[HISTORY: Adopted by the Borough Council of the Borough of Mount Holly Springs 10-8-2007 by Ord. No. 2007-02. Amendments noted where applicable.]
A. 
Purpose. It is the purpose of this chapter is 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 in the Borough of Mount Holly Springs. The residents of Mount Holly Springs recognize that uncontrolled noise represents a danger to the health and welfare of themselves and their neighbors and that each resident of the community is entitled to live in an environment in which the level of impulse and amplified noise is minimized for the community good. This chapter attempts to foster mutual respect among all residents and to establish a community position against noise pollution.
B. 
Scope. This chapter applies to all persons, property, animals, equipment, appliances, instruments and other sound-emitting devises, as regulated herein.
C. 
Relationship to 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) or Title 75 (Vehicle Code) of the Pennsylvania Consolidated Statutes. If more stringent requirements concerning noise abatement are contained in other rules, regulations, ordinances or laws, the more stringent rule shall apply.
D. 
Severability. Should any section or provision of this chapter be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the chapter as a whole, or the validity of any other section or provision of the chapter than the one so declared.
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:
AMBIENT SOUND
The all-encompassing noise association with a given environment, being usually a composite of sounds from many sources, near and far.
ANSI
American National Standards Institute or successor.
BOROUGH
The Borough of Mount Holly Springs, Cumberland County, Pennsylvania.
DECIBEL
A unit of sound level which is a division of a logarithmic scale used to express the ratio of the sound pressure of the source to the pressure of an arbitrarily chosen reference pressure; the ratio is expressed on the decibel scale by multiplying its base 10 logarithm by 20.
DISTURB
Interpreted objectively to mean an actual or imminent interference with the peace or good order of the Borough of Mount Holly Springs.
NIGHTTIME
9:00 p.m. to 7:00 a.m., prevailing time.
NOISE
Any sound emitted by a person, animal, appliance, equipment, instrument or other device.
NOISE DISTURBANCE
Any sound which:
A. 
Endangers or injures the safety or health of humans or animals;
B. 
Annoys or disturbs a reasonable person of normal sensitivities;
C. 
Endangers or injures personal or real property; or
D. 
Exceeds the limits set out in § 366-5.
NOISE LEVEL
Airborne sound levels expressed in dB and obtained by the use of certain frequency-dependent weighting networks, as specified in the reference standards and indicated by proper notation; if A-weighting is employed, the sound level is indicated as dB(A).
NOISE POLLUTION
Noise of such loudness and character from a single source or from multiple sources which is or may be predicted with reasonable certainty to be injurious to health or which unreasonably interferes with the enjoyment of property or with any lawful business or activity. Noise/sound pressure levels exceeding those permitted in any district shall constitute noise pollution.
PARTY
Any social gathering.
PERSON
Includes an individual, firm, association, organization, partnership, trust, company, corporation or any similar entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a government entity.
REPETITIVE IMPULSIVE SOUND
Recurring sound of a short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of repetitive impulsive sounds include explosions, drop forge impacts and the discharge of firearms.
SOUND LEVEL
Noise level.
SOUND-LEVEL METER
An instrument or combination of instruments which meets or exceeds the requirements for an ANSI Type S1A or Type S2A sound-level meter.
ZONING DISTRICT
Those districts as set forth on the Zoning Map of the Borough of Mount Holly Springs, as presently existing and as may be from time to time amended.
A. 
No person shall make, continue or cause to be made or continued any noise disturbance as hereafter specified.
B. 
The following acts are determined to be noise disturbances and therefore in violation of this chapter:
(1) 
The use of any horn or other warning device at any time by any person otherwise than as a reasonable warning or to make any sound that is unreasonably loud, raucous, jarring, disturbing or a nuisance to persons of reasonable sensitivities within the area of audibility, by means of a horn or other warning device.
(2) 
Using, operating or permitting the use of any radio receiving set, musical instrument, TV, phonograph, public address system or other machine or device for the production, reproduction or amplification of sound for a purpose unrelated to political, religious or commercial activity:
(a) 
In such a manner as to be unreasonably loud, raucous, jarring, disturbing or a nuisance to persons of reasonable sensitivities within the area of audibility, when such sound is plainly audible across a property line.
(b) 
In such a manner as to be plainly audible across a property line or at a distance of 50 feet, whichever is less, when the device creating the sound is 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 be unreasonably loud, raucous, jarring, disturbing or a nuisance to persons of reasonable sensitivities within the area of audibility, when operated by any passenger on a common carrier.
(3) 
Yelling, shouting, hooting, whistling or singing on the public streets, alleys or parks at any time so as to be unreasonably loud, raucous, jarring, disturbing or a nuisance to persons of reasonable sensitivities within the area of audibility.
(4) 
The use of fireworks or other explosives so as to be unreasonably loud, raucous, jarring, disturbing or a nuisance to persons of reasonable sensitivities within the area of audibility.
(5) 
The noise from any party or social gathering which is unreasonably loud, raucous, jarring, disturbing or a nuisance to persons of reasonable sensitivities within the area of audibility, when such sound is clearly audible across a property line.
(6) 
The unnecessary squealing of motor vehicle tires which is unreasonably loud, raucous, jarring, disbursing or a nuisance to persons of reasonable sensitivities within the area of audibility.
Noise emitted from the following sources shall be exempt from the noise standards specified herein:
A. 
All safety signals and warning devised (e.g., intrusion alarms, backup alarms on trucks), authorized vehicles when responding to emergencies (e.g., police, fire and ambulances) 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, chimes or carillons used in conjunction with religious purposes, national celebrations or public holidays; existing bells, chimes or carillons that are currently in place for any other purpose.
D. 
Musical, recreational and athletic events conducted by schools, local government and nonprofit entities.
E. 
Activities permitted by special waiver, as provided herein, according to the terms and conditions of said waiver.
F. 
Special waivers. A temporary waiver from strict compliance with the noise standards specified herein may be granted to persons under exigent circumstances, as determined by the Borough Mayor.
A. 
Maximum permissible sound levels by zoning district. No person shall operate or cause to be operated any source of sound specified in § 366-3B in such a manner as to create a sound level which exceeds the limits set forth in the zoning designations category in Table 1 when measured in accordance with § 366-5D. Any sound source that produces sound in excess of those levels, to a degree specified in § 366-5B, shall constitute a per se noise disturbance when generated by the type of activity specified in § 366-3B. Nothing herein shall be construed as permitting noise in violation of the more general standards of § 366-3B but not exceeding levels contained herein.
Table 1 Sound Levels by Zoning District
Zoning District of Property on Which Source of Noise Located
Sound Level 7:00 a.m. to 9:00 p.m.
Limit dB(A) 9:00 p.m. to 7:00 a.m.
All Residential, Flood Hazard and Village Districts
65
55
Commercial
75
65
Industrial
80
75
B. 
When exceeded. The sound level limits set forth in Table 1 shall be exceeded when any one or more of the following occur:
(1) 
The sound level at any one point in time exceeds any of the established zone limits in Table 1 by a measured level of 15 dB(A).
(2) 
The sound exceeds any of the established limits in Table 1 by a measured sound level of 10 dB(A) for a cumulative total of one minute or more out of any ten-minute period.
(3) 
The sound exceeds, except in the manufacturing districts, any of the established zone limits in Table 1 by a measured sound level of three dB(A) continually for a period of five minutes, or a total of five minutes out of any 10 minutes.
C. 
Ambient sound. In the event that the background ambient sound levels in the area of suspected noise disturbance exceed the levels set forth in Table 1, the sound level of the intrusive sound source shall be measure with the ambient level being substituted as the Table 1 sound level.
D. 
Where measured. For the purpose of this section, sound shall be measured at or within the property line (boundary) of the property receiving the noise, or not less than 20 feet from the source of the sound, when the source is in the public right-of-way, and shall be made at least five feet from any large sound-reflective surfaces.
E. 
This chapter shall not be interpreted to proscribe noises qualifying as nonconforming uses under Chapter 500, Zoning, of the Code of the Borough of Mount Holly Springs.
F. 
Measuring instruments. All sound measurements shall be made on a sound level meter calibrated in the manner required by the manufacturer's specifications.
A. 
Authority to enforce. This chapter shall be enforced by the Police Department of the Borough of Mount Holly Springs.
B. 
If it is determined by a police officer that a condition constituting a noise disturbance exists, the officer may issue a request to desist, a written warning or a citation.
C. 
Penalties.
(1) 
Any person violating any of the provisions of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $1,000 and costs of prosecution for each and every offense, to be collected as other fines and costs are collectible and, in default of payment of such fines and costs, shall be imprisoned for not more than 30 days. In the case of a continuing violation, each day during which an individual violates this chapter shall constitute a separate offense.
(2) 
This chapter and the foregoing penalties shall not be construed to limit or deny the right of the Borough or any person to such equitable or other remedies as may be available for excessive noise.