[Adopted 4-14-2009 by Ord. No. 2-2009]
The Plymouth Borough Council, finding that excessive levels
of sound are detrimental to the physical, mental and social well-being
of the residents, 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 Plymouth.
The following words, terms and phrases, when used in the article,
shall have the meanings herein given, except where the context clearly
indicates a different meaning:
The erection, repair, renovation, demolition or removal of
any building or structure; and the excavation, filling, grading and
regulation of lots in connection therewith.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
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 sounds include
explosions, dropped force impacts and the discharge of firearms.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any noise which:
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 corporation 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.
An imaginary line drawn through the points of contact or
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
a 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 enforcing police officer.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is open to public use as a matter of right.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
All land, whether publicly or privately owned, whether improved,
with or without structures, exclusive of any areas devoted to the
public right-of-way.
A.
Noise disturbance prohibited. No person shall make, continue or cause
to be made or continued any noise disturbance, nor shall any person
suffer, allow or permit any noise disturbance to be made or continued
from or at any property, whether real or personal, that is subject
to such person's right of control.
B.
Specific prohibitions. The following acts and the causing thereof
are declared to be noise disturbances and, therefore, in violation
of this article:
(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 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 or boundary line or between the hours of 10:00
p.m. and 7:00 a.m. so as to be plainly audible across a property or
boundary line.
(b)
In such a manner as to create a noise disturbance across a property
or boundary line or at a distance of 50 feet from such device, whichever
is less, when the device operated in or on a motor vehicle or hand
carried on a public right-of-way or public space.
(c)
In such a manner as to create a noise disturbance to any person
other than the operator of the device.
(3)
Construction. Operating or permitting the operation of any tools
or equipment used in construction operations, drilling or demolition
work between the hours of 10:00 p.m. and 7:00 a.m., Monday through
Saturday or at any time on Sundays or legal holidays, such that the
sound therefrom creates a noise disturbance across a residential real
property or boundary line, except for emergency work.
(4)
Domestic power tools. Operating or permitting the operation of any
mechanically powered saw, sander, grinder, lawn or garden tool or
similar devices used outdoors between the hours of 10:00 p.m. and
7:00 a.m.
(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.
in such a manner as to cause a noise disturbance across a residential
property or boundary line. This section shall not apply to municipal
or utility services in or about a public right-of-way.
(6)
Animals.
(a)
For the purposes of this subsection "animal" is defined as any
dog, cat or domesticated animal or fowl or any undomesticated animal
confined on that person's premises.
(b)
No person shall allow any animal, as defined in Subsection B(6)(a) above, to make any loud or harsh noise or disturbance continuously or incessantly for a period of 10 minutes or to make such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day or night which shall interfere with or deprive the peace, quiet, rest or sleep of any person within the Borough; provided, however, that at the time such animal is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal is situate or for any other legitimate cause which teased or provoked the animal.
(7)
Powered model vehicles. Operating or permitting the operation of
powered model vehicles so as to create a noise disturbance across
a residential property boundary line between the hours of 10:00 p.m.
and 7:00 a.m.
(8)
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 10:00 p.m. and 7:00
a.m.
(9)
Tampering. The following acts or the causing thereof are prohibited:
(a)
The removal or rendering inoperative by any person, other than
for the purpose of maintenance, repair or replacement, of any muffler
or sound dissipative device or element of design.
(b)
The use of product or equipment which has had a muffler or sound
dissipative device or element of design removed or rendered inoperative.
(10)
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 or disturbance across
a real property or boundary line.
(11)
Motor vehicle prohibitions.
(a)
Standing motor vehicles. No person shall operate or permit the
operation of any 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 100 feet of any residence in such a manner as to cause
a noise disturbance across a residential property or boundary line.
(b)
Unnecessary horn blowing. No person shall at any time sound
the horn or other warning device of any vehicle except when absolutely
necessary as a warning while driving such vehicle.
The following sounds are exempted from this article:
A.
Amplified announcements: electronically amplified announcements at
athletic events.
B.
Blasting. Blasting may occur only between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Saturday. No blasting is permitted on
Sundays.
C.
Concerts, band concerts, block parties, church carnivals, street
festivals or other performances or similar activities publicly or
privately sponsored and presented in any public or private space outdoors,
provided that such activities do not occur between the hours of 10:00
p.m. and 7:00 a.m.
D.
Emergency work. Sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
E.
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.
F.
School and public activities. Sounds not electronically amplified,
created by organized school related programs, activities or events,
other than fireworks or fireworks displays and motor vehicle racing
events.
Any person, firm or corporation violating any of the provisions
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not less than $50 nor more than $300, and the costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
for not more than 10 days. A separate offense shall be deemed committed
on each day during which a violation occurs or continues.
All other ordinances or parts of ordinances inconsistent herewith
shall be and they are expressly repealed.
In the event that any provision, section, sentence, clause or
portion of this article shall be held to be invalid, such invalidity
shall not affect or impair any remaining provision, section, sentence,
clause or portion of the article, it being the intent that such remainder
shall be and shall remain in full force and effect.
It is declared that enactment of this article is necessary for
the protection, benefit and preservation of the health, safety and
welfare of the inhabitants of this Borough. It shall be the duty and
responsibility of the Plymouth Borough Police Department to enforce
the provisions of this article.
