[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:
The all-encompassing noise association with a given environment,
being usually a composite of sounds from many sources, near and far.
American National Standards Institute or successor.
The Borough of Mount Holly Springs, Cumberland County, Pennsylvania.
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.
Interpreted objectively to mean an actual or imminent interference
with the peace or good order of the Borough of Mount Holly Springs.
9:00 p.m. to 7:00 a.m., prevailing time.
Any sound emitted by a person, animal, appliance, equipment,
instrument or other device.
Any sound which:
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 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.
Any social gathering.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any similar entity.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a government entity.
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.
Noise level.
An instrument or combination of instruments which meets or
exceeds the requirements for an ANSI Type S1A or Type S2A sound-level
meter.
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.
