This chapter shall be known and may be cited as the "Lansdale
Borough Noise Nuisance Ordinance."
The Borough Council, finding that excessive levels of sound
are detrimental to the physical, mental and social well-being of Borough
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 noise within the
Borough.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this chapter, except where
the context clearly indicates a different meaning:
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage.
NOISE DISTURBANCE
Any sound that endangers or injures the safety or health
of humans or animals; or that annoys or disturbs a reasonable person
of normal sensitivities; or that endangers or injures personal or
real property.
PERSON
Any individual, association, partnership, corporation or
other legally recognized entity. 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 to corporations, the officers and managers thereof
or any of them.
PLAINLY AUDIBLE
Any sound which clearly can be heard at a distance of 50
or more feet. Words or phrases need not be clearly discernible for
a sound to be "plainly audible" from the source.
PROPERTY LINE or BOUNDARY
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 separation of properties; and also, for any two or more buildings
sharing common grounds, the line drawn midway between any two said
buildings. All areas devoted to public right-of-way shall be deemed
to be across the property line. For the purpose of this chapter, the
property line includes all points on a plane formed by projecting
the property line in a manner deemed appropriate by the enforcing
Borough official or employee.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are owned or
controlled by a governmental entity.
REAL PROPERTY
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to the public right-of-way.
SOUND
An oscillation in pressure, particle displacement, particle
velocity, or other physical parameter, in a medium with internal forces,
that causes compression and rarefaction of that medium, or the superposition
of such propagated oscillation which evokes an auditory sensation.
The description of sound may include any characteristics of such sound,
including duration, intensity and frequency.
SOUND-AMPLIFICATION SYSTEM
Any radio, tape player, compact disc player, loudspeaker,
or other electronic device used for the amplification of sound.
Any person who shall violate any provision of this chapter shall
be liable, upon conviction therefor, to fines and penalties of not
less than $50 nor more than $1,000, plus costs of prosecution, which
fines and penalties may be collected as provided by law.