[HISTORY: Adopted by the Borough Council of the Borough of Newtown 1-9-2001 by Ord. No. 609 (Ch. 100 of the 1982 Code). Amendments noted where applicable.]
A. 
Short title. This chapter shall be known as the "Borough Noise and Nuisance Ordinance."
B. 
Legislative authority. Pursuant to the authority contained in 8 Pa.C.S.A. § 1202(4) and (6), Newtown Borough hereby enacts this chapter.
C. 
Purpose. The purpose of this chapter is to ensure that public health, safety and welfare shall not be abridged by noise or nuisance disturbance, as the same is defined herein, which is made or created within the Borough. This chapter is intended to protect the physical, mental and social well-being of the residents of Newtown Borough so that said residents can live in an environment in which the level of impulsive and amplified noise and nuisance is minimized for the community good.
A. 
Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meaning indicated herein. All words stated in the present tense include the future; words stated in the masculine include the feminine and neuter; and the singular number includes the plural and the plural the singular. The word "shall" is mandatory.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
DAYTIME
7:00 a.m. to 10:00 p.m. prevailing time Monday through Friday; and 8:00 a.m. to 10:00 p.m. prevailing time Saturday and Sunday.
[Amended 10-9-2018 by Ord. No. 761]
DEVICE
Any man-made mechanism which emits sound during operation or activation.
NIGHTTIME
10:00 p.m. to 7:00 a.m. prevailing time Monday through Friday; and 10:00 p.m. to 8:00 a.m. prevailing time Saturday and Sunday.
[Amended 10-9-2018 by Ord. No. 761]
NOISE DISTURBANCE
That level of sound which either:
[Amended 7-12-2011 by Ord. No. 715]
(1) 
Creates a nuisance in that residents are deprived of the enjoyment of their homes, disturbed in their sleep and otherwise prevented from the quiet enjoyment of their residential premises; or
(2) 
Affects the property values of residents in the residential district of the Borough; or
(3) 
Disturbs the peace and good order of the Borough; or
(4) 
Annoys or disturbs a reasonable person of normal auditory sensitivities; or
(5) 
Is clearly audible outside the real property from which it originates; or
(6) 
Is loud, disturbing, unusual, unreasonable and unnecessary as well as audible outside the structure or the real property boundary from which it originates.
PERSON
An individual, corporation, firm, association, organization, partnership, trust, company or such other similar entity.
REAL PROPERTY BOUNDARY
A line along the ground surface and its vertical extension which separates the real property owned or controlled by one person from that owned or controlled by another person, including intrabuilding real property divisions.
VEHICLE
Any device or combination of devices used for or capable of being used for transporting persons or property by mechanical self-propelled means. Vehicles include, but are not limited to, the following: automobiles, trucks, tractor trailers, buses, motorcycles, motorized bicycles, snowmobiles, scooters, all-terrain vehicles, go-carts, industrial machinery and such other similar equipment.
The following limits are established for noise in the Borough:
A. 
No person shall create or allow the creation of any noise or operate or cause to be operated any source of noise from any device and/or vehicle on property owned, leased, occupied or otherwise controlled by such person which causes the level of sound to be heard outside of the real property boundary from which it originates and which said level of sound disturbs the rest and repose of any citizen residing within the Borough of Newtown.
B. 
The noise limits set forth herein are applicable during the nighttime hours of each day, week, month and year.
[Amended 7-12-2011 by Ord. No. 715]
[Amended 7-12-2011 by Ord. No. 715]
Prohibited noise, within the meaning of this chapter, includes the following:
A. 
For any person at any time to use a horn or other warning device otherwise than as a reasonable warning or to make any unnecessary or unreasonable loud or harsh sound by means of a horn or other warning device.
B. 
The use of amplified sound or the playing of any musical instrument in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of any persons in any office, hospital or any dwelling, hotel or other type of residence or of any persons in the vicinity thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Yelling, shouting, hooting, whistling or singing on the public streets so as to annoy or disturb the quiet, comfort or repose of any persons in any hospital, dwelling, hotel or other type of residence or of any persons in the vicinity thereof.
D. 
Permitting any animal, bird or fowl in one's possession or under one's control to make any frequent or long-continued noise of such character or intensity as to disturb the comfort or repose of any person.
E. 
The erection (including excavating), demolition, alteration or repair of any building in any residential district or section; the excavation of streets or highways in any residential district or section other than between the permitted hours herein denoted, except in the case of urgent necessity in the interests of public health and safety and then only with a permit from the Code Enforcement Officer, which permit may be granted for a period not to exceed 30 days while the emergency continues. If the Borough Council should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 10:00 p.m. and 7:00 a.m. and if it shall further determine that loss or inconvenience would result to any party in interest, it may grant permission for such work to be done between the hours of 10:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
F. 
The idling of any vehicle, including but not limited to truck tractors, passenger cars, motorcycles and construction vehicles, for a period exceeding 1/4 of an hour on any street or public right-of-way, or during nighttime hours in any public or private lot.
Noise emitted from the following sources shall be exempted from the noise limits specified herein:
A. 
All safety signals and warning devices, intrusion alarms and back-up alarms on trucks; authorized vehicles when responding to emergencies, police, fire and ambulance sirens; or any other device used to alert persons to an emergency or used during the conduct of emergency work.
B. 
The provision, repair and maintenance of municipal services or public utilities.
C. 
Bells and chimes used for religious purposes or in conjunction with national celebrations or public holidays; existing bells and chimes that are currently in use for any purpose.
D. 
Appliances, lawn and garden equipment, snow removal equipment and household power tools in use between the hours of 7:00 a.m. and 10:00 p.m. prevailing time, provided that such are operated within the manufacturer's specifications and with all standard noise-reducing equipment in use, unmodified and in proper operating condition.
(1) 
Snow removal devices, such as snowblowers, are exempt from this section under one or more of the following conditions:
[Added 12-11-2012 by Ord. No. 729]
(a) 
A municipal snow emergency declared by the Borough; or
(b) 
An emergency declaration by the Governor of the Commonwealth, State Emergency Agency or their designees.
E. 
Air conditioners, fans, heating units and similar comfort devices, provided that such are operated within the manufacturer's specifications and reasonable measures are taken to reduce noise levels.
F. 
Musical, recreational and athletic events conducted by or permitted by schools or local government.
G. 
Activities permitted by special waiver, as provided herein, according to the terms and conditions of said waiver; activities conducted in accordance with a special activity permit approved by the Borough Council.
H. 
Any vehicle or personnel of the Borough while engaging upon necessary public business.
[Added 12-11-2012 by Ord. No. 729]
I. 
Excavations or repairs of bridges, streets or highways by or on behalf of the Borough during the nighttime, when the public welfare and/or inconvenience renders it impossible to perform such work during the daytime.
[Added 12-11-2012 by Ord. No. 729]
J. 
When emergency work is necessary to restore property to a safe condition following a public calamity; or to restore public utilities; or work required to protect persons or property from an imminent exposure to danger.
[Added 12-11-2012 by Ord. No. 729]
[Amended 7-12-2011 by Ord. No. 715]
A temporary waiver from strict compliance with the noise standards specified herein may be granted to persons during emergency circumstances, as determined by the Chief of Police, or his designee, to permit reasonable time to effect repairs and/or adjustments to equipment, appliances, instruments and other sound-emitting devices which, when in use, exceed the noise level limits, provided that the use of such devices shall be essential to preserve and protect health and safety or to comply with other lawful rules, regulations and ordinances.
[Added 7-12-2011 by Ord. No. 715[1]]
Any emission of noise from any source in excess of the limitations established herein is hereby declared to be a public nuisance and may be abated by administrative or judicial proceedings, fines and penalties herein provided.
[1]
Editor's Note: This ordinance also repealed former § 100-7, Code Enforcement Officer.
[Amended 7-12-2011 by Ord. No. 715[1]]
A. 
Any full- or part-time Newtown Borough police officer may issue a summary citation, which shall specify the nature, date and time of the violation.
B. 
Any person or business entity, including but not limited to property owner, renter, user and/or possessor, who shall violate any of the provisions of this chapter, shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
In addition to the above, the Borough may institute an action for injunctive relief to prohibit or abate any activity in violation of the provisions of this chapter.
[1]
Editor's Note: This ordinance also repealed former § 100-9, Violations and penalties.