[HISTORY: Adopted by the Borough Council of the Borough of
Palmyra 12-13-2016 by Ord. No.
773. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Palmyra
Borough Noise Ordinance."
Palmyra Borough Council, finding excess levels of sound are
detrimental to the physical, mental and social well-being of the citizens
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 of Palmyra.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
dB(A).
The all-encompassing sound associated with a given environment,
usually a composite of sounds from many sources near and far.
The Borough of Palmyra, Lebanon County, Pennsylvania.
The governing body of the Borough.
The Central Business District (CBD) and the Highway Commercial
Zone (HC).
The erection, repair, renovation, demolition or removal of
any building or structure; and the excavation, filling, grading and
regulation of lots in connection therewith.
A unit for measuring the sound pressure level, equal to 20
times the logarithm to the base of 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop forge impacts and the discharge of firearms.
The Light Industrial Zone (LI) and Heavy Industrial Zone
(HI).
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any electrical, mechanical or chemical device or instrument,
or combination thereof, that creates noise during its operation by
a person or during or after its activation or discharge by a person.
[Added 8-14-2018 by Ord. No. 787]
Any sound which endangers or injures the safety or health
of humans or animals; annoys or disturbs a reasonable person of normal
sensitivities; endangers or injures personal or real property; or
is in excess of the sound levels by zoning districts established in
§ 214-5.
Any individual, association, limited liability company, partnership
or corporation, and includes any officer, employee, department, agency
or instrumentality of a state or any political subdivision of a state.
Whenever used in any clause prescribing and imposing a penalty, a
"person" includes the individual members, partners, officers and managers,
or any of them, of partnerships and associations and as corporations,
the officers and managers thereof or any of them.
Any self-propelled airborne, waterborne, or land-borne plane,
vessel or vehicle which is not designed to carry persons, including,
but not limited to, any model airplane, boat, car or rocket or any
drone.
Any imaginary line drawn through the points of contract lands,
apartments, condominiums, townhouses and duplexes owned, rented or
leased by different persons, a demarcation or a line of separation
of properties and, also, for any two or more buildings sharing common
grounds, the line drawn midway between any two said buildings. All
areas devoted to public right-of-way shall be deemed to be across
the property line. For the purpose of this regulation, the property
line includes all points on a plane formed by projecting the property
line in a manner deemed appropriate by the enforcing officer.
Any street, 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.
The Low Density Residential Zone (LDR), Town Residential
Zone (TR), Multifamily Residential Zone (MFR), Manufactured Home Park
Zone (MHP), and the Mixed Use Zone (MU).
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of the medium or the superposition
of such prorogated oscillation which evokes an auditory sensation.
The description of sound may include any characteristics of such sound,
including duration, intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B,
or C, as specified in American National Standards Institute specifications
for sound level meters (ANSI S1.4-1971, or the latest revision thereof).
If the frequency weighting employed is not indicated the A-weighting
shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time average, output meter and any applicable
weighting network used to measure sound pressure levels which meets
or exceeds the requirements for a Type I or Type II sound level meter
as specified in ANSI Specifications S1.4-1971. The manufacturer's
published indication of compliance with such specifications shall
be prima facie evidence of such compliance.
The land within the various districts/zones established by Chapter 380, Zoning, of the Code of Ordinances of the Borough of Palmyra and all subsequent amendments and the accompanying Zoning Map.
A.
Noise disturbance prohibited. No person shall make, continue or cause
to be made or continued any noise disturbance, or shall any person
suffer, allow or permit any noise disturbance to be made or continued
from or at any property, whether real or personal.
B.
Specific prohibitions. The following acts and the causing thereof
are declared to be noise disturbances and therefore in violation of
this chapter.
(1)
Radios, television sets, musical instruments and similar devices.
Operating, playing or permitting the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplified,
automobile radio, automobile stereo or high fidelity equipment or
similar device which produces, reproduces or amplifies sound:
(a)
In such a manner as to cause a noise disturbance across a property
line (boundary); or
(b)
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; or
(c)
In such a manner as to create a noise disturbance to any person
other than the operator of the device when operated by any passenger
or a common carrier.
(2)
Yelling and shouting. Engaging in loud or raucous yelling, shouting,
hooting, whistling or singing on the public streets between the hours
of 10:00 p.m. and 7:00 a.m. or at any time or place in such a manner
as to create a noise disturbance.
(3)
Construction. Operating or permitting the operation of any tools
or equipment used in construction operation, drilling or demolition
work:
(a)
Between the hours of 8:00 p.m. and 7:00 a.m. the following day
on weekdays and Saturdays or at any time on Sundays or legal holidays,
such that the sound therefrom creates a noise disturbance across a
residential real property line (boundary), except for emergency work.
(b)
At any other time that the sound level at or across a real property
line (boundary) exceeds 85 dB(A) for a period of one hour.
(4)
Domestic power tools. Operating or permitting the operation of any powered saw, drill, sander, grinder, lawn or garden tool or similar device used outdoors in residential areas (see Table I, § 241-5A) between the hours of 9:00 p.m. and 8:00 a.m. so as cause a noise disturbance across a residential property line (boundary).
(5)
Loading and unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage
cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m.
the following day in such a manner as to cause a noise disturbance
across a residential property line (boundary). This section shall
not apply to municipal or utility services in or about the public
right-of-way.
(6)
Animals and birds. Owning, possessing, harboring or controlling any
animal or bird which howls, barks, meows, squawks or makes other sounds
continuously and/or incessantly for a period of 10 minutes or makes
such noise intermittent for 1/2 hour or more to the disturbance of
any person at any time of the day or night regardless of whether the
animal or bird is situated in or upon private property; provided,
however, that at the time the animal or bird is making such noise,
no person is trespassing or threatening to trespass upon private property
in or upon which the animal or bird is situated or for any other legitimate
cause which teased or provoked the animal or bird.
(7)
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 8:00 a.m.
(8)
Vehicle, motorboat or aircraft repairs and testing. Repairing, rebuilding
or testing any motor vehicle, motorcycle, motorboat or aircraft in
such a manner as to cause a noise disturbance across a residential
real property line (boundary).
(9)
Generators. Operating or permitting the operation of a generator
in any residential zoning district so as to create a noise disturbance
across a residential property line (boundary) between the hours of
9:00 p.m. and 8:00 a.m. This prohibition shall not apply during the
times that the electric power distribution company is experiencing
a power outage affecting more than a single customer on the same block.
(10)
Noise-creating devices. Operating, activating, and/or discharging
or allowing the operating, activating, or discharging of any noise-creating
device such that the sound creates a noise disturbance across a property
line (boundary) incessantly for a period of five minutes or more or
intermittently for 1/2 hour or more at any time of the day or night,
or such that the sound creates any noise disturbance across a property
line (boundary) between the hours of 10:00 p.m. and 6:00 a.m.
[Added 8-14-2018 by Ord. No. 787]
C.
Prima facie violation. The noise from any of the aforesaid prohibited
acts that disturbs two or more residents who are in general agreement
as to the times and duration of the noise and who reside in separate
apartments and/or condominiums on which the source of the noise is
generated shall be prima facie evidence of a noise disturbance.
A.
Maximum permissible sound levels by zoning districts. No person shall
operate or cause to be operated any source of sound in such a manner
as to create a sound level which exceeds the limits set forth in the
zoning designations category in Table I when measured at or across
the property line (boundary) from the sound source. Any sound source,
whether stationary or nonstationary, including motor vehicles, that
produces sound in excess of those levels shall constitute a noise
disturbance.
|
Table I
| ||
|---|---|---|
|
Sound Level by Zoning Districts
| ||
|
Note: "Residential day" is from 7:00 a.m. to 10:00 p.m. and
"residential night" is from 10:00 p.m. to 7:00 a.m. All levels should
be measured without passing traffic sound in the foreground.
| ||
|
Location
|
Acceptable Decibel Level [dB(a)]
| |
|
Residential day/night
|
57/52
| |
|
Commercial
|
67/62
| |
|
Industrial
|
77
| |
|
Power equipment/construction at 50 feet
|
85
| |
B.
When exceeded. The sound level limits set forth in Table I shall
be exceeded when any one or more of the following occur:
(1)
The sound at any one point in time exceeds any of the established
limits in Table I by a measured sound level of 15 dB:
(2)
The sound exceeds, except in the Heavy Industrial Zone, any of the
established zone limits in Table I by a measured sound level of three
dB continually for a period of five minutes or a total of five minutes
out of any ten-minute period.
C.
Ambient sound. In the event that the background ambient sound levels
in an area of suspected noise disturbance exceed the levels set forth
in Table I, the ambient background sound level shall be substituted
at the Table I sound level limit to determine whether the sound exceeds
the limits established in Table I.
D.
Where measured. For the purpose of this section, sound shall be measured
at or beyond the property line (boundary) of the property on which
the sound is received.
E.
Measuring instrument. All sound measurements shall be made on a sound
level meter calibrated in the manner required by the manufacturer's
specifications.
The following sounds are exempted from the provisions of this
chapter:
A.
Amplified announcements. Electronically amplified announcements at
athletic events.
B.
Blasting, under permit by the Code Enforcement Officer and Fire Chief
C.
Concerts, etc. Band concerts, block parties, carnivals or other performances
or similar activities publicly or privately sponsored and presented
in any public or private space outdoors shall be exempt from the provisions
of this chapter provided that:
D.
Emergency work. Sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
Snow removal shall be considered emergency work.
E.
Government and utility services. Sounds resulting from the repair
or replacement of any government or utility installation in or about
the public right-of-way; utility services shall include the Borough
trash collection program.
F.
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.
A.
Authority for enforcement. This chapter shall be enforced by Borough
of Palmyra Police Department and by any enforcement officer appointed
by Borough Council.
B.
Penalties.
(1)
Any person who shall violate a provision of this chapter or who shall
fail to comply with any of the requirements thereof shall be liable
upon summary conviction therefor to fines and penalties of:
(a)
Not less than $100 nor more than $300 plus all costs of prosecution
for a first offense;
(b)
Not less than $200 nor more than $600 plus all costs of prosecution
for a second offense;
(c)
Not less than $300 nor more than $900 plus all costs of prosecution
for a third offense; and
(d)
Not less than $1,000 plus all costs of prosecution for a fourth
or subsequent offense, which fines and penalties may be collected
as provided by law.
(2)
Cost of prosecution shall include the reasonable attorneys'
fees of the Borough. In all actions, the determination of the number
of offenses shall be calculated for a one-year period, commencing
on the date of the first violation. All fines and penalties collected
for violation of this chapter shall be paid over to the Borough Treasurer.
C.
This chapter may also be enforced by an action in equity brought
in the Lebanon County Court of Common Pleas.
