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:
A. Promote the health, safety and general welfare for residents and
visitors; and
B. Protect the interest of local businesses while providing reasonable
regulations.
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. In determining whether a noise is unreasonably loud and/or disturbing,
the following definitions shall apply:
DISTURBING
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.
UNREASONABLY LOUD
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:
(2) Proximity to residential structures;
(3) Whether the noise is recurrent, intermittent, or constant;
(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.
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.