this matter, pursuant to § 76-7 above, may file a criminal complaint or citation for violation of this chapter. A violation of any chapter provision shall constitute a summary offense and may be punished by a fine in the discretion of the court, up to a maximum of $300 per offense.
(1)
Warning. Upon the violation of a particular provision of this chapter,
an individual may be issued a warning. Such warning shall identify
the particular practice which is in violation of the chapter and shall
state the time, date and place of the violation. Such warning shall
further state that if the individual commits further violations following
the date of the warning, Matamoras Borough, by and through an enforcement
agent, may cause a warrant to be issued for the individual's
arrest.
(2)
Arrest or citation. Upon the violation of a particular provision
of this chapter, a law enforcement officer having jurisdiction may
charge the offender with a summary offense by arrest, citation, or
summons.
(3)
Citation for Magistrate up to $300. The Magistrate will decide the
fine, with a minimum fine of $10.
C.
Civil penalties. Any individual who is found in violation of this
chapter may be subject to a civil penalty. The amount of such civil
penalty shall be assessed as described below. Each day the violation
continues shall be considered a separate offense and therefore such
continuing violation may be subject to multiple civil penalties as
described below.
(1)
Compliance order.
(a)
Upon making a determination that a person is in violation of
this chapter, Matamoras Borough may issue a compliance order to the
person in violation of this chapter. The compliance order shall notify
the violator of the violation in writing. Such order shall identify
the circumstances giving rise to the violation, including the times,
dates and places of the violation. Such notification shall further
identify the action which is necessary to comply with this chapter.
Such order shall state that if the violator does not comply within
a reasonable time, not to exceed 15 days, the individual will be subjected
to a civil penalty. If circumstances exist such that the violator
cannot come into compliance within 15 days, Matamoras Borough may
grant an extension of time commensurate with the magnitude of the
violation. The compliance order shall further state that failure to
comply with the terms of the compliance order will subject the violator
to a civil penalty and shall further state the amount of said civil
penalty.
(b)
Failure to comply with the terms of the compliance order issued
by Matamoras Borough within the time stated in the order shall subject
the violator to a civil penalty of $300. Each day that the violation
continues shall be considered a separate offense, and the violator
may be subject to additional civil penalties of $300 for each separate
offense.
(2)
Civil action. When necessary to collect any civil penalty or accrued
civil penalties, a civil action may be instituted by the Borough against
an individual for the collection of all accrued penalties and/or obtain
a court order to abate the violation if not paid within 30 days of
assessment.
A.
Effective date of chapter: This chapter shall take effect immediately
upon its adoption by the Matamoras Borough Council, and shall amend
and supersede the previously existing Noise Control Regulations Ordinance,
existing prior to this chapter's adoption.
B.
Severability. If any provision or provisions of this chapter shall
be deemed by a court of law having jurisdiction over such matters
to be unenforceable, invalid, or unconstitutional for any reason,
such declaration shall not affect the validity of the chapter as a
whole, or any part thereof that is not specifically declared to be
unenforceable, invalid, or unconstitutional.
C.
Conflict of laws or chapter provisions. Whenever the regulations
of this chapter conflict with each other, or with the requirements
of another statute, the more restrictive standard shall govern.
