[1]
Editor's Note: Former Part 1, Weeds and Vegetation, adopted
by Ord. 252, 12/6/1971; as amended by Ord. 86-4, 11/17/1986; and by
Ord. 98-4, 9/14/1998, was repealed by Ord. 2011-4, 6/6/2011.
[Ord. No. 2022-1, 8/1/2022]
This Part shall be known and may be cited as the "Noise Control
Ordinance."
[Ord. No. 2022-1, 8/1/2022]
The intent and purpose of this Part is to promote the general
health, welfare, and safety of the Borough residents and property
owners. The Borough Council, finding that excessive levels of sound
are detrimental to the physical, mental, and social well-being of
the people as well as to their comfort, living conditions, general
welfare and safety and are 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.
[Ord. No. 2022-1, 8/1/2022]
1.
CONSTRUCTION OPERATION
EMERGENCY
EMERGENCY WORK
MUFFLER or SOUND-DISSIPATIVE DEVICE
NOISE
NOISE DISTURBANCE
PERSON
POWERED MODEL VEHICLE
PROPERTY LINE (BOUNDARY)
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY
SOUND
The following words, terms, and phrases when used in this Part shall
have the meaning ascribed to them in this section, 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.
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 sound 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 to corporations, the
officers and managers thereof or any of them.
Any self-propelled airborne, waterborne or landborne 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 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 such
buildings. All areas devoted to public right-of-way shall be deemed
to be across the property line. For the purpose of this regulation,
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 owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures, exclusive of any areas
devoted to public right-of-way.
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 a sound may include any characteristics of such
sound, including duration, intensity and frequency.
[Ord. No. 2022-1, 8/1/2022]
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 control.
[Ord. No. 2022-1, 8/1/2022]
1.
The following acts and the causing thereof are hereby declared to
be noise disturbances and therefore in violation of this Part:
A.
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 or high-fidelity equipment, disc
or tape player, iPod, MP3 player, computerized sound or music reproduction
device, loudspeaker or other similar device, not in connection with
the lawful operation of an emergency vehicle such as an ambulance,
police or fire vehicle nor in connection with a lawfully permitted
parade, public assembly, or other activity for which a permit is issued
by the duly constituted legal authority, or similar device which produces,
reproduces or amplifies sound:
(1)
At any time in such a manner as to cause a noise disturbance
across a property line (boundary), or between the hours of 10:00 p.m.
and 7:00 a.m. so as to be plainly audible across a property line (boundary);
or which is audible on a public street for a distance of 50 feet from
the place or origin of such sound or noise.
(2)
In such a manner as to create a noise disturbance across a property
line (boundary) or at 50 feet from such device, whichever is less,
when the device is operated in or on a motor vehicle, bicycle or any
mode of personal transportation, or hand-carried, on a public right-of-way
or public space.
(3)
In such a manner as to create a noise disturbance to any person
other than the operator of the device, when operated by a passenger
on a common carrier.
B.
Yelling or Shouting. Engaging in loud or raucous yelling, shouting,
hooting, whistling or singing on the public streets between the hours
of 10:00 p.m. and 7:00 a.m.
C.
Construction Tools or Equipment. 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. the
following day on weekdays and Saturdays, or at any time on Sundays
or legal holidays, such that the sound thereof that creates a noise
disturbance across a residential real property line (boundary), except
for emergency work. This Subsection C shall not apply to the use of
domestic power tools as hereinafter provided in Subsection D below.
D.
Domestic 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. so as to cause a noise disturbance
across a residential property line (boundary) except in an emergency.
E.
Loading and Unloading. Loading and 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. the following date in such a manner as to cause a noise disturbance
across a residential property line (boundary). This Subsection E shall
not apply to municipal or utility services or licensed refuse haulers
in or about the public right-of-way.
F.
Animals and Birds. Owning, possessing, harboring or controlling any
animal or bird which howls, barks, meows, squawks, or makes other
sounds continuously and/or incessantly for a period of 10 minutes
or makes such noise intermittently for 1/2 hour or more to the disturbance
of any person at any time of the day or night, regardless of whether
the animal or bird is situated in or upon private property; provided,
however, that at the time the animal or bird is making such noise,
no person is trespassing or threatening to trespass upon private property
in or upon which the animal or bird is situated or for any other legitimate
cause which teased or provoked the animal or bird. This subsection
only applies when one or more person(s) file complaints about the
animal or bird. However, prior to filing the complaint, the complainant
must first request the person owning, possessing, harboring or controlling
the animal or bird to take action to prevent the animal or bird from
creating a noise disturbance. If, after making the request to the
person owning, possessing, harboring or controlling the animal or
bird, the noise disturbance continues, a complaint may be filed.
G.
Powered Model Vehicles. Operating or permitting the operation of
powered model vehicles so as to create a noise disturbance across
a residential property line (boundary) between the hours of 10:00
p.m. and 7:00 a.m.
H.
Street Sales. Offering for sale or selling by shouting or outery
or by any other amplified or unamplified sound within any residential
or commercial area of the Borough.
I.
Tampering. The following acts or the causing thereof are prohibited:
(1)
The removal or rendering inoperative by any person, other than
for the purposes of maintenance, repair or replacement, of any muffler
or sound-dissipative device or element of design or noise label of
any product.
(2)
The use of a product which has had a muffler or sound-dissipative
device or element of design or noise label removed or rendered inoperative,
with knowledge that such action has occurred.
J.
Vehicle, Motorboat or Aircraft Repairs and Testing. Repairing, rebuilding,
or testing any motor vehicle, motorcycle, or aircraft in such a manner
as to cause a noise disturbance across a residential real property
line (boundary).
[Ord. No. 2022-1, 8/1/2022]
A.
Motor Vehicle and Motorcycles on Public Right-of-Way. No person shall
operate or cause to be operated a public or private motor vehicle
or motorcycle, or any equipment attached to such a vehicle, on a public
right-of-way at any time in such a manner that the sound level emitted
by the motor vehicle or motorcycle, or any equipment attached to such
a vehicle, exceeds the level set forth in 67 Pa. Code Chapter 157,
Established Sound Levels.
B.
Standing Motor Vehicles. No person shall operate or permit the operation
of any motor 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 150 feet of any residence in such a manner as to cause
a noise disturbance across a residential property line (boundary).
C.
Unnecessary Horn Blowing. No person shall at any time sound the horn
or other warning device of a vehicle except when absolutely necessary
as a warning while actually driving such vehicle.
D.
Sound Trucks. No person shall operate sound-amplifying equipment
mounted on or attached to any motor vehicle at any time in such a
manner as to exceed the maximum permissible motor vehicle noise emissions
as set forth in Subsection A hereof.
E.
Alarm Systems. The sensory mechanism used in connection with an automatic
motor vehicle protection device shall be adjusted to suppress false
indications of burglary or intrusion so that the device will not be
activated by impulse or vibration caused by any force not related
to the alarms. All components comprising such a device shall be maintained
by the owner or lessee in good repair to assure maximum reliability
of operation.
[Ord. No. 2022-1, 8/1/2022]
[Ord. No. 2022-1, 8/1/2022]
1.
The following noises and sounds are exempt from enforcement under
this Part:
A.
Amplified Announcements. Stationary electronically amplified announcements
at athletic events, political events and civic events.
B.
Blasting. Blasting, under proper permit. Such blasting may occur
only between the hours of 9:00 a.m. and 4:00 p.m., Monday through
Friday, unless specifically authorized by permit.
C.
Concerts, Parties, and Carnivals. Band concerts, block parties, church
carnivals 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. and all necessary permits as defined by Borough
ordinances have been procured.
D.
Donsco, Inc. Sounds caused by machinery, heavy equipment, vehicles,
etc. associated with the normal operations of the foundry.
E.
Emergency Work. Sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
F.
Municipal and Utility Services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-or-way.
G.
School and Public Activities. Sounds not electronically amplified,
created by organized school-related programs, activities, athletic
and entertainment events, or other public programs, activities or
events, other than motor vehicle racing events.
H.
Warning Devices. Sounds made by warning devices operating continuously
for three minutes or less, except in the event of an actual emergency
the time limitation shall not apply.
I.
Special Permits. The Borough Council may, upon application filed
no later than 30 days before the event or activity, grant special
permits for infrequent events or activities.
J.
Certain Construction Work. Excavations or repairs of bridges, streets
or highways by or on behalf of the Borough during the nighttime when
the public welfare and convenience render it necessary to perform
such work during the nighttime.
[Ord. No. 2022-1, 8/1/2022]
This Part may be enforced by the Police Department providing
police protection services to the Borough or other person designated
by resolution of the Borough Council.
[Ord. No. 2022-1, 8/1/2022]
Any person who shall violate the provisions of this Part shall
be subject to a summary criminal proceeding before a Magisterial District
Judge, and, upon conviction hereunder, shall be subject to a fine
of not less than $300 nor more than $1,000, plus costs and reasonable
attorney's fees. In default of the payment of the foregoing,
such person shall be subject to a term of imprisonment not to exceed
30 days. Every day that a violation persists shall be deemed to constitute
a separate offense hereunder. This Part 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 otherwise be
available with or without process of law.
