[HISTORY: Adopted by the Borough of Hanover 7-27-2022 by Ord. No. 2327.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 248,
Noise, adopted 9-21-1932 by Ord. No. 479, as amended.
The Council, finding that excessive levels of sound are detrimental
to the physical, mental and social well-being of the 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 sound and the sources of excessive sound within
the Hanover Borough limits.
This chapter shall also be known as the "Hanover Borough Noise
Control Ordinance."
The following words, terms and phrases, when used in this chapter,
shall have the meanings herein given, 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.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, dropforge impacts and the discharge of firearms.
A truck, truck tractor or combination having a gross weight
or registered gross weight in excess of 17,000 pounds.
A vehicle which is self-propelled, except one which is propelled
solely by human power or by electric power obtained from overhead
trolley wires, but not operated upon rails.
An unclosed motor vehicle, having a saddle for the use of
the operator, with two or three wheels in contact with the ground,
including, but not limited to, motor scooters and mini-bikes.
A device designed or used for decreasing or abating the level
of sound escaping from an engine or machinery system.
Any sound or vibration which annoys or disturbs humans or
which causes or tends to cause an adverse psychological or physiological
effect on humans.
In addition to the sounds specified in § 248-4B hereof, any plainly audible sound which:
Endangers or injures the safety or health of persons;
Annoys, or disturbs a reasonable person of normal sensitivities;
Annoys, disturbs or interferes with basic living tasks of others;
Interferes with the quiet use and enjoyment of the property
of another; or
Endangers or injures personal or real property.
Any electrical, mechanical or chemical device or instrument,
or combination thereof, that creates noise during its operation by
a person.
Actual control by a person.
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 for corporations, the
officers and managers thereof or any of them.
Any noise that can be heard by a person of normal hearing.
Words, phrases, or specific noise signatures need not be discernible
or identifiable. Plainly audible does not implicate issues of subjective
"loudness" — the plainly audible standard simply determines
whether any noise can be heard regardless of the perceived "loudness."
Plainly audible observation alone is sufficient to support and prove
a noise disturbance.
Any self-propelled airborne, waterborne or land-borne 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 rights-of-way shall be deemed
to be across the property line. For the purpose of this definition,
the property line includes all points on a plane formed by projecting
the property line in a manner deemed appropriate by the enforcing
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 rights-of-way.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that cause 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.
Any radio, record player, tape deck or player, loud speaker,
amplifier, sound track or other device for producing, reproducing
or amplifying sound, except, however, "sound equipment" does not include
mobile radio or telephone signaling devices and automobile and truck
radios, tape decks or players or other such standard equipment used
and intended for the use and enjoyment of the occupants provided that
the sound emitted therefrom is not audible for more than 50 feet from
such automobile or truck.
A motor vehicle designed, used or maintained primarily for
the transportation of property.
A motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part
of the weight of the vehicle and load so drawn.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks.
A.
Noise disturbance prohibited. No person shall make, continue or cause
to be made or cause to be continued any noise disturbance by any means,
nor shall any person suffer, allow or permit any noise disturbance,
by any means, to be made or continued from or at any property, whether
public or private, real or personal, that is subject to such person's
right to control.
B.
Specific prohibitions. The following acts and the causing thereof
are also declared to be noise disturbances and therefore in violation
of this chapter:
(1)
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 radio, automobile stereo, high-fidelity
equipment or similar device which produces, reproduces or amplifies
sound:
(a)
At any time in such a manner as to cause a noise disturbance
across a property line (boundary), or between the hours of 9:00 p.m.
and 7:00 a.m. so as to be plainly audible across a property line (boundary);
(b)
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, or hand carried,
on a public right-of-way or public space; or
(c)
In such a manner as to create a noise disturbance to any person
other than the operator of the device, when operated by any passenger
or a common carrier.
(3)
Construction.
(a)
Operating or permitting the operation of any tools or equipment
used in construction operations, drilling or demolition work between
the hours of 9:00 p.m. and 7:00 a.m. the following day on weekdays
and Saturdays or any time on Sundays or legal holidays, such that
the sound therefrom creates a noise disturbance across the residential
real property line (boundary), except for emergency work.
(4)
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 9:00 p.m. and 7:00 a.m. so as to cause a noise disturbance
across a residential property line (boundary) except work done to
comply with a Borough ordinance.
(5)
Loading and unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage
cans or similar objects between the hours of 9:00 p.m. and 7:00 a.m.
the following day in such a manner as to cause a noise disturbance
across a residential property line (boundary). This section shall
not apply to municipal or utility services in or about the public
right-of-way.
(6)
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.
(7)
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 9:00 p.m.
and 8:00 a.m.
(8)
Street sales. Offering for sale or selling by shouting or outcry
or by any other amplified or unamplified sound within any residential
or commercial area except between the hours of 8:00 a.m. and 9:00
p.m.
(9)
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.
(10)
Vehicle, motorboat or aircraft repairs and testing. Repairing,
rebuilding or testing any motor vehicle, motorcycle, motorcycle, motorboat
or aircraft in such a manner as to cause a noise disturbance across
a residential real property line (boundary) between the hours of 9:00
p.m. and 8:00 a.m.
(11)
Impulse noise. Unless expressly exempted under this chapter
or expressly preempted by Pennsylvania or federal law, causing, continuing,
causing to be made, or causing to be continued any impulse noise,
including repetitive noises, by any means, from or at any property,
whether public or private, real or personal, which leaves the premises
from which it originates in such a manner as to cause a noise disturbance
across a residential real property line (boundary) between the hours
of 9:00 p.m. and 8:00 a.m.
C.
Prohibition of certain noises upon public rights-of-way and/or by
the use of motor vehicles and noise-creating devices.
(1)
Motor vehicle and motorcycles on public rights-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 noise or sound
level emitted by the motor vehicle or motorcycle, or any equipment
attached to such a vehicle, violates or exceeds the levels set forth
in Pennsylvania Department of Transportation Regulations Title 67,
Chapter 157, Subchapter B, 67 Pa. Code § 157.11.
(2)
All motor vehicles and motorcycles shall always be equipped with
an effective muffler or other noise-suppressing system in good working
order. No motor vehicle or motorcycle with an exhaust system that
has been altered or modified in any way to enable the exhaust system
to amplify or increase the sound level exceeding established sound
levels set forth in 67 Pa. Code § 157.11(a) shall be operated
on any public rights-of-way.
(3)
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).
(4)
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 C(1) hereof.
(5)
No person, while occupying any public right-of-way in the Borough,
shall operate any noise-creating device in such a manner that the
public's attention is drawn to the source of the noise. The prohibition
of this section shall include rapid throttle advance and/or revving
of an internal combustion engine resulting in increase of noise from
the engine.
The following sounds are exempted from the provisions of this
chapter:
A.
Amplified announcements. Electronically amplified announcements at
athletic events.
B.
Blasting. Blasting under a duly authorized permit, which blasting
may occur only between the hours of 9:00 a.m. and 4:00 p.m., Monday
through Friday, unless specifically authorized by such permit.
C.
Borough-permitted concerts, etc. 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:
(1)
Such activities do not occur between the hours of 11:00 p.m. and
8:00 a.m., unless otherwise permitted by the Borough.
D.
Emergency work. Sounds caused by the performance of emergency work
or by the ordinary and accepted use of emergency apparatus and equipment.
E.
Emergency generators. During a power outage, emergency generators
may be used and are exempt provided the generators use a fully functioning
and effective muffling system.
F.
Municipal and utility services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-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 fireworks or fireworks displays and motor vehicle racing
events.
(1)
Any person responsible for any activity or event involving fireworks or fireworks displays shall apply with the Hanover Borough Police for an application for a special variance from noise control, in accordance with § 248-7B, prior to applying for a Hanover Borough Fire Department fireworks permit.
(2)
Any person involved in any motor vehicle racing event shall apply
for a special variance from noise control with the Hanover Borough
Police.
H.
Warning devices. Sounds made by warning devices operating continuously
for three minutes or less, except that in the event of an actual emergency,
the time limitation shall not apply.
I.
Expression or communication protected by the United States Constitution,
including the First Amendment, or the Pennsylvania Constitution.
J.
Any activity or contact the regulation of which has been preempted
by Pennsylvania statute.
K.
Any noise created by a governmental entity in the performance of
an official duty.
L.
Any noise for which a permit has been issued by an authority having
jurisdiction to issue the permit.
This chapter shall be enforced by the Borough of Hanover Police
and/or the Code Enforcement Offer. The Code Enforcement Offer shall
have the powers of a police officer except the power of arrest.
A.
Whoever violates any provisions of this chapter shall, upon conviction
thereof in a summary proceeding, be fined for a: 1) First offense,
not less than $150 and not more than $1,000; 2) Second offense, be
fined not less than $300 and not more than $1,000; 3) Third offense,
be fined not less than $500 and not more than $1,000; to be collected
as other fines and costs are by law collectible, or imprisoned for
not more than 90 days, or both. Whoever violates any provision in
this chapter for a fourth offense and for any subsequent conviction
shall, upon conviction thereof in a summary proceeding, be fined $1,000,
to be collected as other fines and costs are by law collectible and
be sentenced to a term of imprisonment of not less than five nor more
than 90 days. Each day during which a violation occurs shall constitute
a separate offense.
B.
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 otherwise be available with or without process
of law.
Borough Council shall be provided quarterly reports by the Borough
Police Chief regarding the enforcement of this chapter.
