[HISTORY: Adopted by the Borough Council
of the Borough of Wilson 8-12-1996 by Ord. No. 656, approved 8-12-1996. Amendments
noted where applicable.]
The making of unnecessary noises upon, near
or adjacent to the streets, public property or across a real property
boundary within the Borough by automobile horns, engines, machinery,
whistles, bells, sirens, radios, amplifying systems or otherwise is
declared to be a public nuisance.
By way of amplification and not limitation,
the following acts, and the causing thereof, are declared to be noise
disturbances and therefore in violation of this chapter:
A.
Radios, tape players, television sets, musical instruments,
electronic amplification equipment 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 or high-fidelity equipment or similar device
which produces, reproduces or amplifies sound:
(1)
At any time of the day in such a manner from any source
as to create a noise disturbance across a real property boundary;
or
(2)
In such manner as to create a noise disturbance across
any real property boundary when operated in or on a motor vehicle
on a public right-of-way or public space; or
(3)
In such manner as to create a noise disturbance to
any person other than the operator of the device, when operated by
any passenger on a common carrier; or
(4)
At such a sound intensity that the sound is audible
from a distance of 40 feet in any public area, street or sidewalk
of the Borough when the sound is in any public area, street or sidewalk
of the Borough.
B.
Stationary nonemergency signaling devices. Sounding
or permitting the sounding of any signal from any stationary bell,
chime, siren, whistle or similar device intended primarily for nonemergency
purposes, from any place, for more than one minute in any hourly period.
C.
Emergency signaling devices. The intentional sounding
or permitting the sounding outdoors of any fire, burglar or civil
defense alarm, siren, whistle or similar stationary emergency signaling
device, except for emergency purposes or for testing.
D.
Loudspeakers/public address systems. Using or operating
any loudspeaker, public address system or similar device:
E.
Vehicle, repairs and testing. Repairing, rebuilding
or testing any motor vehicle or motorcycle in such manner as to cause
a noise disturbance across a residential real property line.
F.
Power tools. Operating or permitting the operation
of any mechanically powered saw, drill, sander, grinder, lawn or garden
tool, snowblower or similar device used outdoors in residential areas
between the hours of 10:00 p.m. and 7:00 a.m. the following day so
as to cause a noise disturbance across a residential real property
line except to effect an emergency repair after giving notice of such
emergency to the Police Department.
The enumeration of the particular offenses particularly
defined above shall not be construed as limiting the generality of
the offenses prohibited by this chapter.
Any person who violates any provision of the
chapter shall, on summary conviction thereof, be sentenced to pay
a fine not to exceed $300 for each offense, together with costs, and,
in default of payment of such fine and costs, shall be sentenced to
imprisonment not to exceed 30 days.
[Added 2-14-2022 by Ord. No. 806]
A.
Exceptions. The provisions of this chapter shall not apply to:
(1)
Emergencies. The emission of sound for the purpose of alerting persons
to the existence of an emergency or from the performance of emergency
work.
(2)
Municipal and utility services. The emission of sound resulting from
the repair or replacement of any municipal or utility installation(s)
in or about the public right-of-way.
(3)
Places of religious worship. The sounding or permitting the sounding
of any stationary bell or chime used in conjunction with places of
religious worship.
(4)
Aircraft and airport operations. Normal aircraft and airport operations.
(5)
Interstate railway locomotives and cars. The conduct of interstate
railway transportation.
B.
Variances.
(1)
The Hearing Board shall have the authority, consistent with this
section, to grant variances which may be requested.
(2)
Any person seeking a variance pursuant to this section shall file
an application with the Hearing Board. The application shall contain
information which demonstrates that bringing the sources of sound
or activity for which the special variance is sought into compliance
with this chapter would constitute an unreasonable hardship on the
applicant, on the community or on other persons. The procedure shall
be the same as is otherwise established in the Planning and Zoning
Code for the advertisement, conduct of hearings and notification of
the hearing to neighboring property owners relative to variances.
The fee for such application shall be $300.
(3)
In determining whether to grant or deny the application, the Hearing
Board shall balance the hardship to the applicant, the community and
other persons of not granting the variance against the adverse impact
on the health, safety and welfare of persons affected, the adverse
impact on property affected, any other adverse impacts of granting
the variance and the ability of the applicant to apply best practical
noise control measures. Applicants for variances and persons contesting
special variances may be required to submit any information the Hearing
Board may reasonably require. In granting or denying an application,
the Hearing Board shall place with the Borough Manager a copy of the
decision and the reasons for denying or granting the variance.
(4)
Variances shall be granted by notice to the applicant containing
all necessary conditions, including a time limit on the permitted
activity. The variance shall not become effective until all conditions
are agreed to by the applicant. Noncompliance with any condition of
the variance shall terminate it and subject the person holding it
to those provisions of this chapter regulating the source of sound
or activity for which the variance was granted. Variances may be granted
for a period of one year. The person obtaining the variance may reapply
for additional variance periods under terms set forth by the applicant
and the Hearing Board.
C.
Extension for time to comply.
(1)
Any person seeking an extension in time in which to comply with the
provisions of this chapter shall file an application with the Hearing
Board. The application shall contain information which demonstrates
that bringing the source of sound or activity for which the extension
is sought into compliance with this chapter prior to the date requested
in the application would constitute an unreasonable hardship on the
applicant, on the community, or on other persons. The procedure for
the advertisement, conduct of hearings and notification of hearings
to adjoining property owners shall be the same as is otherwise established
in the Planning and Zoning Code relating to variances.
(2)
In determining whether to grant or deny the application, the Hearing
Board shall balance the hardship to the applicant, the community and
other persons of not granting the extension in time to comply against
the adverse impact on health, safety and welfare of persons affected,
the adverse impact on property affected and any other adverse impacts
of granting the extension. Applicants for extension(s) in time to
comply and persons contesting extension(s) may be required to submit
any information the Hearing Board may reasonably require. In granting
or denying an application, the Hearing Board shall place with the
Borough Manager a copy of the decision and the reasons for denying
or granting the extension(s) in time to comply.
(3)
Extension(s) in time to comply shall be granted to the applicant
containing all necessary conditions, including a schedule for achieving
compliance. The extension(s) in time to comply shall not become effective
until all conditions are agreed to by the applicant. Noncompliance
with any condition of the extension(s) shall terminate the extension(s)
and subject the person holding it to those provisions of this chapter
for which the extension(s) was granted.
(4)
Application for extension of time limits specified in extension(s) in time to comply or for modification of other substantial conditions shall be treated like applications for initial variances under Subsection B(2) hereof, except that the Hearing Board shall find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification.
D.
Appeals. Appeals of an adverse decision of the Hearing Board by aggrieved
parties shall be made within 30 days of the Board's decision
to the Court of Common Pleas of Northampton County. The decision of
the Hearing Board shall remain in force until such time as a judicial
order of a court of competent jurisdiction supersedes the decision
of the Hearing Board.
