[HISTORY: Adopted by the Borough Council
of the Borough of Ephrata 9-11-2017 by Ord. No. 1535. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm devices — See Ch. 115.
A.
Title. This chapter shall be known and may be cited as the "Borough
of Ephrata Noise Control Ordinance."
B.
Authority. This chapter is enacted under authority of 8 Pa.C.S.A.
§ 101 et seq.
C.
Purpose. It is the purpose and intent of this chapter to ensure that
public health, safety and welfare shall not be abridged by the making
and creating of public nuisances from disturbing, excessive or offensive
noises or vibrations in the Borough of Ephrata.
D.
Scope. This chapter applies to all persons, property, animals, equipment,
appliances, instruments and other sound-emitting devices, as regulated
herein.
E.
Relationship with other restrictions. The provisions of this chapter
are not intended to interfere with, abrogate or annul other rules,
regulations or ordinances, including Title 18 (Crimes Code) and Title
75 (Vehicles Code), Pennsylvania Consolidated Statutes. If more stringent
requirements concerning noise abatement are contained in the other
rules, regulations or ordinances, the more stringent regulation shall
apply. No provision, regulation, duty, limitation or restriction of
this chapter shall penalize a person for a contact made for police
or emergency assistance by or on behalf of a victim of abuse as defined
in 23 Pa.C.S.A. § 6102 (relating to definitions), a victim
of a crime pursuant to 18 Pa.C.S.A. (relating to crimes and offenses),
or an individual in an emergency pursuant to 35 Pa.C.S.A. § 8103
(relating to definitions) if the contact was made based upon the reasonable
belief of the person making the contact that intervention or emergency
assistance was necessary to prevent the perpetration or escalation
of the abuse, crime or emergency or if the intervention or emergency
assistance was actually needed in response to the abuse, crime or
emergency.
Unless otherwise expressly stated or the context clearly indicates
a different intention, the following terms have the following meanings:
The Borough of Ephrata, Lancaster County, Pennsylvania.
A motor/engine retarding device, or any retarding device
or system that brakes on the motor or engine rather than on the wheels
as a means of slowing or stopping a truck, truck tractor, motor carrier
vehicle, motor vehicle or vehicle.
The erection, repair, renovation, demolition or removal of
any building or structure and the excavation, filling, grading and
regulation of lots in connection therewith; the construction, reconstruction
or repair of any street, alley or other area intended for vehicular
or pedestrian use.
Any occurrence or set of circumstances involving actual or
imminent physical or psychological trauma or property damage which
demands immediate action.
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.
A truck, truck tractor or combination having a gross weight
or registered gross weight in excess of 17,000 pounds.
Any motor-powered vehicle designed to carry at least one
passenger or driver, including, but not limited to, those motor-powered
vehicles of the type typically licensed for use on the public highways;
a vehicle which is self-propelled, except an electric personal assistance
mobility device or a vehicle which is propelled solely by human power.
An unclosed motor vehicle, having a saddle for the use of
the operator, with two or three wheels in contact with the ground,
including, but not limited to, motor scooters and minibikes.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any plainly audible sound emitted by a person, an appliance,
equipment, instrument, other device or an animal which annoys or disturbs
humans or which causes or tends to cause an adverse psychological
or physiological effect on humans.
In addition to those unlawful noises prohibited in § 214-3 of this chapter, any sound which:
Any electrical, mechanical or chemical device or instrument,
or combination thereof, that creates noise during its operation by
a person.
Actual control by a person.
Any individual, association, 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, "person" includes
the individual members, partners, officers and managers or any of
them of partnerships and associations and, as for corporations, the
officers and managers thereof or any of them.
Any sound that can be detected by a person of normal sensibilities
using his or her unaided hearing facilities.
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, drone or rocket.
An imaginary line drawn through the points of contact of
adjoining lands, apartments, condominiums, townhouses and duplexes
owned, rented or leased by different persons; a demarcation or a line
of separate properties and, also, for any two or more buildings sharing
common grounds, the line drawn midway between any two such buildings.
All areas devoted to public rights-of-way shall be deemed to be across
the property line. For the purpose of this definition, the property
line includes all points on a plane formed by projecting the property
line in a manner deemed appropriate by the enforcement 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.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public rights-of-way.
Something audible: something that can be heard; vibrations
sensed by ear: vibrations traveling through air, water, or some other
medium, especially those within the range of frequencies that can
be perceived by the human ear. The description of sound may include
any characteristic of such sound, including duration, intensity and
frequency.
Any radio, record player, tape deck or player, loudspeaker,
amplifier, soundtrack or other device for producing, reproducing or
amplifying sound, except, however, "sound equipment" does not include
mobile radio or telephone signaling devices and automobile and truck
radios, tape decks or players or other such standard equipment used
and intended for the use and enjoyment of the occupants, provided
that the sound emitted therefrom is not plainly audible at a distance
greater than 50 feet from such automobile or truck.
A motor vehicle designed, used or maintained primarily for
the transportation of property.
A motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part
of the weight of the vehicle and load so drawn.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks.
A.
Except as otherwise provided in this chapter, it shall be unlawful
for any person to make or cause to be made any noise disturbance or
to allow any noise disturbance to be caused or made in or on any real
or personal property occupied or controlled by that person.
B.
In addition to the foregoing, it shall also be unlawful for any person
to create, assist in creating, or, as owner, lessee or occupant of
the property on which the activity is located, permit any of the following
acts which are declared to be noise disturbances and, therefore, in
violation of this chapter:
(1)
Sound equipment, including 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 amplifier, automobile radio, automobile stereo, high-fidelity
equipment or similar device which produces, reproduces or amplifies
sound:
(a)
At any time 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; or
(d)
Between the hours of 10:00 p.m. and 8:00 a.m. so as to be plainly
audible beyond the property line (boundary) of a single-family dwelling
unit from which it is generated or beyond the property line (boundary)
of the duplex dwelling unit or individual dwelling unit of the multiple-family
dwelling unit from which it is generated; or
(e)
Plainly audible at a distance of 50 feet from the vehicle in
which it is generated; or
(f)
Plainly audible at a distance of 50 feet from its location on
public property or private property open to the general public; or
(g)
Causing or has caused vibrations with a bass within a dwelling
unit or within a vehicle other than the unit or vehicle from which
it is/was generated.
(2)
Shouting and whistling. Continuous or repeated yelling, shouting,
loud whistling, or loud singing, so as to disturb the peace, comfort,
or repose of others within the Borough by being plainly audible to
persons within any dwelling, hotel, hospital, office or other type
of residence other than that from which it originates.
(3)
Animal and bird noises. 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 intermittently 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.
(4)
Whistles or sirens. The blowing of any amplified or electronic whistles,
vuvuzelas, air horns or sirens, except to give notice of the time
to begin or stop work or as a warning of fire or other danger.
(5)
Construction noise. Operating or causing to be operated any equipment
used in construction, repair, alteration or demolition work on buildings,
structures, streets, alleys or appurtenances thereto in the following
manner:
(a)
With sound control devices or standard noise-reducing equipment
which has been tampered with or not being operated within the manufacturer's
specifications or otherwise not in proper operating condition.
(b)
Between the hours of 10:00 p.m. and 7:00 a.m. weekdays and Saturdays
and between 10:00 p.m. on Saturday evenings and 9:00 a.m. on Sundays
and between 10:00 p.m. on the day preceding and 9:00 a.m. on legal
holidays, which creates a noise disturbance, unless otherwise exempted
in this chapter or by an act of the Borough Council.
(6)
Power equipment. Operating, or permitting to be operated, any power
saw; sander; drill; grinder; lawn mower; leaf blower; garden equipment;
power washer; generator during a nonemergency situation; or tools
of a similar nature outdoors between the hours of 10:00 p.m. and 7:00
a.m. weekdays and Saturdays and between 10:00 p.m. on Saturday evenings
and 9:00 a.m. on Sundays and between 10:00 p.m. on the day preceding
and 9:00 a.m. on legal holidays, in such a manner as to create a noise
disturbance across a residential property line (boundary).
(7)
Explosives, firearms, fireworks, or similar devices. The use or firing
of explosives, firearms, fireworks, or similar devices which create
a noise disturbance.
(8)
Devices to attract attention. The continuous or repeated use of any
drum, loudspeaker, amplifier, or other instrument or device for the
purpose of attracting attention so as to disturb the peace, comfort,
or repose of others within the Borough by being plainly audible to
persons within any dwelling, hotel, hospital, office or other type
of residence other than that from which it originates.
(9)
Other excessive noise. The creation of any other excessive or unreasonably
loud noise which disturbs the peace, comfort, or repose of others
within the Borough by being plainly audible to persons within any
dwelling, hotel, hospital, office or other type of residence other
than that from which it originates.
(10)
Yelling and shouting, etc. Engaging in loud or raucous yelling,
shouting, hooting, whistling or singing on the public streets between
the hours of 10:00 p.m. and 8:00 a.m.; or at any time or place in
such a manner as to create a noise disturbance.
(11)
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. weekdays and Saturdays and between 10:00 p.m. on Saturday
evenings and 9:00 a.m. on Sundays and between 10:00 p.m. on the day
preceding and 9:00 a.m. on legal holidays 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.
(12)
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).
(13)
Street sales. Offering for sale or selling by shouting or outcry
or by any other amplified or unamplified sound within any residential
or commercial area except between the hours of 8:00 a.m. and 10:00
p.m.
(14)
Tampering. The following acts or the causing thereof are prohibited:
(a)
The removal or rendering inoperative by any person other than
for purposes of maintenance, repair or replacement of any muffler
or sound-dissipative device or element of design or noise label of
any product;
(b)
The use of a product which has had a muffler or sound-dissipative
device or element of design or noise label removed or rendered inoperative,
with knowledge that such action has occurred.
(15)
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).
C.
Prohibition of certain noises upon public rights-of-way and/or by
the use of motor vehicles and noise-creating devices.
(1)
Motor vehicle and motorcycles on public rights-of-way. No person
shall operate or cause to be operated a public or private motor vehicle
or motorcycle, or any equipment attached to such a vehicle, on a public
right-of-way at any time in such a manner that the noise or sound
level emitted by the motor vehicle or motorcycle, or any equipment
attached to such a vehicle, violates or exceeds the levels set forth
in Pennsylvania Department of Transportation Regulations Title 67,
Chapter 157, 67 Pa. Code § 157.11(b). With respect to motorcycles,
all motorcycles shall be equipped with a muffler or other noise-suppressing
system in good working order at all times. No motorcycle with an exhaust
system that has been altered or modified in any way to enable the
exhaust system to amplify or increase the sound level in excess of
the established sound levels set forth in the Pennsylvania Department
of Transportation Regulations Title 67 Pa. Code § 157.11(a),
shall be operated on any public rights-of-way.
(2)
Standing motor vehicles. No person shall operate or permit the operation
of any motor vehicle or any auxiliary equipment attached to such a
vehicle, for a period longer than 15 minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion,
anywhere within 150 feet of any residence in such a manner as to cause
a noise disturbance across a residential property line (boundary).
(3)
Unnecessary horn blowing. No person shall at any time sound the horn
or other warning device of a vehicle except when absolutely necessary
as a warning while actually driving such vehicle.
(4)
Sound trucks. No person shall operate sound-amplifying equipment mounted on or attached to any motor vehicle at any time in such a manner as to exceed the maximum permissible motor vehicle noise emissions as set forth in Subsection C(1) hereof.
(5)
Motor/engine retarder devices. No person shall use a brake retarder
or other motor/engine retarding device while operating a truck, truck
tractor, motor carrier vehicle, motor vehicle or any other vehicle
within the Borough of Ephrata where said prohibition has been approved
by the Pennsylvania Department of Transportation. The prohibition
against use of a brake retarder or other motor/engine retarding device
shall not apply to an "emergency vehicle" as defined in Pennsylvania
Title 75 when said emergency vehicle is actually responding to an
emergency call.
(6)
No person shall cause or allow the tires of a motor vehicle, which
the person is operating, to squeal except when necessary in order
to avoid a collision with another person, vehicle or other property.
(7)
No person, while occupying any public right-of-way in the Borough,
shall operate any noise-creating device in such a manner that the
public's attention is drawn to the source of the noise. The prohibition
of this section shall include rapid throttle advance and/or revving
of an internal combustion engine resulting in increase of noise from
the engine.
D.
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 durations of the noise and who reside in separate
residences, including apartments and condominiums, located across
a property line (boundary) from the property on which the source of
the noise is generated, shall be prima facie evidence of a noise disturbance.
A.
None of the terms or prohibitions of § 214-3 shall apply to or be enforced for any of the following:
(1)
Safety and warning devices. Safety signals and warning devices (e.g.,
stationary emergency signal devices, intrusion alarms, back-up alarms
on trucks, police/fire/ambulance sirens) or any other device used
to alert persons to an emergency or used during emergency work.
(2)
Highway and utility maintenance and construction. Necessary excavations
in or repairs of bridges, streets, or highways, or any public utility
installation by or on behalf of the Borough, or any public utility
or any agency of the Commonwealth of Pennsylvania, during the night
or on Sunday, when the public health, safety, or welfare necessitates
the performance of the work at such time.
(3)
Municipal facilities or public utilities. The provision, repair and
maintenance of municipal services, facilities, or public utilities.
(4)
Law enforcement. The sounds made or caused to be made by law enforcement
officials in the performance of their official duties such as sirens,
two-way radio communications, public address systems, the discharging
of a firearm, aircraft, etc.
(5)
Ephrata Area School District or Ephrata Borough. Musical (including
concerts), recreational and athletic events conducted by Ephrata Area
Schools or the Borough, including such outdoor practices as may be
necessary in preparation for such events.
(6)
Bells, chimes and carillons. Bells, chimes and carillons used for
religious purposes or in conjunction with national celebrations or
public holidays; existing bells, chimes and carillons and clock strike
mechanisms that are currently in use for any purpose.
(7)
Appliances, lawn and garden equipment or household power tools. Appliances,
lawn and garden equipment or household power tools in use between
the hours of 7:00 a.m. and 10:00 p.m., provided such are operated
within the manufacturer's specifications and with all standard
noise reducing equipment is in use, unmodified and in proper operating
condition.
(8)
Air conditioners, fans, heating units. Air conditioners, fans, heating
units and similar devices of less than eight tons' heating or
cooling capacity, provided such are operated within the manufacturer's
specifications and all reasonable measures have been taken to reduce
noise levels where the sounds emitted therefrom would otherwise create
a noise disturbance.
(9)
Snow removal. The operation of snow removal equipment necessary for
the removal of snow or ice from public or private streets, alleys,
drives, sidewalks, and parking areas, provided that any motor vehicle
used for snow removal which is required to be licensed shall be equipped
with an exhaust system in good working order to prevent excessive
or unusual noise and shall be equipped to prevent engine noise in
excess of the limits established by the laws or statutes of the Commonwealth
of Pennsylvania. Also, any motor-driven vehicle of a type not subject
to registration for road use or domestic snow removal equipment shall
be equipped with an exhaust system or mufflers in good working order
to prevent excessive or unusual noise.
(10)
Construction equipment. Heavy construction equipment (including
pile drivers, crawler-tractors, bulldozers, rotary drills and augers,
loaders, power shovels, cranes, derricks, motor graders, paving machines,
ditchers, trenchers, compactors, scrapers, pavement breakers, compressors,
pneumatic power equipment and similar devices) in use between the
hours of 7:00 a.m. and 10:00 p.m. on weekdays and Saturdays, and between
9:00 a.m. and 10:00 p.m. on Sundays and legal holidays, for the duration
of such construction and demolition work, provided such are operated
within the manufacturer's specifications and with all standard
noise-reducing equipment in use, unmodified and in proper operating
condition.
(11)
Parades, festivals and similar events. Borough-approved or -sponsored
concerts, parades, festivals, fairs, music or other events.
(12)
Aircraft. Any aircraft operated in conformity with, or pursuant
to, federal law, federal air regulations, and air traffic control
and instructions and pursuant to and within the duly adopted federal
air regulations.
(13)
Special waivers. Activities permitted by emergency waiver, as
provided herein, and activities conducted in accordance with special
activity permits for use of public property or the public rights-of-way,
approved by the Borough Council.
(14)
Amplified announcements. Electronically amplified announcements
at athletic events.
(15)
Blasting. Blasting under permit by the Borough of Ephrata, which
blasting may occur only between the hours of 9:00 a.m. and 4:00 p.m.,
Monday through Friday, unless specifically authorized by such permit.
(16)
Emergency work. Sounds caused by the performance of emergency
work or by the ordinary and accepted use of emergency apparatus and
equipment.
(17)
Municipal and utility services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-way.
(18)
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
other than fireworks or fireworks displays and motor vehicle racing
events.
(19)
Warning devices. Sounds made by warning devices operating continuously
for three minutes or less, except that in the event of an actual emergency,
the time limitation shall not apply.
(20)
Expression or communication protected by the United States Constitution,
including the First Amendment, or the Pennsylvania Constitution.
(21)
Any activity or contact the regulation of which has been preempted
by Pennsylvania statute.
(22)
Any noise created by a governmental entity in the performance
of an official duty.
(23)
Any noise for which a permit has been issued by a regulatory
authority having jurisdiction to issue the permit.
(24)
Any noise created by an activity or event for which approval
has been issued by a regulatory authority having jurisdiction.
(25)
Emergency generators.
(26)
Garage and yard sales when authorized by permit and conducted in accordance with the provisions of Chapter 189 of the Code of the Borough of Ephrata.
(27)
Ordinary and customary sounds produced by lawfully existing
commercial, industrial or institutional activities and land uses.
(28)
Refuse and recycling activities when conducted in accordance with the provisions of Chapter 271 of the Code of the Borough of Ephrata.
(29)
The ordinary and customary noise created by an activity or event
for which approval has been issued and which is conducted in compliance
with a special event authorized by the Council of the Borough of Ephrata.
A.
Any person found guilty of violating any provision of this chapter
shall be fined not less than $250 nor more than $1,000 for the first
offense, not less than $500 nor more than $1,000 for the second offense,
and $1,000 for the third and subsequent offense in any one-hundred-eighty-day
period and, upon failure to pay such fine, shall be sentenced to jail
for a term not to exceed 30 days for each offense.
B.
A penalty provided for under this chapter may be imposed in addition
to any penalty that may be imposed for any other criminal offense
arising from the same conduct.
C.
Each act of violation and every day upon which such violation occurs
shall constitute a separate offense.
D.
In addition to the fines set forth hereinabove, any person found
guilty of violating any provision of this chapter shall pay the court
costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings.
The provisions of this chapter shall be enforced by Borough
police officers, Borough ordinance enforcement officers, and others
designated by the Council of the Borough of Ephrata.
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons for emergencies, as determined
by the Borough Manager or his or her designee, to protect health and
safety or to comply with other lawful rules, regulations and ordinances.
